The Site

Part of the Nottingham Road site is currently held by Amber Valley Borough Council as "Custodian Trustee" on trust for the Charity known as "Ripley Miners' Welfare Institute and Recreation Ground" (see the area edged red on the Plan).

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The background to the Charity's ownership is that in 1939 the Butterley Company Limited transferred the land (about 3 ½ acres) to a Miner's Welfare Committee on trust for use as a recreation ground.

In 1977 the Trust became a charity and the Charity Commission made what is called a "Scheme" under which Amber Valley District Council (as it was then) was appointed Custodian Trustee. This means that the title deeds were in the name of Amber Valley District Council but they held the land on trust for the Charity that was then created in 1977 [see the Scheme Document].

Paragraph 5 of the Scheme states that the object of the Charity is the "provision and maintenance of a recreation ground for the benefit of the inhabitants of Ripley and its neighbourhood with the object of improving the conditions of life for the said inhabitants". Paragraph 6 requires that the land is used for that object.

Paragraph 8 of the Scheme states that "if the land or any part thereof shall no longer be required for use in furthering the object, the Managing Trustees may sell the same or any part subject to the authority of any further order of the Charity Commissioners".

Paragraph 9 then goes on to state that "the Managing Trustees shall pay over the proceeds of any such sale to the Council of the Coal Industry Social Welfare Organisation or its nominees for application for charitable purposes within the objects of that organisation".

The Charity Commission "Scheme" provides for "Managing Trustees" to be appointed who are "the Members for the time being of the Recreation and Amenities Committee of Amber Valley [Borough] Council acting in accordance with their usual procedure".

The Recreation and Amenities Committee met on 25 July 2011, and the papers for that meeting, and for future meetings, can be viewed at www.ambervalley.gov.uk.