Bath & North East Somerset Council
MEETING:	Bath Recreation Ground Trust
MEETING DATE:	5th OCTOBER 2007	AGENDA ITEM NUMBER		7
TITLE:	STRATEGIC REVIEW UPDATE	EXECUTIVE FORWARD PLAN REFERENCE:
		E	1700
AN OPEN PUBLIC ITEM

1 THE ISSUE

1.1 The Strategic Review was completed in June 2007 and this report outlines the progress made in taking forward the Trust Boards preferred option.

2 RECOMMENDATION

The Bath Recreation Ground Trust is asked to:

2.1 Note the Report.

3 FINANCIAL IMPLICATIONS

3.1 The Council has provided a loan to the Trust to undertake the Strategic Review and take forward its outcomes. Details of the expenditure to date and unspent balances are included elsewhere on the agenda. In taking forward the Review much will depend on the considerations of the Charity Commission. When the views of the Commission are known the Trust will have to consider further, the cost outcomes of implementing the Review and its funding implications.

4 REPORT

4.1 The Strategic Review was completed in June 2007 and reported to the Trust Board on 6^th June. The preferred direction of travel for the Board is to pursue option two and specifically requested the Charity Commission to make a scheme to deliver the following;

(a) The regularisation of the Leisure centre to allow it to remain on the Recreation Ground and allow its reconstruction from time to time to be determined by the Trust Board or until such time that the Trust Board determines that it no longer wishes to accommodate a Leisure centre on the Recreation Ground;

(b) The facility to dispose of further land to Bath Rugby Club in furtherance of the Trust's proposals subject to agreement of future leases and significant further charitable benefits to be agreed in conjunction with the Charity Commission;

(c) Redefinition of the objects of the Trust in accordance with Section 13(1)(e)(iii) of the 1993 Act on the grounds that the original purposes in whole or in part have, since they were laid down, ceased ... to provide a suitable and effective method of using the property available by virtue of the gift, regard being had to the spirit of the gift and as based on the Recreational Charities Act 1958 to deliver a modern, fit for purpose Recreational Trust and as described in the report;

(d) Provision of express powers to be included within the objects to enable the hiring and/or disposal of property, application and income of capital and extension of trusteeship and any other provisions as necessary to facilitate the modern operation of a Recreational Trust;

(e) Setting out trusteeship arrangements, following further consideration by the Trust Board;

4.2 The Charity Commission are presently reviewing the information contained in the Strategic Review and the decision made by the Trust Board. A meeting was held with officers of the Charity Commission on 20^th June to explain the rationale for the decision. The Trust Board was represented by with the Board Chairman and Independent advisor. Following that meeting further information has been provide to the Commission.

4.3 A key dependency in progressing option two was the granting of a further one year lease extension to the Rugby club in respect of the temporary stand. This was granted on 20^th July 2007 after an internal review of the initial decision by the Charity Commission following representations from members of the public. The Recreation Ground remains vested in the Official Custodian for Charities under Orders placed by the Commission on 28^th February 2007. This restricts the Trustees from entering into land disposals without the Commissions prior consent. The Commission is obliged to review these orders on a regular basis and does so monthly.

4.4 In August 2007 the Charity Commissions' Inquiry into the Recreation Ground was completed with the publication of it's inquiry report. The Receiver & manager were also discharged on 1^st March 2007 and final account received.

4.5 The Trust has taken up the issue of the Leisure centre with the Council (referred to in 4.1 above) and received in principle agreement to fund its ongoing deficit and recognition of the Leisure Centre as a Trust asset. Although the Strategic Review outcome is waiting on the considerations of the Charity Commission, the position of the Leisure Centre needs to be regularised and discussions have taken place with the Council to identify the key issues to be addressed in any formal agreement. These draft Heads of Terms appear as a report elsewhere on the agenda.

4.6 Similarly discussions have taken place with Bath Rugby Club regarding the potential future disposal of land and enhanced charitable benefits the Trust could enjoy. These draft heads of terms also appear as a report elsewhere on the agenda.

4.7 In taking the outcome of the Strategic Review forward the Trust Board will have to reconsider its financial position on a regular basis in particular in relation to legal and advisory costs. To date costs incurred are contained within the limits of loans approved by the Council

5 RISK MANAGEMENT

5.1 The key risk remains the ability of the Trust to deliver the preferred outcome of the Strategic Review, and in particular the future of the Rugby Club and the Leisure Centre, upon the financial position and on going viability of the Trust.

6 RATIONALE

6.1 The Strategic Review and preferred option 2 sets out the future direction for the Trust and its success is imperative on progress being made with all the issues of concern

7 OTHER OPTIONS CONSIDERED

7.1 None

8 CONSULTATION

8.1 Deputy Section 151 Finance Officer

9 ISSUES TO CONSIDER IN REACHING THE DECISION

9.1 No decision required.

10 ADVICE SOUGHT

10.1The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer have had the opportunity to input to this report and have cleared it for publication.

Contact person	Tony Bartlett (01225) 477325
Background papers	Strategic Review Report June 2007
Please contact the report author if you need to access this report in an alternative format