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OPEN SPACES ACT 1906 - SECT 4

Transfer by charity trustees of open space to local authority.

4.(1) Where an open space is vested in trustees, other than such as are
mentioned in the foregoing provisions of this Act, for any charitable purpose
and as part of their trust estate, and it appears to the majority of the
trustees that the open space is no longer required for the purposes of their
trust, or may with advantage to the trust be dealt with under this section,
the trustees may, in pursuance of a special resolution.... and.... in
pursuance of an order of the court to be obtained as hereinafter provided,
convey or demise the open space to any local authority on such terms as they
may agree, and the local authority shall thenceforth be entitled to hold the
same as an open space on the terms and under the conditions specified in the
conveyance or demise, or on such terms or under such conditions as may be so
authorised or approved, or as the court may from time to time order, as the
case may be.

(2) The court for the purposes of this section shall be either the High Court
or the county court of the district in which the whole or any part of the
open space is situate.

(3) An order of the court for the purposes of this section may be made upon
application by the trustees, in manner directed by rules of court, and the
court, before making any order, may direct such inquiries to be made, such
consents to be obtained, and notice to be given to such persons, as to the
court seem expedient, and may make such order thereon as in the discretion of
the court appears proper.

© 1906 Crown Copyright

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