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Reverter of Sites Act 1987

Consolidated Text As Enacted Cited authorities 19 Cited in Amendments 52 Related
Vincent
JurisdictionUK Non-devolved
Citation1987 c. 15
(1) Where any relevant enactment provides for land to revert to the ownership of any person at any time, being a time when the land ceases, or has ceased for a specified period, to be used for particular purposes, that enactment shall have effect, and (subject to subsection (4) below) shall be deemed always to have had effect, as if it provided (instead of for the reverter) for the land to be vested after that time, on the trust arising under this section, in the persons in whom it was vested immediately before that time.(2) Subject to the following provisions of this Act, the trust arising under this section in relation to any land is a trust F2for the persons who (but for this Act) would from time to time be entitled to the ownership of the land by virtue of its reverter with a power, without consulting them, to sell the land and to stand possessed of the net proceeds of sale (after payment of costs and expenses) and of the net rents and profits until sale (after payment of rates, taxes, costs of insurance, repairs and other outgoings) F3in trust for those persons; but they shall not be entitled by reason of their interest to occupy the land.a trust in relation to any land has arisen or is treated as having arisen under this section at such a time as is mentioned in subsection (1) above; andimmediately before that time the land was vested in any persons in their capacity as the minister and churchwardens of any parish,in relation to any property in respect of which that person’s claim was statute-barred before the commencement of this Act, or in relation to any property derived from any such property; orin relation to any rents or profits received, or breach of trust committed, before the commencement of this Act;for the purposes for which they could have acted in relation to that property if this Act had not been passed; orfor the purpose of securing the establishment of a scheme under section 2 below or the making of an order under F6section 554 of the Education Act 1996 (special powers as to trusts for religious education) .(6) In this section—
  • “churchwardens” includes chapel wardens;
  • “minister” includes a rector, vicar or perpetual curate; and
  • “parish” includes a parish of the Church in Wales;
and the reference to a person’s claim being statute-barred is a reference to the Limitation Act 1980 providing that no proceedings shall be brought by that person to recover the property in respect of which the claim subsists.extinguishes the rights of beneficiaries under the trust; andrequires the trustees to hold the property on trust for such charitable purposes as may be specified in the order.may contain any such provision as may be contained in an order made by the High Court for establishing a scheme for the administration of a charity; andshall have the same effect as an order so made.(3) The charitable purposes specified in an order made under this section on an application with respect to any trust shall be such as the Charity Commission consider appropriate, having regard to the matters set out in subsection (3A) .the desirability of securing that the property is held for charitable purposes (“the new purposes”) which are close to the purposes, whether charitable or not, for which the trustees held the relevant land before the cesser of use in consequence of which the trust arose (“the former purposes) ; andthe need for the new purposes to be capable of having a significant social or economic effect.(3B) In determining the character of the former purposes, the Commission may, if they think it appropriate to do so, give greater weight to the persons or locality benefited by those purposes than to the nature of the benefit.but for the making of the order would have been a beneficiary under the trust; andhas not consented to the establishment of a scheme under this section,the requirements of section 3 below with respect to the making of the application for the order are satisfied or, by virtue of subsection (4) of that section, do not apply;one of the conditions specified in subsection (6) below is fulfilled;public notice of the F12Commission'sproposals has been given inviting representations to be made to F12 it within a period specified in the notice, being a period ending not less than one month after the date of the giving of the notice; andthat period has ended and the F13 Commission hastaken into consideration any representations which have been made within that period and not withdrawn.which is outstanding; orwhich has at any time been accepted as valid by the trustees or by persons whose acceptance binds the trustees; orwhich has been upheld in proceedings that have been concluded;that consent to the establishment of a scheme under this section has been given by every person whose claim to be a beneficiary in respect of those rights is outstanding or has been so accepted or upheld.that the requirements of section 3 below are satisfied with respect to the making of the

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