The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024

7.  In rule 180(2)—

(a)in the words before paragraph (a) for “section 39(1) of the Charities Act 1993” substitute “section 125(1) of the Charities Act 2011”;

(b)in paragraph (b) for “section 38(5) of the Charities Act 1993” substitute “section 124(9) of the Charities Act 2011”;

(c)in paragraph (c) from “section 38(5)” to the end substitute “section 124(9) of the Charities Act 2011, but the charge (or mortgage) has been sanctioned by an order of the court or of the Charity Commission.””;

(d)after paragraph (c) insert—

(d)“The land charged is held by (or in trust for) (charity), a non-exempt charity, and this charge (or mortgage) is not one falling within section 124(9) of the Charities Act 2011, but there is power under the trusts of the charity to grant the charge (or mortgage) and the requirements of section 124(2) of that Act have been complied with.”..