Decision

Approval for the Young & Creasey Gallery Trust to enter into a Collection Print-on Demand Agreement with Art UK for the sale of licensed artwork on Art UK’s online retail platform.

Reasons for the decision

The Young & Creasey Gallery Trust is a Charity registered with the Charity Commission under the Charity Number 1186571 and Wiltshire Council is the sole Trustee of the Young & Creasey gallery Trust.

On 2 April 2024, the Edwin Young Collection (Charity Number 309519) and The John Creasey Museum (Charity Number 309535) merged with the Young & Creasey Gallery Trust (Charity Number 1186571).

Until 2002, the decision maker for the Collection and The Edwin Young Collection and The John Creasey Museum (“Young and Creasey Gallery Trusts”) was the Education Committee of Wiltshire County Council. This is understandable as up until 2002 the County Council adopted a committee model of Local Government. The Education Committee also granted a delegation to the Chief Education Officer / Head of Libraries and Heritage for day-to-day management of the Young & Creasey Trusts. In addition, the Head of Libraries formed an advisory Management Committee (made up of key Council officers) to assist in overseeing these delegated powers.

In 2002 Wiltshire County Council changed its Governance arrangements and adopted an executive model of Local Government. As a result, a report was taken to Cabinet in respect of the governance of a number of charities and trusts of which Wiltshire County Council was Trustee including both the Collection and The Edwin Young Collection. The report recommended:

The Edwin Young Collection (value £0.3million) and the John Creasey Museum (value £0.2million) be managed by the Head of Libraries & Heritage, supported by the existing management/advisory committees. (paragraph 5.3)

The management of other (smaller) charities be delegated to the appropriate Chief Officer or Head of Service. (paragraph 5.4)

The investment management arrangements of all charities be delegated to the County Treasurer. (paragraph 5.5)

The approval of annual reports on the activities of the trusts and on investment matters, together with any contentious policy issues, be dealt with on behalf of the County Council as trustee by the Cabinet. (paragraph 5.6)

The day-to-day administration of all trusts be dealt with by the Finance and IT Department. (paragraph 5.7).

The Report was considered at Wiltshire County Council - Cabinet Meeting 1 March 2002 and Minute 46 records the Decision of Cabinet to confirm the arrangements set out in the report (including these referred to above).

As there was no cut-off date and as Wiltshire Council’s role of Trustee has been on-going then this resolution can still be relied upon for Trustee decisions. However, this would be subject to there being no subsequent amendments by Cabinet and being able to identify the successor to the “Head of Libraries & Heritage” role.

If there is any ambiguity as to the continuation of this delegation, as the day-to-day management has not been reserved to Council, Cabinet, or its Committees, pursuant to the Council’s Constitution this decision making is given to the Corporate Director Place. However, it is acknowledged that the Scheme of Sub-Delegation of the Corporate Director for Place permits a Director in consultation with the Corporate Director to take all lawful action consistent within their areas of responsibility.

As Director of Leisure, Culture and Communities, pursuant to the third introductory paragraph of the Scheme of Sub-Delegation dated 1 June 2026, I am authorised make this decision in consultation with Samantha Howell, Corporate Director for Place. I confirm that in making this decision, I have consulted Samantha Howell.

Reason for decision

The Young & Creasey Gallery Trust wishes to enter into a Collection Print-on Demand Agreement with Art UK to enable selected artworks from the Trust’s collection to be made available for sale through Art UK’s online retail platform.

Entering into this Agreement will increase public awareness of, and engagement with, the Trust’s collection whilst also creating an opportunity for the Trust to generate income from the sale of reproductions of artwork held within the collection. The Trust will receive a proportion of the revenue generated from sales in accordance with the revenue-sharing provisions set out in the Agreement.

The Trust’s Management Committee approved the Trust entering into the Agreement with Art UK at a committee meeting held on 16 June 2026, subject to the agreement of the terms and conditions.

Legal Services Commercial reviewed the Agreement and advised on its terms. During that review, Legal Services Commercial identified that the limitation of liability provisions operates in favour of Art UK and do not provide an equivalent contractual cap on the Trust’s liability and so the Trust’s liability will be unlimited. Art UK confirmed that it would not accept amendments to those provisions. The Art Curator has considered the issue and confirmed on 16 July 2026 that the Trust is willing to proceed on that basis and accept the associated risk.

I confirm that in making this decision I have considered the following in line with Wiltshire Council’s Constitution: Not applicable as the Young & Creasey Gallery Trust is a Registered Charity of which Wiltshire Council is the sole Trustee.

See the attached document for considerations in line with Wiltshire Council’s Constitution.

Alternative options considered

This option was considered but was rejected. If the Trust does not enter into the Agreement, the artworks would not be made available for sale through Art UK’s online platform, and the Trust would lose the opportunity to increased awareness of the collection and generate income from print-on-demand sales.