Louth Swimming Pool: Charity Commission decision
Published 12 August 2011
Applies to England and Wales
The Commission received representations about a proposed Scheme that would allow the trustee to sell the property belonging to the charity and provide for how the proceeds of sale would be used. The trustee had set out proposals to sell the property because the swimming pool was no longer needed following the construction of a municipal swimming pool on other land.
The review was conducted by a senior manager, who gave those who had commented on the draft Scheme the opportunity to clarify their representations by telephone.
The Commission may only make a Scheme to change the purposes of a charity in certain circumstances (known as the ‘cy-pres principles’). The reviewer concluded that there was insufficient information available to support a decision under the cy-pres principles and that further information was needed before a final decision could be made. Therefore it was not appropriate to make the Scheme at that time.
After receiving further information from the trustee and the organisation named as the recipient of the proceeds of sale, the reviewer concluded that it is now appropriate to make the proposed Scheme, with some amendments.