Part 7Charity land

Restrictions on dispositions of land in England and Wales

118Meaning of “connected person” in s.117(2)

1

In section 117(2) “connected person”, in relation to a charity, means any person who falls within subsection (2)—

a

at the time of the disposition in question, or

b

at the time of any contract for the disposition in question.

2

F2Subject to subsection (2A), the persons are—

a

a charity trustee or trustee for the charity,

b

a person who is the donor of any land to the charity (whether the gift was made on or after the establishment of the charity),

c

a child, parent, grandchild, grandparent, brother or sister of any such trustee or donor,

d

an officer, agent or employee of the charity,

e

the spouse or civil partner of any person falling within any of paragraphs (a) to (d),

f

a person carrying on business in partnership with any person falling within any of paragraphs (a) to (e),

g

an institution which is controlled—

i

by any person falling within any of paragraphs (a) to (f), or

ii

by two or more such persons taken together, or

h

a body corporate in which—

i

any connected person falling within any of paragraphs (a) to (g) has a substantial interest, or

ii

two or more such persons, taken together, have a substantial interest.

F12A

A person who is an employee of the charity does not fall within subsection (2)(d) if the disposition in question is the grant of a tenancy—

a

for a fixed term of one year or less or which is a periodic tenancy and the period is one year or less, and

b

which confers the right to occupy a dwelling as a home.

3

Sections 350 to 352 (meaning of child, spouse and civil partner, controlled institution and substantial interest) apply for the purposes of subsection (2).