The Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to the reports that charity trustees must obtain in order to meet requirements under section 119 of the Charities Act 2011 (“the 2011 Act”) before they may dispose of land held by or in trust for the charity.

Regulation 3 relates to who may prepare such a report under section 119(3)(a) of the 2011 Act. It allows the person preparing the report to be a fellow of the Central Association of Agricultural Valuers or a member of NAEA Propertymark at fellow grade as an alternative to being a fellow or professional associate of the Royal Institution of Chartered Surveyors.

Regulation 4 relates to what the report must contain and sets out a series of matters that must be covered, as well as requiring the inclusion of a statement by the person preparing the report that they have suitable ability and expertise and no interests that conflict with those of the charity.

Regulation 5 revokes the Charities (Qualified Surveyors' Reports) Regulations 1992 (“the 1992 Regulations”) which set down the previous required content of reports and which are now replaced by these Regulations.

Regulation 6 sets out the transitional arrangements for reports that were commissioned before these Regulations came into force but where the disposition of the land takes place after these Regulations come into force. For those reports, the content requirements under the 1992 Regulations will still apply, rather than new requirements.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.