Charities Act 2011 (c. 25)

Part 6 E+W+N.I. Cy-près powers and assistance and supervision of charities by court and Commission

Official custodian and Reverter of Sites Act 1987 E+W

92 Divestment of official custodian where 1987 Act due to operate E+W

(1) Subsection (2) applies where—

(a) any land is vested in the official custodian in trust for a charity, and

(b) it appears to the Commission that section 1 of the 1987 Act (right of reverter replaced by trust) will, or is likely to, operate in relation to the land at a particular time or in particular circumstances.

(2) The jurisdiction which, under section 69, is exercisable by the Commission for the purpose of discharging a trustee for a charity may, at any time before section 1 of the 1987 Act operates in relation to the land, be exercised by the Commission of its own motion for the purpose of—

(a) making an order discharging the official custodian from the trusteeship of the land, and

(b) making such vesting orders and giving such directions as appear to the Commission to be necessary or expedient in consequence.

(3) In this section and sections 93 to 95—

(a) “the 1987 Act” means the Reverter of Sites Act 1987, and

(b) any reference to section 1 of the 1987 Act operating in relation to any land is a reference to a trust arising in relation to the land under that section.