The Charities Act 2011 (CA 2011) comes into force on 14 March
2012. The Act repeals the Charities Act 1993 (CA 1993) and part of
the 2006 Act. As a result there will be an impact on dispositions
to and by charities and the statements they may be required to give
in transfers and other documents.
Land Registry is not proposing to amend the Land Registration
Rules 2003 (LRR 2003).
As a result of the transitional provisions and savings in
schedule 8 of the CA 2011 Land Registry do not believe that:
- the repeal of sections 37(7) and 39(1) and (1A) of the CA 1993,
under which certain rules in the LRR 2003 were made, affects the
validity of those rules
- the references in the LRR 2003 to provisions in the CA 1993
need to be changed
Paragraph 1 of part 1 of schedule 8 to the CA 2011 provides for
continuity of the law despite the repeals (including that of the CA
1993), which will be made by CA 2011. In addition paragraph 3(1) of
schedule 8, provides:
'A reference, express or implied, in any enactment, instrument
or document to a provision repealed by this Act is, subject to its
context, to be read as being or including a reference to the
corresponding provision of this Act, in relation to times,
circumstances or purposes in relation to which that provision has
effect'.
The practical difference will be that the statements prescribed
by LRR 2003 to be contained in dispositions in favour of a charity
(rule 179) and by a charity (rule 180) refer (other than in the
case of an exempt charity) to sections in the CA 1993 could refer
to the corresponding provision in CA 2011.
The standard forms of restriction prescribed in schedule 4 to
the LRR 2003 (forms E and F) also refer to sections of the CA 1993
that have corresponding provisions in the CA 2011.
As Land Registry is not proposing to amend the LRR 2003, those
completing transfers etc on or after commencement of the 2011 Act
can continue to refer to the existing provisions in CA 1993.
However, Land Registry says it will be encouraging customers to
refer to the corresponding provisions in the CA 2011, rather than
those in the CA 1993, when using the prescribed statements. It
considers that such practice is permissible on the basis of
paragraph 2 of part 1 of schedule 8. Land Registry say that it is
their intention from 14 March 2012 that standard forms of
restriction forms E and F will contain the corresponding provisions
in the CA 2011 when being entered in the register.
When general amendments are next put forward for the LRR 2003 it
will propose that the references are changed to the relevant
provisions in the CA 2011. Land Registry is updating its practice
guide 14 on charities and advise that this will be republished
shortly.