Recreation Ground, Bath: Charity Commission decision 2013 - summary
Published 13 June 2013
Applies to England and Wales
© Crown copyright 2013
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This publication is available at https://www.gov.uk/government/publications/recreation-ground-bath/recreation-ground-bath-charity-commission-decision-2013-summary
The Commission received 1868 representations about a Scheme that the commission proposed to make for the Bath Recreation Ground Trust.
The land in Bath is held on charitable trust for use as a recreational facility for the benefit of the public. The local authority is trustee. The land has, for sometime, been used contrary to the trusts of the charity in two respects:
- part of the land is now occupied by an indoor sports centre and car park; and
- about 14,907 square metres of land is occupied by Bath Rugby Club under a 75 year lease granted in 1995
The purpose of the Scheme was:
- to establish an independent body of trustees for the charity in place of the local authority;
- to resolve the situation relating to the leisure centre by altering the trusts to allow the site of the building to be used for indoor recreational purposes; and
- to give the new trustees a range of powers to resolve the issues caused by the lease to the Rugby Club
The review was conducted by a senior manager who visited Bath and gave those who had commented on the draft scheme the opportunity to clarify their representations with him.
The reviewer decided that the Scheme should be made, but with modification. It was made on 12 June 2013.
The Scheme places the responsibility for resolving the breach of trust with the trustees, now independent of the local authority. They can opt to pursue the option that has already been consulted on locally or consider an alternative strategy. In doing this, they must act only in the best interests of the charity.
The reviewer particularly recognised the negative impact of the existing lease to the rugby club and its activities on users of the ground and those who live nearby. Any agreement with the rugby club must include a covenant to the effect that the club minimises disruption to local residents and to the users of the charity.
The site of the leisure centre will remain under the trusteeship of the local authority until the new trustees have entered into binding arrangements with the local authority in respect of the Centre’s on-going maintenance.