Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors for Charities
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY
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Solicitors for Charities
Glebe Property:
Glebe Property is vested in the diocesan board of finance of the diocese in question. In dealing with glebe Property (but not in other capacities) the diocesan board of finance is not a charity to which the Charities Act 1993 applies. Therefore, the restriction on dispositions and mortgaging contained in sections 36 to 39 Charities Act 1993 do not apply to such Property.
Property vested in a diocesan board of finance (other than glebe Property):
A diocesan board of finance is a limited company empowered to hold real and personal Property for the purposes connected with the Church of England. Apart from glebe Property sections 36 to 39 Charities Act 1993 normally apply to all Property vested in a diocesan board of finance. Consequently, the appropriate statement should be included by Property Lawyers and Conveyancing Solicitors in any disposition in favour of a diocesan board of finance. When such a statement is included a restriction in Form E will normally be entered in the Property Title Deeds when a diocesan board of finance is registered as proprietor.
A diocesan board of finance may hold Property in a number of capacities including:
- its own corporate Property held in accordance with its memorandum and articles of association
- Property held as trustee for all purposes on specific charitable trusts
- Property held as custodian trustee under the terms of a particular trust deed or Charity Commission scheme
- Property held as custodian trustee under section 6 Parochial Church Councils (Powers) Measure 1956
- Property held under the Incumbents and Churchwardens (Trusts) Measure 1964
- Property vested for disposition under schemes made under the Pastoral Measure 1983 or earlier legislation. In general, any disposition is likely to fall within section 36(9)(a) Charities Act 1993
Where appropriate, an additional restriction to reflect the terms under which the Property is held should be applied for by Property Lawyers and Conveyancing Solicitors using form RX1.
On a disposition of registered Property by a diocesan board of finance, the appropriate statement and, if necessary, a certificate should be included by Property Lawyers and Conveyancing Solicitors in the deed. The 'charity trustees', defined in section 97(1) Charities Act 1993 as the persons having the general control and management of the administration of the charity, may be the members of the diocesan board of finance, or they may be other persons. In either case, the charity trustees should join in any disposition to give the appropriate certificate. Two or more of the trustees may generally be authorised to execute on their behalf.
The Central Board of Finance of the Church of England:
This is a private company limited by guarantee and a non-exempt charity.
It is not a diocesan board of finance but it is empowered to hold Property for purposes connected with the Church of England.
As a non-exempt charity the appropriate statement, and where necessary the appropriate certificate, should be included by Property Lawyers and Conveyancing Solicitors in any disposition. A restriction in form E will be entered by Land Registry with the company is registered as proprietor of Property.
Property vested in the Church of England Pensions Board:
The board is a charity and section 36 to 39 Charities Act 1993 apply to Property vested in it. Consequently, the appropriate statement, and where necessary the appropriate certificate, should be included in any disposition. A restriction in form E will be entered by Land Registry when the board is registered as proprietor of the Property.
Property held by the Church Commissioners:
The Church Commissioners and any institution that is administered by it are exempt charities. Consequently, the restrictions on disposition and on mortgaging contained in section 36 and 38 of the Charities Act 1993 do not apply. The appropriate statement should be included by Property Lawyers and Conveyancing Solicitors in any disposition, whether in favour of or by the Church Commissioners or any institution administered by it.
When registered Property is transferred to or vested in the Church Commissioners and an application is made under rule 175 Land Registration Rules 2003 to register it as proprietor, a relevant certificate in form 5 should be provided by Property Lawyers and Conveyancing Solicitors together with a sealed copy of the scheme of the Church Commissioners, a copy of the London Gazette publishing the instrument, or the transfer.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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If you require any further information please telephone 0161 866 8999 and we will be happy to help.
Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester City Centre Serviced Office - Conference rooms are also available by prior appointment at:
Ford Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
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