Land at Failsworth Lower Memorial Park: Charity Commission decision - summary
Published 4 August 2011
Applies to England and Wales
© Crown copyright 2011
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In its capacity as charity trustee, Oldham Borough Council asked the Commission to make an order to authorise it to dispose of part of the land held by the charity. It was proposed that the disposal, of part of the land known as Lower Failsworth Memorial Park, would take effect as a swap for other land that the Council owns in its statutory capacity. Under charity law, this would be a ‘connected person’ transaction and requires the Commission’s authority.
In February 2011, the Commission decided not to make the requested order. Subsequently, in its capacity as charity trustee, the Council asked the Commission to review the decision. Our review procedure offers a genuine opportunity for our decisions to be looked at afresh by a senior officer who was not involved in taking the original decision.
Having considered all the information received (including additional information and evidence from the Council and parties who had made submissions in connection with the original application) the Commission decided to make an order to authorise the disposal.