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Standing on firm ground

Kenneth Dibble explores how the First-tier tribunal's decision in respect of Bath Rec recognises the important role the Charity Commission has in providing for the effective regulation of charitable community assets

5 June 2014

Open spaces for public recreation are an integral part of our towns, cities and villages. Very often these are held on charitable trusts and their management is entrusted to charity trustees.

Commonly those trustees are the local authorities for the local area.

Occasionally, some event overtakes the trusts and the trustee needs some new power to manage the charity. The trustee can apply to the commission for the charity to be administered in accordance with a scheme. That is what Bath and North East Somerset Council did in respect of the Bath Recreation Ground Trust.

Scheme making powers

Under section 69 of the Charities Act 2011, the commission shares the High Court's jurisdiction to make schemes. Broadly there are two scheme making powers: one to change the purposes of a charity under the cy près doctrine and one to ch...

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