PART 14E+WMISCELLANEOUS AND SPECIAL CASES

CharitiesE+W

Non-exempt charities—restrictionsE+W

176.—(1) The restriction which the registrar is required by section 37(8) or section 39(1B) of the Charities Act 1993 M1 to enter in the register where one of those subsections applies must be the appropriate restriction.

(2) Any of the following applications must, if they relate to a registered or unregistered estate held by or in trust for a non-exempt charity, be accompanied by an application for entry of the appropriate restriction unless, in the case of a registered estate, that restriction is already in the register—

(a)an application for first registration of an unregistered estate unless the disposition which triggers the requirement of registration is effected by an instrument containing the statement set out in rule 179(b) or rule 180(2)(b) or (c),

(b)an application to register a transfer of a registered estate unless the disposition is effected by an instrument containing the statement set out in rule 179(b),

(c)an application under rule 161 to register the vesting of a registered estate in a person other than the proprietor of that estate.

(3) Where a registered estate is held by or in trust for a corporation and the corporation becomes a non-exempt charity, the charity trustees must apply for entry of the appropriate restriction.

(4) In this rule “the appropriate restriction” means a restriction in Form E.

Marginal Citations