{
  "url": "https://openlegislation.uk/open-spaces-act-1906/section-4",
  "json_url": "https://openlegislation.uk/open-spaces-act-1906/section-4.json",
  "legislation": "ukpga/Edw7/6/25",
  "legislation_title": "Open Spaces Act 1906",
  "legislation_url": "https://openlegislation.uk/open-spaces-act-1906",
  "path": "section/4",
  "kind": "section",
  "number": "4",
  "heading": "Transfer by charity trustees of open space to local authority.",
  "text": "(1) Where an open space is vested in trustees, other than such as are mentioned in the foregoing provisions of this Act, for any charitable purpose and as part of their trust estate, and it appears to the majority of the trustees that the open space is no longer required for the purposes of their trust, or may with advantage to the trust be dealt with under this section, the trustees may, in pursuance of a special resolution, and in accordance with subsection (1A), convey or demise the open space to any local authority on such terms as they may agree, and the local authority shall thenceforth be entitled to hold the same as an open space on the terms and under the conditions specified in the conveyance or demise, or on such terms or under such conditions as may be so authorised or approved, or as the court may from time to time order, as the case may be.\n(1A) The trustees act in accordance with this subsection if they convey or demise the open space as mentioned in subsection (1)—\n(a) with the sanction of an order of the Charity Commission or with that of an order of the court to be obtained as provided in the following provisions of this section, or\n(b) in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable.\n(2) The court for the purposes of this section shall in England and Wales be either the High Court or the county court and, in Northern Ireland, shall be either the High Court or the county court of the district in which the whole or any part of the open space is situate.\n(3) An order of the court for the purposes of this section may be made upon application by the trustees, in manner directed by rules of court, and the court, before making any order, may direct such inquiries to be made, such consents to be obtained, and notice to be given to such persons, as to the court seem expedient, and may make such order thereon as in the discretion of the court appears proper.\n( 4 ) Section 89 of the Charities Act 1993 (provisions as to orders under that Act) shall apply to any order of the Charity Commission under this section as it applies to orders made by it under that Act.\nSection 337 of the Charities Act 2011 (provisions as to orders under that Act) applies to any order of the Charity Commission under this section as it applies to orders made by it under that Act.",
  "extent": "E+W+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 4(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 13(2); S.I. 2007/309, art. 2, Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 4(1A) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 13(3); S.I. 2007/309, art. 2, Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 4(1A)(b) substituted (E.W.) (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 8(1) (with s. 20(2), Sch. 8)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 4(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 115; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 4(2) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 39, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "S. 4(4) added (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 2"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "S. 4(4) substituted (E.W.) (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 8(2) (with s. 20(2), Sch. 8)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 4(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 13(4)(a); S.I. 2007/309, art. 2, Sch."
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Word in s. 4(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 13(4)(b); S.I. 2007/309, art. 2, Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Edw7/6/25/section/4",
    "retrieved_at": "2026-10-29T12:23:00.348548+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}