Requirements for making an application for the Authority’s consent to a Mortgage of Charity property
Under Section 34 of the Charities Act 1961 (as amended by Section 11 and 14 of the Charities Act 1973) and Section 82 of the Charities Act 2009 the Charities Regulator may authorise the sale or disposition of lands held upon charitable trusts where the Trustees do not otherwise have a power in that behalf.
A Mortgage of charity property – Charities Regulator guidelines and the Memo for the Board are set out at Form No. 10 and the Form of Authorisation of Mortgage is set out at Form No. 11
FORM 10 (PDF) - FORM 10 (WORD) - Guidelines for making an application for the Charities Regulator's consent to a Mortgage of Charity property and Memo for the Board which is to be completed by the Applicant or his/her advisor.
FORM 11 (PDF) - FORM 11 (WORD) - Form of Authorisation of Mortgage under Section 34 of the Charities Act 1961 as amended by Section 11 of the Charities Act 1973 to be executed by a minimum of two thirds of the Trustees of the Charity and two original Forms (with relevant attachments) to be submitted with the application.