Failsworth Land Status Ruling

[Rick]

Rick,

 

Do you still want a club?

 

Of course. But I dont want it moved to Failsworth to allow the owners to sell of the land where BP is stood and do one into the sunset with their pockets bulging.

 

Do you still want a club?

 

 

Edited December 17, 2010 by Rick

[beag_teeets]

If we stay at BP the club dies. We do not get enough bums on seats to survive and we need the bells and whistles of shops, bowling, hotels and whatever to cover the footballing side of the enterprise. We will not get this at BP, the NIMBYs have proved themselves able to defeat several plans, chuck in the town green status and the developments that have already started on the site and staying at BP is dead in the water.

 

Like it or lump it, it is Failsworth or bust.

 

If Failsworth doesn't happen then Corney would rightly chuck the towel in "you thick Lancy bastards, I'm out of your club/town" If that happens hello admin, we lose the players who can control a ball, we can't get crowds in at the moment and the chances of getting them in with 11 David Lees will be even slimmer.

 

There will be less bucket rattlers out to save us this time and people have less disposable to put into buckets these days, many will bang on about "that 250k we got last time..." and refuse to put in.

 

So we are left with a 3 sided BP, players that aren't fit to play on Clayton and a future bleaker than a bastard offspring of Leonard Cohen but at least "we're at home"

[razza699]

not got the time or effort to read back through all the posts but can someone sum up in a nutshell whats happened? theres nothing on the OS

[singe]

Don't agree Singe, most of what the case worker said was just about procedures and is not saying anything about the case.

 

From the CIFPA website:

 

The Charity Commission is the independent regulator for charitable activity in

England and Wales. Where a local authority seeks to dispose of land impressed with

charitable trusts, it must comply with the Charities Act 1993 section 36. In most

cases, due to the related party interest and conflict of interest, you will need our

assistance and agreement before you proceed and sign the contract.

 

 

Having looked on the Charity Commission Website, this is my opinion:

 

The council wish to transfer land held in charitable trust.

As they are a trustee, they are deemed to be a connected person and therefore must obtain an order from the Charity Commission before any such transfer takes place. This is the inherent conflict of interest mentioned by the case worker. An order gives authority to the trustee to proceed with the disposal and provides assurance that the trustee has carried out the transaction openly and transparently and that it is in the best interests of the charity (or the people who are supposed to benefit from the Charitable Land). In such cases the Charity Commission need to be sure the trustee has taken the correct measures to manage any conflict of interest to assure the Char Comm that the best terms are being achieved for the disposal.

 

We are still waiting to hear whether they have given us this order.

I am happy to bet a not insignificant sum that they go for option •a decision to withhold authorisation because we lack certain information (but leaving it open to the Council to re-apply if the missing information can be supplied);

Even if they go for A), we now know even the Charity Commisions internal and independent audit is divided, so even if we get the go ahead it will be appealed straight away. He therefore is making sure his bum is covered process and legally wise hence the delay. He's nothing to lose, the onus is all on the council and the club t persevere through the political process.

 

[Takemeanywhere]

not got the time or effort to read back through all the posts but can someone sum up in a nutshell whats happened? theres nothing on the OS

 

Certainly. Nothing has happened.

[beag_teeets]

not got the time or effort to read back through all the posts but can someone sum up in a nutshell whats happened? theres nothing on the OS

 

 

Nowts happened.

 

It is as you were, CC dragging feet, looking like conflict of interests as the council own the land that is to be swapped, looking like a Falmer where the decision will have to go to one person then probably review then back to square one, another review, courts, back to CC, another review, appeal, decision, newts found, delay and then we go bust.

 

Or it might go through, we just don't know.

[razza699]

Nowts happened.

 

It is as you were, CC dragging feet, looking like conflict of interests as the council own the land that is to be swapped, looking like a Falmer where the decision will have to go to one person then probably review then back to square one, another review, courts, back to CC, another review, appeal, decision, newts found, delay and then we go bust.

 

Or it might go through, we just don't know.

 

cheers !

 

[Takemeanywhere]

I am happy to bet a not insignificant sum that they go for option •a decision to withhold authorisation because we lack certain information (but leaving it open to the Council to re-apply if the missing information can be supplied);

Even if they go for A), we now know even the Charity Commisions internal and independent audit is divided, so even if we get the go ahead it will be appealed straight away. He therefore is making sure his bum is covered process and legally wise hence the delay. He's nothing to lose, the onus is all on the council and the club t persevere through the political process.

 

They probably will go for option 'b' and I certainly wouldn't take your bet. However, that doesn't mean that the Charity Commission are washing their hands of it, simply following due-process...slowly.

[Macca]

Yet another farce. Why has there been no announcement?!

[singe]

Yet another farce. Why has there been no announcement?!

Everyone is agreeing that the statement is 100% fact.

[laticsmad]

Of course. But I dont want it moved to Failsworth to allow the owners to sell of the land where BP is stood and do one into the sunset with their pockets bulging.

 

Do you still want a club?

 

Of course mate and i'm with you on not moving to Failsworth. However, if we don't move how is the club to survive?

