The Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023

• Citation: S.I. 2023/467
• Sections: 6

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023.

(2) These Regulations come into force on the day on which sections 19 and 20 of the Charities Act 2022 come into force.

(3) These Regulations extend to England and Wales.

Section 2 Interpretation

In these Regulations—

“ the 2011 Act ” means the Charities Act 2011;

“ the adviser ” means the person from whom a report is being obtained for the purposes of section 119(1) of the 2011 Act;

“ relevant land ” means the land in respect of which a report is being obtained for the purposes of section 119(1) of the 2011 Act.

Section 3 Designated advisers

(1) An other requirement that may be satisfied for the purposes of section 119(3)(a) of the 2011 Act is that the person is—

(a) a fellow of the Central Association of Agricultural Valuers; or

(b) a member of NAEA Propertymark at fellow grade.

(2) In this regulation—

“ NAEA Propertymark ” means the professional membership scheme for estate agents run by the private company limited by guarantee registered as Propertymark Ltd under company number 00897907.

Section 4 Matters to be dealt with in the designated adviser’s report

(1) A report prepared for the purposes of section 119(1) of the 2011 Act must deal with the following matters—

(a) the value of the relevant land;

(b) any steps which could be taken to enhance that value;

(c) whether and, if so, how the relevant land should be marketed;

(d) anything else which could be done to ensure that the terms on which the disposition is made are the best that can reasonably be obtained for the charity; and

(e) any other matters which the adviser believes should be drawn to the attention of the charity trustees.

(2) The report must also include a statement by the adviser that—

(a) the adviser has ability in, and experience of, the valuation of land of the particular kind, and in the particular area, in question; and

(b) the adviser has no interest which conflicts, or would appear to conflict, with that of the charity.

Section 5 Revocation of the Charities (Qualified Surveyors’ Reports) Regulations 1992

The Charities (Qualified Surveyors’ Reports) Regulations 1992 are revoked.

Section 6 Transitional and saving provision

Regulations 4 and 5 do not have effect where the adviser is instructed by the charity trustees to prepare a report for the purposes of complying with section 119(1) of the 2011 Act before the day these Regulations come into force, but the disposition of the relevant land takes place after these Regulations have come into force.