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.