Recreation Ground, Bath

The Recreation Ground (the Rec) is an open space in the heart of the world heritage city of Bath, England. The Rec has played an important role at the heart of the community for over a hundred years. It is possibly most famous for being the home of Bath Rugby, but it also houses Bath leisure centre and hosts a variety of sporting and non sporting activities. To read more about the Recreation Ground, please click here> The Rec

The Trust

The Recreation Ground was conveyed to the Corporation (Mayor Aldermen and the Citizens of the City of Bath) on the 1^st February 1956. From this point on it was managed, effectively, as part of the Council’s estate. However, doubts over the legal effect of the Conveyance were settled in 2002, when the High Court declared the land to be a charitable Trust (Registered Charity no. 1094519). This confirmed that the Recreation Ground was a Trust with the Council as sole Trustee and a Trust Board has since been established to manage the Trusts affairs. 

Trust Board

The Trust Board for the Recreation Ground currently includes the following executive members; Gerry Curran (Councillor), Jonathan Gay (Councillor) and Sir Elgar Jenkins (Councillor). See contacts for more details or click here > Contacts.

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Objectives of the Trust

The objectives describe what the legal purpose of charity is. These were contained in the deeds to the conveyance of 1^st February 1956, which says: 

"The use with or without charge of the whole or any part or parts of the property hereby conveyed for the purpose of or in connection with games and sports of all kinds tournaments, fetes, shows, exhibitions, displays, amusements, entertainments or other activities of a like character and for no other purpose and shall maintain equip or lay out the same for or in connection with the purposes aforesaid as they shall think fit but so nevertheless that the corporation shall not use the property hereby conveyed otherwise than as an open space and shall so manage let or allow the use of the same for the purposes aforesaid as shall secure its use principally for or in connection with the carrying on of games and sports of all kinds and shall not show any undue preference to or in favour of any particular game or sport or any particular person club body or organisation."

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Role of the Trust Board

The main functions of the Board are to take policy decisions and issue appropriate guidance for the day to day operation of the Charity. Additionally, the Board has to operate within the legal framework applicable to Charitable Trusts (i.e. Charity Law) for the relevant law relating to local government and charitable trusts.

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Role of the Charity Commission

The Charity Commission have a responsibility to uphold and ensure charity law is followed. This means that they can scrutinise any decision made by the Trust and if necessary intervene if a decision has not been made in the best interests of the Trust or outside of the Trusts’ stated purpose.

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Charity Commissions involvement with the Trust

Following the high court ruling in 2002 the Charity Commission appointed two members of the firm Baker Tilly  as receiver and manager of the Charity (using an order, under section 18 Charities Act 1993).

The appointment of Baker Tilly gave them control of the Charity. This included the following functions (but not including the day-to-day management of the Rec):

Review the historical circumstances regarding how Bath City Council had occupied the charity property at the southern end of the Rec and formed a sports centre and car park. Plus, consider any claims against the Council or others which may have been connected.

Consider what was in the best interests for the future of the sports centre and car park. This meant examining the options for either retaining, disposing or part disposing of the facilities.

After reviewing these options, they were asked to decide what course of action was in the best interests of the Charity and then take the next steps to execute that action (subject to direction from the Charity Commission).

They were also asked to:

Review the validity of the Charity's leases to its tenants and the terms of the tenants occupation (including rent).

Decide what action to take in relation to the tenants, in accordance with the Trustees of the Charity and considering the best interests of the Charity.

Having decided on the Charity's best interests, they then had to take next steps necessary to execute that decision, subject to direction from the Charity Commission. 

Finally, they had to report their findings (in confidential documents) to the Charity Commission, plus, any other areas of concern that came to their attention.

In April 2005, their role was reduced with regard to the leases, nevertheless, they still remained receiver and manager of the Charity in relation to the sports centre and car park. However, a further order was issued on 30th March 2006 requiring the Trustees to obtain approval from Charity Commission in connection with any of the following;

letting, agreeing to let, selling, or otherwise disposing of, or creating any legal or equitable interest in, all or any of the property of the Charity.

granting any licence of any kind in respect of all or any of the Charity's property in favour of, or for the benefit of, Bath Rugby Club.

Hence, later in 2006, the Trustees could not extend the tenancy agreement with the rugby club for a temporary stand until permission had been granted by the Charity Commission.

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