[steveoafc]

Of course mate and i'm with you on not moving to Failsworth. However, if we don't move how is the club to survive?

Failsworth is the lesser of two evils....it looks like it has to happen to survive, but it's a shame it ever came to this in the first place

[jimsleftfoot]

I am happy to bet a not insignificant sum that they go for option •a decision to withhold authorisation because we lack certain information (but leaving it open to the Council to re-apply if the missing information can be supplied);

Even if they go for A), we now know even the Charity Commisions internal and independent audit is divided, so even if we get the go ahead it will be appealed straight away. He therefore is making sure his bum is covered process and legally wise hence the delay. He's nothing to lose, the onus is all on the council and the club t persevere through the political process.

 

Perhaps they will, but I don't think there is anything in the caseworkers letter that says that they will. Being a former caseworker of sorts for the taxman myself, I don't think the caseworkers letter is clear and based on what we already know, something doesn't read right. I still maintain that all they have said is just explaining procedure and past reasoning why it has got to this point, but I cannot see anything indicative of their decision over whether authority will be given or not over this land disposal or transfer.

 

I note that the 'internal review by the commisioners' was requested by two parties, this does not say that these parties are actually internal and they could represent FRAG or someone else. It could be review rather than the request that is internal. Also the caseworker has said that this review relates to the original decision to register the land as being charitable and not the decision to dispose or transfer the land.

 

The second issue is to do with the disposal/transfer of the land and as I have already said, the inherent conflict of interest is automatically triggered by the council being a trustee and therefore a connected party (as far as I have read it). This is not someone at the Charity Commission saying that the council haven't gone through the process correctly, it is just a legal safeguard.

 

Which gets us to where we are now:

 

The Commission is currently considering the very substantial amount of material submitted by the Council and other parties, in order to form a view on whether to give authorisation.

 

Based on what Diego has said, perhaps it won't be a good decision for Latics, but I don't know to what extent the box have been ticked and perhaps the council belief is that by swapping the land to a plot of higher value, that this will swing it in spite of all the other issues mentioned by Diego.

 

[outoftheblue]

Everyone is agreeing that the statement is 100% fact.

Not until you type the word 'fact' in large bold capitals we aren't.

[steveoafc]

No word on what happened to the latest decision day that just passed again?.......Weather?....Office sickness?....Lost files?....................

[Omar Don't Scare]

No word on what happened to the latest decision day that just passed again?.......Weather?....Office sickness?....Lost files?....................

 

Get Barry Chaytow back, we saw him after the Daggers game on the manchester train, he was looking to redevelop BP & wouldn't of moved.

 

Our drunk attempts at getting him to take the club over went down well, he has good humour.

[Forte_Baby]

No word on what happened to the latest decision day that just passed again?.......Weather?....Office sickness?....Lost files?....................

 

What i was thinking.

[Macca]

Delayed because staff were stuck in Somerset and couldn't get into London. Conference call?

 

Decision either today or tomorrow.

[BP1960]

Delayed because staff were stuck in Somerset and couldn't get into London. Conference call?

 

Decision either today or tomorrow.

 

How many staff have they got, about 2 ?

[GlossopLatic]

How many staff have they got, about 2 ?

 

Clearly not enough to send a fax saying yes or no

[oafcprozac]

Clearly not enough to send a fax saying yes or no

 

 

Could have easily used:-

 

Conference Call

Email

Fax

Yodelling

Carrier Pigeon

Smoke Signal

Pony Express

Messenger Boy

Sign Language

Morse Code

 

I mean FFS how many excuses are these incompetent buffoons gonna come up with? BUT as long as their overpaid snouts are in the trough, bollocks to everything - sooner they are disbanded with the other quangos the better.

 

AND even after all this, we know it's nailed on they will rule Option B, because a paper-clip has been misfiled by some clown at the council.....

[another fan]

Clearly not enough to send a fax saying yes or no

 

 

If they had sent a fax it would have read something like

 

Urm not sure still thinking about it ?

[thelaticsfan]

this is dragging on a bit now, no more excuses please just let us know

[jimsleftfoot]

Could have easily used:-

 

Conference Call

Email

Fax

Yodelling

Carrier Pigeon

Smoke Signal

Pony Express

Messenger Boy

Sign Language

Morse Code

 

I mean FFS how many excuses are these incompetent buffoons gonna come up with? BUT as long as their overpaid snouts are in the trough, bollocks to everything - sooner they are disbanded with the other quangos the better.

 

AND even after all this, we know it's nailed on they will rule Option B, because a paper-clip has been misfiled by some clown at the council.....

 

Unfortunately Prozac, I don’t think they are disappearing as they are only a non-ministerial government department rather than a non-departmental public body.

 

Normal Council Cabinet meeting planned tomorrow night, perhaps the council want to ratify the land swap officially before announcing it???????????????????????????????????????? Trying to keep that glass half full.

Edited December 21, 2010 by jimsleftfoot

[TheBigDog]

Delayed because staff were stuck in Somerset and couldn't get into London. Conference call?

 

Decision either today or tomorrow.

 

On fishul: http://www.oldhamathletic.co.uk/page/NewsU...2244230,00.html

 

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