Part 7Charity land

Restrictions on dispositions of land in England and Wales

119Requirements for dispositions other than certain leases

1

The requirements mentioned in section 117(2)(b) are that the charity trustees must, before entering into an agreement for the sale, or (as the case may be) for a lease or other disposition, of the land—

a

obtain and consider a written report on the proposed disposition from a F4designated adviser instructed by the trustees and acting exclusively for the charity,

F5b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

c

decide that they are satisfied, having considered the F6adviser’s report, that the terms on which the disposition is proposed to be made are the best that can reasonably be obtained for the charity.

2

Subsection (1) does not apply where the proposed disposition is the granting of such a lease as is mentioned in section 120(1).

3

For the purposes of subsection (1) a F7designated adviser is a person who—

a

is a fellow or professional associate of the Royal Institution of Chartered Surveyors or satisfies such other requirement or requirements as may be prescribed by regulations made by the Minister, and

b

is reasonably believed by the charity trustees to have ability in, and experience of, the valuation of land of the particular kind, and in the particular area, in question.

4

Any report prepared for the purposes of subsection (1) must F2... deal with such matters F3... as may be prescribed by regulations made by the F1Secretary of State.