Section 37(1) of the Charities Act 1993 applies to --

(a) any contract for the sale, or for a lease or other disposition, of land which is held by or in trust for a charity, and

(b) any conveyance, transfer, lease or other instrument effecting a disposition of such land

Section 39(1) of that Act applies to any mortgage of land held by or in trust for a charity.

This paragraph of the Act does not apply to land to which the Universities and College Estates Act 1925 applies but applies to all other land held on charitable, ecclesiastical or public trusts. If there is a conveyance of such land and neither Section 37(1) nor 39(1) of the 1993 Act applies to it the conveyance is to state that the land is held on such trusts.

Section 37(2) of the Charities Act 1993 provides that where charity land is sold and it was necessary to obtain the consent of the court or the Commissioners to such sale, the charity trustees shall certify that this has been done. If such consent was not necessary they shall certify that they have power to sell without such consent. Section 39(2 makes corresponding provision in relation to mortgages. Sub-section (3) of each section provides protection for purchasers in whose favour it is to be conclusively presumed that the facts were as stated in the certificate.

Paragraph 4(2)(b) provides that if the requirements of section 37(2) or 39(2) have not been complied with and a purchaser has notice that the land is held on charitable, ecclesiastical or public trusts he must see that the relevant consents or orders have been obtained and so must investigate the title.

Sub-paragraph (3) provides that trustees or the majority of a set of trustees have power to transfer or create any legal estate in the land, they shall do so in the names and on behalf of the persons in whom it is vested. The object of this is cases where the land is vested in, for example, the official custodian for charities. Section 22(2) of the Charities Act 1993 provides that where charity land is vested in him the charity trustees shall have power to deal with land in his neame and on his behalf.