Statement for disposal of land by a non-exempt charity (section 122(2) and 122(2A) statement)

by Practical Law Property

A standard clause which sets out the required wording for inclusion in a transfer, lease or contract involving the disposition of land held by or in trust for a non-exempt charity. The clause is drafted to satisfy the requirements for a valid disposition under the Charities Act 2011 and to meet the expectations of the Land Registry. This standard clause offers several alternative statements, tailored to different transactional circumstances. Practitioners can select the appropriate clause depending on whether the disposition falls within one of the specific exemptions under section 117(3) of the Charities Act 2011, has been sanctioned by a court order or an order of the Charity Commission, or is otherwise authorised by the charity's trusts where the relevant statutory procedures have been followed.