180.—(1) The statement required by section 37(1) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms—
(a)“The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), an exempt charity.”
(b)“The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, but this transfer (or as the case may be) is one falling within [F1paragraph (a), (aa), (b) or (c)] as the case may be) of section 36(9) of the Charities Act 1993.”
(c)“The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, and this transfer (or as the case may be) is not one falling within [F2paragraph (a), (aa), (b) or (c)] of section 36(9) of the Charities Act 1993, so that the restrictions on disposition imposed by section 36 of that Act apply to the land.”.
(2) The statement required by section 39(1) of the Charities Act 1993 must, in a mortgage which is a registrable disposition or to which section 4(1)(g) of the Act applies, be in one of the following forms—
(a)“The land charged is held by (or in trust for) (charity), an exempt charity.”
(b)“The land charged is held by (or in trust for) (charity), a non-exempt charity, but this charge (or mortgage) is one falling within section 38(5) of the Charities Act 1993.”
(c)“The land charged is held by (or in trust for) (charity), a non-exempt charity, and this charge (or mortgage) is not one falling within section 38(5) of the Charities Act 1993, so that the restrictions imposed by section 38 of that Act apply.”.
(3) The statement required by section 39(1A)(b) of the Charities Act 1993 must be in the following form—
“The restrictions on disposition imposed by section 36 of the Charities Act 1993 also apply to the land (subject to section 36(9) of that Act).”.
Textual Amendments
F1Words in rule 180(1)(b) substituted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), art. 1, Sch. 1 para. 9(2) (with Sch. 2)
F2Words in rule 180(1)(c) substituted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), art. 1, Sch. 1 para. 9(2) (with Sch. 2)