# The Land Registration (Charities) Rules 1992, Note: Explanatory note


(This note does not form part of the Rules)
These Rules give effect, by substituting new rules 60, 61, 62, 122, 123, 124 and 128 for those rules in the Land Registration Rules 1925, to the provisions of the Charities Act 1992, so far as that Act affects registration of title to land held by or in trust for charities. The new rules also include provisions consequential on those parts of the Charities Act 1960 which affect dealings in land and which are not repealed or replaced by the Charities Act 1992.
The Rules set out the evidence that must be supplied when application is made to register a disposition either by or in favour of a charity. Separate provision is made in each case for applications for first registration and for applications to register dealings with registered land. The Rules also prescribe the statements required by sections 33(1), 33(5) and 35(1) of the Charities Act 1992 to be included in conveyances, leases, charges, transfers or other instruments together with certain additional statements where the charity is a body corporate under the Charitable Trustees Incorporation Act 1872 or is a charity to which the Universities and College Estates Acts 1925 and 1964 apply. The Rules prescribe the duty of charities to apply for appropriate restrictions to be entered on the register where the land becomes held in trust for a charity and there is no change in ownership, where the land is vested in a charity otherwise than on a disposition or where a change in the status of the charity occurs.
Where charity trustees, a charity which is a body corporate, the official custodian for charities or any other trustees for a charity are registered as proprietors the Chief Land Registrar must enter the appropriate restriction set out in the Schedule to the Rules. The existing form 12 restriction for charities which are not exempt charities within the meaning of the Charities Act 1960 is replaced by a new form 12 and further restrictions are prescribed: Form 12A for exempt charities not subject to the provisions of the Universities and College Estates Acts; Form 12B for those that are so subject; Form 12C for a rentcharge title owned by a charity and Form 12D in cases where the Charity Commissioners have taken action under section 20 of the Charities Act 1960 (power to act for protection of charities) and have made application for the restriction against any title owned by that charity.
Rules 129, 130, 132 and 260 of the Land Registration Rules 1925 are revoked. Form 36 (Transfer of land for Charitable Uses) in the Schedule is also revoked. Transfers and other instruments relating to registered land where one of the parties is a charity may now be in any of the appropriate prescribed forms under the 1925 Rules.

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Source: https://www.legislation.gov.uk/uksi/1992/3005/note (the official version)
Page: https://openlegislation.uk/land-registration-charities-rules-1992/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.