Post by NigelMoore on Jan 10, 2018 15:20:49 GMT
canalrivertrust.org.uk/business-and-trade/public-notices
They make no mention of consultation and SoS approval.
The cynic in me suggests that the list is in chronological order because anyone finding the webpage will not bother to scroll to the bottom to view the newest notices.
One of the notices at least, in the list you link to, contains reference to need for SoS approval, but most of them are only of rights over land, rather than disposal of the land itself. Whether or no a disposal of property requires Secretary of State approval depends, as I said, on whether it forms part of CaRT's 'investment portfolio', or whether it forms part of the Waterways Infrastructure Trust property.
There is a distinct difference as recognised on Land Registry deeds: Investment portfolio land [disposable without SoS consent, but needing Charities Commission assent] has the registered owner simply as: “Canal & River Trust.” The Proprietorship Register contains the single restriction that no disposition may be made without a certificate of compliance with the Charities Act 2011.
WIT property on the other hand, has the registered owner identified as “Canal & River Trust . . . acting as Trustee of the Waterways Infrastructure Trust.” The Proprietorship Register will include ‘restrictions’ relating to the need, prior to any disposition, for both Charities Commission approval, and additionally, CaRT certification that the terms of the Waterways Infrastructure Trust agreement with the SoS have been complied with.
So all proposed disposition of land &/or rights, must be with notice re: the Charities Act, only Trust land needs the extra SoS approval – but whether consultation [or at least notice] is compulsory for disposition of mere CaRT property I don’t know.