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
. . . continued from page 12
Solicitors for Charities
Earlier forms of Property register entries:
Restrictions for Non-Exempt Charities:
Before the commencement of the Land Registration Act 2002 when registering a non-exempt charity as proprietor one of one of two alternative restrictions relating to the Charities Act 1993 would have been entered in the Property register. The restrictions used were either form 12 if the Property Title was not a rentcharge or form 12C if the Property Title was a rentcharge. These are worded as follows:
- Form 12
'Except under an order of the registrar no disposition or dealing by the proprietor of the Property is to be registered unless the instrument giving effect to it contains a certificate complying with section 37(2) or, in the case of a charge, with section 39(2) of the Charities Act 1993'
- Form 12C
'Except under an order of the registrar no disposition or dealing by the proprietor of the rentcharge is to be registered unless (a) the instrument giving effect to it contains a certificate complying with section 37(2) or, in the case of a charge, with section 39(2) of the Charities Act 1993; or (b) the instrument is a transfer by way of release of a rentcharge under the provisions of section 40 of the Charities Act 1993; or (c) it is a redemption of a rentcharge under sections 8 to 10 of the Rentcharges Act 1977'
Any disposition by a non-exempt charity where one of these restrictions is in the register should be treated by Property Lawyers and Conveyancing Solicitors as if the restriction was in the new form E. If the correct procedures are followed then the requirements of the restriction will be met.
The Charities Act 1993 commenced on 1 August 1993, so restrictions entered in the Property register before this date but after 1 January 1993 will refer to the relevant sections of the Charities Act 1992 Act, which came into effect on 1 January 1993 but was consolidated into the Charities Act 1993.
Other restrictions:
Where non-exempt charities have been registered prior to 1 January 1993, there are a number of different restrictions that may have been entered on the Property register. The most common of these was entered if no excepting order or regulations applied. This was worded as follows:
'No disposition or other dealing by the proprietor of the Property is to be registered without the consent of the Charity Commissioners or an order of the registrar'
Other restrictions relate to bodies or properties that have been excepted by order or regulation from the need for the consent of the Charity Commissioners in specified circumstances. They include:
-those that permit registration of transactions completed before a certain date (eg. 31 December 2000)
- those that permit dispositions of Property that have not been occupied for the purposes of the charity
- those that permit dispositions of Property owned by various religious denominations or religious premises in general
- those that prevent the registration of any disposition that is not authorised by section 29 Settled Land Act 1925 or the trusts of the charity.
All these restrictions will now be treated by Property Lawyers and Conveyancing Solicitors as if they were in the new form E and any deed giving effect to any disposition of the Property must contain an appropriate statement and a certificate if necessary.
The Official Custodian:
There may be instances where the Official Custodian is registered as proprietor and the following restriction is encountered by Property Lawyers and Conveyancing Solicitors:
'Except under an order of the registrar no disposition or dealing with the Property is to be registered or noted without the consent of the Charity Commissioners as required under the provisions of section [12(2A) of the Charities Act 1960][section 22(3) of the Charities Act 1993]'
This restriction will now be treated by Property Lawyers and Conveyancing Solicitors as if it were a restriction in form F.
(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
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