Article 3 New rule 60

The following rule shall be substituted for rule 60:

“Applications for first registration of land held by or in trust for a charity

60

(1)

Any application under sections 4 and 8 of the Act for first registration of land held by or in trust for a charity shall be made by the charity trustees or, where the charity is a company or other body corporate, by that company or other body corporate.

(2)

Paragraph (1) above applies to an application for the registration as proprietor of:

(a)

the charity trustees;

(b)

the charity;

(c)

the official custodian;

(d)

any other trustee for the charity.

(3)

Where the person to be registered as proprietor is the official custodian, there shall be produced to the registrar:—

(a)

a certified copy of the order of the court made under section 21(1) of the Charities Act 1993; or

(b)

a certified copy of an order of the Charity Commissioners made under sections 16 or 18 of the Charities Act 1993; or

(c)

a statement by the solicitor to the charity as to the statute which vested the land in the official custodian;

and in every case the address of the charity trustees shall be given to the registrar and, if so desired, the address of the official custodian, for the purposes of rule 315 (addresses for service of notices).

(4)

Where the charity trustees have been incorporated under Part VII of the Charities Act 1993 the trustees shall produce to the registrar with the application a certified copy of the certificate granted by the Charity Commissioners under section 50 of that Act.

(5)

Where the charity is subject to the provisions of the Universities and College Estates Acts 1925 and 1964^f1 the application shall be accompanied by a certificate to that effect.

(6)

Where the charity trustees, the charity, the official custodian or other trustees for the charity are registered as proprietor the registrar shall enter the appropriate restriction in the register.

(7)

In this rule the appropriate restriction means:—

(a)

in the case of a charity which is not an exempt charity, a restriction in form 12;

(b)

in the case of an exempt charity which is not subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12A;

(c)

in the case of an exempt charity which is subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12B;

(d)

where the title concerned is a rentcharge, a restriction in form 12C;

(e)

in the case of land vested in the official custodian under section 18 of the Charities Act 1993, a restriction in form 12D.”

Forms 12, 12C and 12D in the Schedule to these rules shall be substituted for Forms 12, 12C and 12D in the Schedule to the principal rules.