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SCOTTISH AMBULANCE SERVICE ENDOWMENT FUNDS PDF

24 Pages·2009·0.11 MB·English
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SCOTTISH AMBULANCE SERVICE ENDOWMENT FUNDS SCOTTISH AMBULANCE SERVICE Endowment Funds 1 Use and Administration of certain endowments and other property held byHealth Boards Under Section 83 of the National Health Service (Scotland) Act 1978 paragraphs 3 & 4 it is stated that: “In exercising the power conferred on them by this section in relation to any endowment or property a Health Board shall secure, so far as is reasonably practicable, that the objects of the original trust (including, in the case of an endowment, the objects of the endowment) and the observance of any conditions attaching thereto, including, in particular, conditions intended to preserve the memory of any person or class of persons, are not prejudiced by the exercise of the power. Any reference in this section to an endowment or to any property includes a reference to the accumulated income” 2 Power of Health Boards and Local Health Councils to hold Property on Trust Section 83 of the Act states that: “A Health Board shall have power to accept, hold and administer any property on trust for purposes relating to any service which it is their function to make arrangements for, administer or provide, or to their functions with respect to research.” 3 Position of Health Boards as Trustees The legal position of Health Boards as trustees of their endowment funds arises from the terms of the above. As trustees they are subject to the normal rules affecting the rights and duties of trustees as contained in the Trusts (Scotland) Acts 1921 and 1961. Health Boards are solely responsible for the administration of funds for which they are trustees and although the Cabinet Secretary for Health and Wellbeing may offer advice on the use of endowment funds, the responsibility for the funds remains with the Board. Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page2of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds The Cabinet Secretary for Health and Wellbeing may, by order or other instrument, limit the extent to which endowment funds may be used in the administration of the health services but the power is negative rather than positive. In other words the Cabinet Secretary for Health and Wellbeing can state what cannot be done with endowment funds but he cannot state what can be done with them. As trustees the Board should approve all expenditure from endowment funds either in the form of an annual budget submitted to the Board in respect of individual Ambulance Stations, Departments, Divisions or Headquarters, or in the form of individual submissions for the larger types of expenditure. Funds, which are donated for Specific purposes, will be administered by appointed fund holders who will have authority to approve all reasonable expenditure from their fund. It should however be noted that there is a duty placed on the trustees to ensure that the specific nature of the fund is complied with. The reason for this is that although the money is donated for specific purposes these funds are still part of the endowment fund as a whole. Equally because they are for specific purposes it is not considered necessary for budgets to be submitted to the Board for the approval of expenditure as it is alreadyknown what the fund is to be used for. There may be many sources of specific funds such as fund raising activities by the public, legacies left for specific purposes, ‘donations’ bycompanies etc 4 The Office of Scottish CharityRegulator The Endowment Funds is registered as a charity with the Office of Scottish Charity Regulator (OSCR) Charity Number SC027131. The purpose of the charity is entered in Scottish Charity Register as for the “Advancement of Citizenship or CommunityDevelopment.” 5 Sources of Income All sources of income must be recorded on the Register of Donations (including legacies) stating details of donator, amount and restrictions where applicable.  Legacies Legacies may be received from lawyers in respect of a deceased person’s wishes. The legacy may state a particular use, department, station etc. for which the legacyis to be used. When a cheque is received an official receipt must be issued and sent to the lawyer concerned with an official letter of thanks. Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page3of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds  Executors These may be received from lawyers in respect of a deceased person’s wishes. The balance of an estate, after all other legacies etc. are paid, may be left to some part of the Scottish Ambulance Service. When received, the cheque together with all the accompanying paperwork must be sent to the cashier at National Headquarters. Donations These may be received from various sources to be used in a division, department, station or any other area of the Service specified by the donor. An official receipt must always be Issued and where appropriate the person receiving the cheque on behalf of the Service shall write an official letter of thanks. (Annex 1) This may be followed up with a letter from one of the Executive Directors.  