Paragraph 4

For rules 60, 61 and 62 substitute the following rules—

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

60

(1)

The restriction which the registrar is required by section 37(8) of the Charities Act 1993 to enter in the register where an application for first registration to which that subsection applies is made shall be the appropriate restriction.

(2)

Where application is made under section 4 or 8 of the Act for first registration of land held by or in trust for a non-exempt charity and the conveyance, lease or other instrument under which the applicant or its nominee derives title does not contain the statement prescribed by rule 61, the application shall be accompanied by a certificate that the charity is a non-exempt charity, and the Registrar shall enter the appropriate restriction.

(3)

In this rule “the appropriate restriction” means:

(a)

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

(b)

in the case of land vested in the official custodian under section 18 of the Charities Act 1993, restrictions in Form 12 and Form 12D;

(c)

in any other case, a restriction in Form 12.

Statements to be contained in instruments effecting a disposition in favour of a charity

61

The statement required by section 37(5) of the Charities Act 1993 shall, in a conveyance, lease or other instrument which will on taking effect be one to which section 123(1) of the Act applies, be in one of the following forms:

(a)

“The land conveyed (or as the case may be) will, as a result of this conveyance (or as the case may be) be held by (or in trust for) (charity), an exempt charity.”

(b)

“The land conveyed (or as the case may be) will, as a result of this conveyance (or as the case may be) be held by (or in trust for) (charity), a non-exempt charity, and the restrictions on disposition imposed by section 36 of the Charities Act 1993 will apply to the land (subject to section 36(9) of that Act).”

Statements to be contained in instruments effecting a disposition by a charity

62

The statement required by section 37(1) of the Charities Act 1993 shall, in a conveyance, lease or other instrument which will on taking effect be one to which section 123(1) of the Act applies, be in one of the following forms:

(a)

“The land conveyed (or as the case may be) is held by [(proprietors) in trust for] (charity), an exempt charity.”

(b)

“The land conveyed (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, but this conveyance (or as the case may be) is one falling within paragraph ((a), (b) or (c) as the case may be) of section 36(9) of the Charities Act 1993.”

(c)

“The land conveyed (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, and this conveyance (or as the case may be) is not one falling within paragraph (a), (b) or (c) of section 36(9) of the Charities Act 1993, so the restrictions on disposition imposed by section 36 of that Act apply to the land.””