Charitable Trust Status
The Rec is operated by Bath and North East Somerset Council. However the exact legal status was unclear until July 2002, when the High Court determined that the Rec was held on charitable trusts and the council, as sole Trustee, was charged with maintaining the Rec as an "open space" and "as a recreational facility available for the benefit of the public at large." The terms of the trust specify the Rec should be used for "games and sports of all kinds, tournaments, fetes, shows, exhibitions, displays, amusements, entertainments, or other activities of a like character" and there be no "undue preference to or in favour of any particular game or sport". The trust registered as a charity in November 2002.
| Land usage of the Rec in 2007 | |
|---|---|
| Open Space | 41% |
| Rugby Club (in season) |
27% |
| Council Sports and Leisure Centre |
17% |
| Croquet Club | 9% |
| Tennis Clubs | 5% |
| Drama Club | 1% |
As a result of the court’s determination, Bath Rugby's use of the Rec for professional rugby was inconsistent with the trusts of the Charity. Since then the Charity Commission has made annual orders authorising the charity to continue the lease to the rugby club of additional land required for premiership rugby while a permanent solution is sought. Bath Rugby hold a long running lease to the ground of the old "Flowerpot Stand", but this is not sufficient for professional rugby.
In 1975 Bath City Council, the predecessor council, built a Sports and Leisure Centre and car park on the south side of the Rec after taking legal advice that this was consistent with the trust obligations. However following the 2002 High Court determination, the Charity Commission decided this was a breach of trust by the council as Trustee. In 2005 the council renewed Bath Rugby's temporary lease without the necessary prior consent from the Charity Commission. Consequently in February 2007 the Charity Commission made a protective order vesting all of the Rec in the Official Custodian for Charities while the council conducts a delayed strategic review, and new plans are agreed and implemented.
The Rec was conveyed for a sum of £11,155 to the City of Bath Corporation in 1956 by the Bath and County Recreation Ground Company, when the company recognised that it could no longer profitably run the Rec. The Rec was transferred under various conditions that created the Charitable Trust status. Additionally earlier conditions from the 1922 transfer from Francis William Forester to the company, preventing any building on the Rec for trade or business that could disturb the neighbourhood, were passed onto the Trust. The company had been formed in 1894, but only obtained full ownership of the Rec in 1922.
Read more about this topic: Recreation Ground (Bath)
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