OpenLegislation

Article 9 New rule 128

Original text. Later amendments are not shown.

The following rule shall be substituted for rule 128:

“Dispositions and other dealings by a charity

128
(1)

A disposition or dealing by a charity shall comply with the requirements of this rule.

(2)

The statement required by section 33(1) of the Charities Act 1992 to be inserted into any instrument effecting a disposition of registered land held by or in trust for a charity (other than a charge of registered land) shall be in the following form:

  • “The land transferred [or as the case may be] is held by or in trust for a charity by the proprietor and

  • the charity is an exempt charity

  • or

  • the charity is not an exempt charity and the transfer [or as the case may be] is one falling within paragraph [(a), (b) or (c) as the case may be] of subsection (9) of section 32 of the Charities Act 1992

  • or

  • the charity is not an exempt charity and the restrictions on disposition imposed by section 32 of the Charities Act 1992 apply to the land (subject to subsection (9) of that section).”

(3)

The statement required by section 35(1) of the Charities Act 1992 to be inserted into any charge of registered land held by or in trust for a charity shall be in the following form:

  • “The land charged is held by or in trust for a charity by the proprietor and

  • the charity is an exempt charity

  • or

  • the charity is not an exempt charity and the charge is one falling within subsection (5) of section 34 of the Charities Act 1992

  • or

  • the charity is not an exempt charity and the charge is one to which the restrictions imposed by section 34 of the Charities Act 1992 apply”.”