Property Lawyers and Conveyancing Solicitors in Manchester 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
Educational Property:
Various bodies of the Church of England hold Property on educational trusts. In general, the restrictions on disposition and mortgaging contained in section 36 and 39 Charities Act 1993 apply to such Property. Consequently, a restriction in form E will be entered by Land Registry on the registration of Property held on such trusts, and the appropriate statement and, where necessary, the appropriate certificate should be included by Property Lawyer and Conveyancing Solicitors in any disposition.
School sites held by incumbents and churchwardens:
by virtue of section 7 School Sites Act 1841 and section 4 School Sites Act 1844, grants of Property and buildings or any interest therein for the purposes of the education of poor persons could be made to the incumbent and churchwardens of the parish to be held by them and their successors in office. Where Property is so held, it is automatically vested in the incumbent and churchwardens for the time being and is subject to the provisions of section 36 and 39 Charities Act 1993. The incumbent and churchwardens will be registered without reference to the individual names of the persons holding these offices at the date of registration. Any disposition of Property, by Property Lawyers and Conveyancing Solicitors, so held should contain a statement to the effect that the incumbent and churchwardens therein mentioned are the current holders of these offices.
Redundant church school sites:
The Secretary of State for Children, Schools and Families is empowered to make schemes in respect of redundant church sites. The schemes will usually appoint the diocesan board of finance or the diocesan board of education (if it is a body corporate) as trustee for all purposes and will vest the Property in the board. Such Property is subject to the provisions of section 36 to 39 of the Charities Act 1993. The required statement in dispositions by Property Lawyers and Conveyancing Solicitors for the board should refer to section 36(9)(a) of the Charities Act 1993. Most schemes made under the Educational Act 1944 and some of the earlier orders under the Educational Act 1973 stipulated that the power of sale was to be subject to the approval of the Secretary of State or of the Charity Commissioners, but this requirement was expressly removed by section 36(2) Charities Act 1992.
(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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