Part 2: Charity Land Section 17: Scope of Part 7 of the Charities Act 2011
Part 7 of the CA 2011 imposes restrictions on disposals of charity land to ensure that charities obtain the best terms before disposing of land. The regime can only sensibly operate when the decision to dispose of the land lies with the charity, as opposed to (say) a trustee holding the land on trust for multiple beneficiaries, only one of which is a charity. Section 17 amends section 117 of the CA 2011 to clarify the meaning of land held "by or in trust for a charity". New section 117(1A) confirms that the restrictions on dispositions of land only apply to land where the whole of the land which is being disposed of is held beneficially by a charity solely for its own benefit (if it is a corporate charity) or in trust solely for that charity (if it is an unincorporated charity). "A charity" means a single charity and "land" includes an interest in land. Accordingly, the restrictions will apply:
						where a charity owns land both legally and beneficially;
						where a trustee holds land on bare trust for a single charity;
						where land is left to a charity in a will and the executor has appropriated the land to the charity; or
						where a charity owns land as one of several tenants in common but is disposing of only its share.
	However, the restrictions would not apply:
						where a charity is one of several beneficial joint tenants of land and the entirety of the land is being disposed of by the trustee of the land;
						where a charity is one of several tenants in common of the land and the entirety of the land is being disposed of by the trustee of the land;
						where land which is being disposed of is left to, and has been appropriated or assented to, multiple beneficiaries under a will, one or more of which is a charity; or
						where a trustee holds land on trust for multiple beneficiaries, one or more of which is a charity.