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Charities Act (Northern Ireland) 2008

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This is the original version (as it was originally enacted).

Supplementary provisions relating to dispositions

This section has no associated Explanatory Notes

58.—(1) Any of the following instruments, namely—

(a)any contract for the sale, or for a lease or other disposition, of land which is held by or in trust for a charity, and

(b)any conveyance, transfer, lease or other instrument effecting a disposition of such land,

shall state—

(i)that the land is held by or in trust for a charity,

(ii)whether the disposition is one falling within paragraph (a), (b) or (c) of subsection (10) of section 57, and

(iii)if the disposition is not one falling within any of those paragraphs, that the land is land to which the restrictions on disposition imposed by that section apply.

(2) Where any land held by or in trust for a charity is disposed of by a disposition to which subsection (1) or (2) of section 57 applies, the charity trustees shall certify in the instrument by which the disposition is effected—

(a)(where subsection (1) of that section applies) that the disposition has been sanctioned by an order of the Court or of the Commission (as the case may be), or

(b)(where subsection (2) of that section applies) that the charity trustees have power under the trusts of the charity to effect the disposition, and that they have complied with the provisions of that section so far as applicable to it.

(3) Where subsection (2) has been complied with in relation to any disposition of land, then in favour of a person who (whether under the disposition or afterwards) acquires an estate in the land for money or money’s worth, it shall be conclusively presumed that the facts were as stated in the certificate.

(4) Where—

(a)any land held by or in trust for a charity is disposed of by a disposition to which subsection (1) or (2) of section 57 applies, but

(b)subsection (2) has not been complied with in relation to the disposition,

then in favour of a person who (whether under the disposition or afterwards) in good faith acquires an estate in the land for money or money’s worth, the disposition shall be valid whether or not—

(i)the disposition has been sanctioned by an order of the Court or of the Commission, or

(ii)the charity trustees have power under the trusts of the charity to effect the disposition and have complied with the provisions of that section so far as applicable to it.

(5) Any of the following instruments, namely—

(a)any contract for the sale, or for a lease or other disposition, of land which will, as a result of the disposition, be held by or in trust for a charity, and

(b)any conveyance, transfer, lease or other instrument effecting a disposition of such land,

shall state—

(i)that the land will, as a result of the disposition, be held by or in trust for a charity, and

(ii)that the restrictions on disposition imposed by section 57 will apply to the land (subject to subsection (10) of that section).

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