Charities Act, 1961

Power of Board or trustees of charity to purchase sites for buildings from owners under disability according to Lands Clauses Consolidation Act, 1845 .

39.—(1) Where—

(a) any land is required for the erection or construction of any house or building, with or without garden, playground, or other appurtenances for the purpose of any charity, and

(b) the Board or the trustees of the charity are authorised to purchase the land, but by reason of the disability of any person having an estate or interest therein or of any defect of title, a valid and perfect assurance of that land cannot be made to the Board or the trustees in the ordinary manner,

the Board or the trustees (with the consent of the Board, certified under the hand of the Secretary), as the case may be, may take and purchase the land according to the provisions of the Lands Clauses Consolidation Act, 1845 .

(2) For the purposes of subsection (1), the following clauses of the Lands Clauses Consolidation Act, 1845 , namely—

(a) the clauses with respect to the purchase of lands by agreement,

(b) the clauses with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating, or not making title,

(c) the clauses with respect to conveyances of land,

shall be incorporated in this Act subject to the following modifications—

(i) “the special Act” shall mean this Act,

(ii) “the promoters of the undertaking” shall mean the Board or the trustees of the charity in question (as the case may be).