Section 128B Applications for statutory trust discharge ordersF1

A person making an application must have regard to any guidance issued by the Secretary of State (whether relating to how the application is made or to its form or content).

Qualifying condition B (see section 128D(3)) limits which kind of person is able to make a successful application.

An application may be varied after it has been made (and section 128A, this section, and sections 128D to 128G then apply to the application as varied).

The Secretary of State may require a person making an application to pay a fee before the Secretary of State considers the application (the “application fee”).

The application fee is to be of an amount specified in, or determined in accordance with, regulations made under section 128A(5).

The determination of an application for a statutory trust discharge order which relates to particular land does not prevent a further application from being made subsequently in relation to the same land.

But the Secretary of State may reject a further application if the Secretary of State considers that there has not been a material change in the circumstances relevant to the qualifying conditions.

If a further application is rejected, the Secretary of State must publish notice of the rejection in the manner which the Secretary of State considers appropriate.