Bank Interest / Income from Investments This will be money generated from the investment of cash received until such time as it is to be used. 6 Banking and Recording of Income All Endowment Funds income shall be paid into the Scottish Ambulance Service Endowments Fund Reserve Account, number 16-57-10 53524767 Cater Allen Bank 9 Nelson Street Bradford BD1 5AN Banking must be done on a regular basis and any donations received must be banked no later than the following working day when the bank is open for business. All donations must be recorded on an Income Schedule, (Annex 2), detailing the donor, fund name (where appropriate) and amount. A note must also be appended to the schedule of the intended purposes of the use of the donation. The Income Schedule should be forwarded to the Cashier at National Headquarters. Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page4of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds 7 Gift Aid Where a private individual who pays income tax at the basic rate, the charity is permitted to claim back the income tax in respect of the donation from the Inland Revenue. Where such a donation is received an official letter (Annex 1) should be sent to the donor together with the requisite form for completion and return to the General Manager Finance. The procedure for recovering the tax only requires the donor to complete a simple form of declaration – annex6. 8 Payments from Endowments Account The cheque book for the payment of invoices etc. relating to an Endowment Fund is under the control of the Cashier at National Headquarters. The list of individuals authorised to sign cheques drawn on the Endowment Fund Account, Number 53524767 is Chief Executive Finance Director Medical Director A request for a payment to be made by cheque should be submitted on the appropriate form - payment schedule (Annex4) to the Cashier at NHQ together with all the relevant paperwork. The Endowments Fund Income Account is used both to lodge cheques received from donors etc. and to make payments. Interest will be accumulated and paid monthly. Upon receipt, the interest must be promptly recorded in the books of the Endowment Funds. Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page5of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds 9 Investments Where relevant an Investments Register shall be maintained which shall record full details of any investments made on behalf of the Fund or of any investments donated to the Fund All stock or share certificates will be held in a safe or compartment of a safe at National Headquarters Should there be any Endowment Property then the deeds relating to such propertyshould be deposited with the Boards lawyers for safe keeping The Director of Finance shall regularly review interest received from investments and can decide on the most appropriate method of investment, taking into account risk and interest rates. Any change in bank account or investment vehicle should be reported to the Endowment Trustees (Board). 10 Value Added Tax (a) NHS bodies can acquire the following goods zero-rated when purchased whollywith charitable funds or voluntarycontributions. i) For use in medical research, training, diagnosis or treatment:  Medical equipment  Scientific equipment  Computer equipment and certain software  Video equipment  Sterilising equipment  Laboratoryequipment  Refrigeration equipment Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page6of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds i) Ambulances ii) Parts or accessories for use in or with above goods i) Medical or surgical appliances designed solely for the relief of disabilityor injury; ii) Electricallyor mechanicallyadjustable beds; iii) Certain sanitarydevices; iv) Certain Chair lifts or stair lifts; v) Certain Hoists and lifters; vi) Motor vehicles that are designed for carrying a maximum of 12 people and have been specifically designed or substantially adapted for the carriage of a person in a wheelchair or stretcher; vii) Specificallydesigned or adapted motor vehicles; viii) Unadapted motor vehicles that have between 7 and 50 seats and are purchased or hired for use by an eligible body mainly for the transportation of blind, deaf, mentally handicapped or terminally ill people; ix) Vehicles that have been substantially and permanently adapted to carryat least one disabled person in a wheelchair; x) Certain rescue equipment when purchased by or for donation to a charityproviding rescue or first aid services; xi) Certain resuscitation models for use in first aid training; xii) Repair maintenance or installation of qualifying goods and any goods supplied in connection with this repair maintenance or installation; xiii) Equipment