Paragraph 8

For rules 122 to 124 substitute the following rules—

“Dispositions in favour of a charity

122

(1)

The statement required by section 37(5) of the Charities Act 1993 shall, in an instrument effecting a registrable disposition, be in one of the following forms:

(a)

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

(b)

“The land transferred (or as the case may be) will, as a result of this transfer (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).”

(2)

Where charity trustees have been incorporated under Part VII of the Charities Act 1993 they shall be described in an instrument effecting a registrable disposition in their favour as “a body corporate under Part VII of the Charities Act 1993”.

Applications for the registration of dispositions of registered land to be held by or in trust for a non-exempt charity

123

(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 is made for registration of a disposition of registered land to which that subsection applies shall be the appropriate restriction.

(2)

In this rule “the appropriate restriction” has the same meaning as in rule 60.

Entry of restrictions in certain cases

124

(1)

Where registered land is held by or in trust for a corporation and the corporation becomes a non-exempt charity, the charity trustees shall apply for the appropriate restriction.

(2)

Where application is made for the registration of a transfer of land held by or in trust for a non-exempt charity and rule 122 does not apply to the transfer, the application shall be accompanied by an application for the appropriate restriction, unless it is already registered.

(3)

Where application is made to the Registrar to give effect on the register to a vesting order or vesting declaration on the appointment or discharge of trustees of land held on trust for a non-exempt charity, the application shall be accompanied by an application for the appropriate restriction, unless it is already registered.

(4)

Where application is made under rule 131 for the registration of a person who is or holds on trust for a non-exempt charity as proprietor of registered land, the application shall be accompanied by an application for the appropriate restriction, unless it is already registered.

(5)

In this rule “the appropriate restriction” has the same meaning as in rule 60.”