Q&As

When disposing of a charity’s ‘designated land’ and there is a power of sale within the Charities Scheme, is there a requirement to comply with section 121 of the Charities Act 2011 and give public notice of the disposition inviting representations?

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Produced in partnership with Kirsteen Hook of Trethowans LLP
Published on: 13 September 2022
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Section 121 of the Charities Act 2011 (CA 2011) places a requirement on the trustees of a charity to give notice if they are disposing of designated land unless one of the exemptions applies. Generally speaking, if a charity is disposing of designated land and they are not going to replace it, they will most likely have to advertise the disposition under CA 2011, s 121.

The trustees should first ensure that they have the requisite power to dispose of the designated land and that there are no restrictions within the Scheme from doing so. This Q&A refers to charity’s ‘designated land’ and states that there is a power of sale of this land within the charity’s Scheme, therefore this Q&A is being considered on the basis that the charity does have the power to dispose

Kirsteen Hook
Kirsteen Hook

Partner, Trethowans LLP

Kirsteen is a specialist charities solicitor and Partner at Trethowans with over 10 years’ experience advising charities and not-for-profit organisations on a wide range of matters including governance, risk prevention and management, structures, formation and incorporation, trading, trustee changes and responsibilities, contracts, mergers, collaborations and partnering ventures.
 
She has significant experience dealing with regulators, in particular the Charity Commission, Privy Council Office and the Department for Education, and provides training and writes articles and newsletters for the sector.
  
Kirsteen has been recognised as a 'Rising Star' in the 2020, 2021, 2022 and 2023 Legal 500 for Charities and Not-for-Profit.

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