TERMS OF REFERENCE for
chipperfield advisory committee
GENERAL
a. This Committee
is an advisory committee to the Council appointed by the Council
under s102(4) of the Local Government
Act 1972.
b.
The Committee comprises 7 members, with a quorum of
3, appointed by Council for a period of 4 years. Additionally, the
National Advisor to the Gallery may attend Committee meetings in an
ex-officio capacity at his/her discretion.
c.
The Committee shall meet in May and October of every
year and on any further occasion as may be necessary to carry out
the business of the Committee.
d. Where a
function or matter within the Committee's competence has been
delegated to an officer, the Committee
may exercise that function/matter concurrently with the officer to
whom it has been delegated.
e. The exercise
of any function or matter within the Committee's competence is
always subject to any relevant requirement of the Council’s
Constitution including any Special Procedure and Protocol drawn up
and approved by the Head of Legal, HR and Democratic Services in
pursuance of Council Procedure Rules.
TERMS OF REFERENCE
1.
To identify, manage and resolve any conflicts of
interest (or perceived conflicts of interest) occurring as a result
of the Council’s dual role as a corporate body and Trustee to
the Chipperfield Bequest, with
recommendations to Council as to an appropriate course of action in
the circumstances.
2.
Conflicts of interest are matters including but not
limited to:
a.
determining which of those items acquired
since the gallery was established belong to the Charity or to the
Council corporately;
b.
determining whether any particular
potential acquisition should be acquired by the Council or the
Charity assuming that the Council is sometimes interested in making
acquisitions of its own, rather than merely as trustee;
c.
the apportionment of expenses of running,
insuring and repairing the Art Gallery between the Council and the
Charity (if not entirely funded by the Council);
d.
the use of any admission fees charged for
access to special exhibitions;
e.
the ownership and exploitation of any
intellectual property rights arising out of any publications
associated with the Art Gallery or its collection;
f.
questions as
to whether the Charity should (for example) seek a scheme removing
its existing obligations.
3.
To conduct any investigation or enquiry necessary in
furtherance of its functions under these Terms of Reference, and
make recommendations to Council as to an appropriate course of
action in the circumstances.
4.
To take advice from council officers as necessary
and have recourse to any Council facilities or resources necessary
for the performance of its duties, other than in cases where a
conflict of interest or other reason exists that renders use of
such resources inappropriate whereupon the Committee will be
entitled to seek its own independent advice.
5.
To recommend the expenditure of Trust funds in
relation to the acquisition of works of art, in consultation with
the National Advisor.
6.
To make recommendations to Council (as Trustees), as
appropriate, in relation to the insurance of the collection,
charging, re-investment should any assets be disposed of,
fundraising and sponsorship.
7.
To provide reports to Council (as Trustees) as
necessary and at least annually in relation to the use of the
Trust’s collection, patronage, use of works loaned to other
organisations, details of purchases made, and work of the
academy.
8.
To have sight of the Trust’s accounts at least
annually and make any recommendations deemed appropriate to
Council.
9.
To consider and recommend to Council an Arts and
Heritage Collections Policy in relation to acquisitions on its
renewal every 3 years.
10.
To contribute where necessary to the accreditation
of venues process.