and appliances not already included for chronically sick or disabled person; xiv) Parts and accessories designed solely for use in or with goods described above. This list is not exhaustive but only an indication of the types of item, which may be purchased from charitable funds for use in medical, training, diagnosis or treatment. (b) Under Schedule 8 of the VAT Act 1994 certain items may be zero rated where the goods are: i) relevant, and ii) purchased wholly from charitable funds supplied to an eligible body (c) To qualify for Zero rating the item must be used solely for the declared purpose (If it were partly used for medical treatment and partly for general administrative work, zero rating would not apply). (d) Goods purchased with a mixture of exchequer and charitable funds cannot be zero rated for VAT. Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page7of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds (e) In order to obtain zero rating a certificate should be presented to the supplier in the format of the attached certificate at the time the goods are ordered. For details of goods and services qualifying for zero rating refer to annex 6 (Notice 701/6 Charity funded equipment for medical, veterinary etc uses - September 2003). 11 Form of Certificate to AccompanyOrder for Goods when VATZero Rating is claimed The form of certificate to be used to request zero rating is attached in Annex5. This form is shown in the supplement to VAT notice 701/58 which is obtainable from HMCustoms & Excise. Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page8of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds Annex 1 Official Letter of Thanks (Ref) (Date) Dear ................................. I thank you for your kind donation of £____ that you have given to the Scottish Ambulance Service. Please find enclosed our official receipt. As per your request, your donation has been credited to the funds of (station/department) /general fund where it will be put to good use. The Scottish Ambulance Service’s Endowment Fund is registered by Office of Scottish Charity Regulator (OSCR) as a charity (SC027131) and by HMRC and therefore entitled to claim Gift Aid. If you are a UK tax payer and if you wish Scottish Ambulance Service to claim tax back on the donation for the Fund please complete the attached Scottish Ambulance Service form. Tax claimed by the Scottish Ambulance Service’s Endowment Fund allows the Endowment Fund to reclaim 28p of tax on every £1 you give as a donation. Donating to the Scottish Ambulance Service’s Endowment Fund does not affect your personal tax position. Should you wish the Scottish Ambulance Service’s Endowment Fund to reclaim the Gift Aid please complete the attached form and send back to us in the SAE On behalf of the staff, mayI express our appreciation of your gift. Yours sincerely Name Designation(Nameofpersonreceivingdonation) ScottishAmbulanceServiceEndowmentFundisaregisteredcharityinScotland.Scottish CharityNumberSC027131 Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page9of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService. SCOTTISH AMBULANCE SERVICE Endowment Funds GIFTAID DECLARATION Name of Charity____________________________________________________- Please treat □ The enclosed gift of £__________________as a Gift Aid donation; OR □ All gifts of money that I make today and in the future as Gift Aid donations; OR □ All gifts of money that I have made in the past 6 years and all future gifts of moneythat I make from the date of this declaration as Gift Aid donations. √ Please tick the appropriate box You must pay an amount of income tax and/or capital gains tax in each tax year at least equal to the tax that the charity will claim from HM Revenue & Customs on your Gift aid donation(s). Donor’sdetails Title __________Initial(s)____________Surname___________________________ Home address ______________________________________________________ __________________________________________________________________ _________________________________________________________________ Postcode ___________________ Date _______________________ Signature ______________________________________ Please notifythe charityif you: 1. Want to cancel this declaration 2. Change your name or home address 3. No longer paysufficient taxon your income and/or capital gains Dateupdated VersionNo: Doc&page: Reviewarrangements: April2009 0.02 Page10of24 Tri-annuallyoron introductionofnew systemsbyFinance Manager DateofRelease: DateofIntranet Implementation: Approvedby: Posting: Immediate AuditCommittee Equality&DiversityImpactAssessment: noadverseoutcomehasbeenidentified Printedversionsofthisdocumentareuncontrolledandmaynotbeextant–checktheServiceintranet orwiththedocumentauthor. TheScottishAmbulanceServicetitle,crest,uniformandvehicledesign arevariouslyprotectedinEuropean,UKandScottishlaw. AllcopyrightisretainedbytheService.

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