Bath & North East Somerset Council The Recreation Ground Bath Trust
MEETING:	Bath Recreation Ground Trust
MEETING DATE:	6th June 2007	AGENDA ITEM NUMBER
TITLE:	STRATEGIC REVIEW REPORT
AN OPEN PUBLIC ITEM
List of attachments to this report: Report of the Independent Trust Adviser

1. THE ISSUE

1.1. This Strategic Review was commissioned by the Trust report Board with the agreement of the Charity Commission to consider the future uses of the recreation ground. The report provides sufficient information to enable the Trust to determine the future strategic direction of the Trust based on the options detailed in the report.

2. RECOMMENDATION

The Bath Recreation Ground Trust is asked to:

2.1. Determine a preferred option for the future strategic direction for the Trust and instruct Trust Advisers to take the necessary action to progress implementation of the preferred option

3. FINANCIAL IMPLICATIONS

3.1. Included in the report.

4. THE REPORT

4.1. With the agreement of the Charity Commission the Trust commissioned a Strategic Review to examine the current position, explore future options and uses for the Recreation Ground and examine ways in which to create a viable, sustainable and legally secure future making the best possible use of the Trust's resources for the benefit of the public and in the light of the Trust's charitable purposes.

4.2. The report attached at appendix 1 prepared by the Boards Independent Adviser examines the present position of the Trust and the possible options as to future use. It addresses the complicated legal issues the Trust Board faces and draws upon significant Senior Counsel advice and reports from professional consultants. The Trust Board must carefully consider the content of the report and the potential options open to them for securing a certain future for the Recreation Ground.

4.3. It should be noted that the powers of the Trust Board are extremely limited and any decisions reached will need the full support and approval of the Charity Commission to implement.

5. RISK MANAGEMENT

5.1. The Trust Board is advised that there are a number of innocent breaches of Trust and it must take action to regularise and remedy the situation. In taking decisions, the Trust must always be mindful of its financial position and the complexities of the issues and challenges it has to face. It must also recognise the Charity Commission's role in ensuring the objects of the Trust are adhered to. In this respect Senior Counsel has been retained to ensure demonstrably impartial advice is available..

6. RATIONALE

6.1. The Recreation Ground through historic circumstances is currently administered in a way which does not wholly accord with the charitable purposes set out in its Trust Deed. The Strategic Review is designed to assist the Board, in conjunction with the Charity Commission, to ensure a more certain and legally secure future.

7. OTHER OPTIONS CONSIDERED

7.1. None.

8. CONSULTATION

8.1. Interim Support Services Director,; Chief Executive; Monitoring Officer

9. ISSUES TO CONSIDER IN REACHING THE DECISION

9.1. Subject to further information: the decisions taken are necessary or expedient in determine the future of the Recreation Ground Trust

10. ADVICE SOUGHT

10.1. The Council's Monitoring Officer (Council Solicitor) and officer on behalf of the Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.

Contact person	Tony Bartlett (01225) 477302
Background papers
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