Paragraph 18

For rule 259 substitute the following rules—

“Registration of companies

259

(1)

Where application is made for registration of a company registered in England and Wales or Scotland under the Companies Acts as proprietor of land or of a charge, the application shall contain or be accompanied by a certificate that it is so registered and shall state the company’s registered number.

(2)

If the company is a registered social landlord within the meaning of the Housing Act 1996, the application shall also contain or be accompanied by a certificate to that effect.

(3)

If the company is an unregistered housing association within the meaning of the Housing Associations Act 1985 and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application shall also contain or be accompanied by a certificate to that effect.

Registration of trustees of charitable, ecclesiastical or public trust

259A

(1)

Where application is made for registration as proprietor of land or of a charge of a corporation or body of trustees holding on charitable, ecclesiastical or public trusts, the application shall be accompanied by a copy of the disposition creating the trust.

(2)

If the land to which the application relates is held on trust for a registered social landlord within the meaning of the Housing Act 1996, the application shall also contain or be accompanied by a certificate to that effect.

(3)

If the land to which the application relates is held on trust for an unregistered housing association within the meaning of the Housing Associations Act 1985 and is grant-aided land as defined in Schedule 1 to that Act, the application shall also contain or be accompanied by a certificate to that effect.

(4)

Paragraph (1) of this rule does not apply in the case of land or a charge held by or in trust for a non-exempt charity.

Registration of trustees incorporated under Part VII of the Charities Act 1993

259B

Where charity trustees have been incorporated under Part VII of the Charities Act 1993 they shall produce to the registrar with any application for registration as proprietor of land or a charge a certified copy of the certificate granted by the Charity Commissioners under section 50 of that Act.

Registration of the official custodian

259C

(1)

Where application is made for registration of the official custodian as proprietor of land there shall be produced to the Registrar:

(a)

a certified copy of an 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.

(2)

Subject to paragraph (3) below, the address of the charity trustees or, where the land is held on behalf of a charity which is a corporation, the address of the charity, shall be given to the Registrar and shall be entered in the register, and thereupon all notices which under these rules are required to be sent to the proprietor shall be sent to the charity trustees or the charity at that address.

(3)

If the land is vested in the official custodian by virtue of an order under section 18 of the Charities Act 1993, his address shall be entered in the register.

Registration of other corporations

259D

(1)

Where application is made for registration as proprietor of land or of a charge of a corporation aggregate to which rules 259 to 259B do not apply, there shall be produced evidence of the extent of its powers to hold and sell, mortgage, lease and otherwise deal with land and, in the case of a charge, to lend money on mortgage.

(2)

The evidence shall consist of a copy of the charter, statute, rules, memorandum and articles of association or other documents constituting the corporation, together with such further evidence, if any, as the Registrar may direct.

(3)

If the corporation is a registered social landlord within the meaning of the Housing Act 1996, the application shall contain or be accompanied by a certificate to that effect.

(4)

If the corporation is an unregistered housing association within the meaning of the Housing Associations Act 1985 and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application shall contain or be accompanied by a certificate to that effect.”