PART 14

MISCELLANEOUS AND SPECIAL CASES

Charities

Statements to be contained in dispositions by a charity
180
1
The statement required by section 122(2) of the Charities Act 2011 must, in an instrument to which section 123(1) 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 paragraph (a), (aa), (c) or (d) as the case may be) of section 117(3) of the Charities Act 2011.”
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 paragraph (a), (aa), (c) or (d) of section 117(3) of the Charities Act 2011, but the disposition has been sanctioned by an order of the court or of the Charity Commission.”.
d
“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 paragraph (a), (aa), (c) or (d) of section 117(3) of the Charities Act 2011, but there is power under the trusts of the charity to effect the disposition and sections 117 to 121 of that Act have been complied with.”.
2
The statement required by section 125(1) of the Charities Act 2011 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 124(9) of the Charities Act 2011.”
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 124(9) of the Charities Act 2011, but the charge (or mortgage) has been sanctioned by an order of the court or of the Charity Commission.”.
d
“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 124(9) of the Charities Act 2011, but there is power under the trusts of the charity to grant the charge (
or
mortgage) and the requirements of section 124(2) of that Act have been complied with.”.
3
The statement required by section 126(2)(b) of the Charities Act 2011 must be in the following form—
“The restrictions on disposition imposed by sections 117 to 121 of the Charities Act 2011 also apply to the land (subject to section 117(3) of that Act).”.
Words 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)
Words 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)
Words in rule 180(1)(b) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(c) (with reg. 10, Sch. 3 paras. 2-4)
Words in rule 180(1)(c) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(d) (with reg. 10, Sch. 3 paras. 2-4)
Rule 180(1)(d) inserted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(e) (with reg. 10, Sch. 3 paras. 2-4)
Words in rule 180(1) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(a) (with reg. 10, Sch. 3 paras. 2-4)
Words in rule 180(1) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(b) (with reg. 10, Sch. 3 paras. 2-4)
Rule 180(3) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 8 (with reg. 10, Sch. 3 paras. 2-4)
Words in rule 180(2) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(a) (with reg. 10, Sch. 3 paras. 2-4)
Rule 180(2)(d) inserted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(d) (with reg. 10, Sch. 3 paras. 2-4)
Words in rule 180(2)(b) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(b) (with reg. 10, Sch. 3 paras. 2-4)
Words in rule 180(2)(c) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(c) (with reg. 10, Sch. 3 paras. 2-4)