Meeting documents

1 THE ISSUE

1.1 The Trust Board needs to consider how to it is going to respond to the latest views of the Charity Commission.

2 RECOMMENDATION

2.1 The Trust Board is asked to note this report, and decide on how it wishes to respond to the Charity Commission.

3 FINANCIAL IMPLICATIONS

3.1 There are none directly arising from this report but there could be significant financial implications for the Trust depending on the decisions taken by the Trust Board and the reactions of the Commission.

4 THE REPORT

4.1 On 21st January 2009, in private session, the Board considered the Charity Commission's response dated 9 January 2009 to the Board's proposals submitted on 14th October 2008 for the future use of Bath Recreation Ground.

4.2 The Commission indicated it is prepared to regular the use of the Recreation Ground by the Leisure Centre for the purposes of the indoor recreation which means that the Leisure Centre will continue to operate as normal. However, it advised that it is unable to support the Trust Board's current proposals to enable the Trust to enter into the proposed new long-term lease with Bath Rugby. The Commission believing the benefits arising from the terms of the Trust's proposals do not yet out-weigh the detriments caused by them. The Commission has made clear that there are opportunities to submit revised proposals.

4.3 The Board need to respond to the Charity Commission by the 9th April. Since the last meeting, the Board's Chairman and Advisers have been in discussion with the Bath Rugby Club to explore how this balance could be addressed. These discussions are ongoing, and will be reported upon verbally at the Trust Board meeting.

5 RISK MANAGEMENT

5.1 This report is for information. There are therefore no new or additional risks arising from it. When considering how to respond to the Charity Commission it will be necessary to evaluate the risks arising from the each option.

6 EQUALITIES

6.1 This report is for information.

7 CONSULTATION

7.1 Consultation has taken place with the Trust Board's Independent Advisers.

8 RATIONALE

8.1 This report is for information.

9 ADVICE SOUGHT

9.1 The Trust's Independent Adviser and Senior Counsel (legal adviser)