New Parishes Measure 1943 (repealed)

14 Power of corporations &c., to give or grant land for sites of churches, &c. E

(1) It shall be lawful for any of the following bodies by way of gift or for valuable consideration, and notwithstanding that the consideration may not be the full consideration, to grant to the Commissioners buildings or land for any of the purposes mentioned in the last foregoing section, that is to say—

(a) any corporation, whether lay, ecclesiastical or collegiate, and whether sole or aggregate;

(b) any trustees for charitable purposes [F1 but (except in the case of an exempt charity within the meaning of [F2 the Charities Act 1993]) only with the sanction of an order of the Charity Commissioners];

(c) in the case of buildings or land belonging to His Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall or belonging to a government department or held in trust for His Majesty for the purposes of a government department the appropriate authority, that is to say—

(i) in the case of land belonging to His Majesty in right of the Crown, the [F3 Crown Estate Commissioners] or other government department having the management of the land in question, subject to the consent, in either case, of the Treasury;

(ii) in the case of land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(iii) in the case of land belonging to the Duchy of Cornwall, the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall;

(iv) in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, that department, with the consent of the Treasury.

[F4 (1A) During a vacancy in a benefice the power under subsection (1) of this section which would have been exercisable by the incumbent of the benefice had the benefice been full, shall be exercisable by the bishop.]

[F5 (2) Where the grantor is the incumbent of a benefice in his capacity as such, or where during a vacancy in a benefice the grantor is the bishop, the purchase money shall be paid to the Church Commissioners and shall be appropriated by them for the benefit of the diocesan stipends fund.]

(3) It shall be lawful . . . F6 for the Commissioners to hold any property real or personal for any such purpose as aforesaid . . . F7 .

[F8 (4) Section 89 of the Charities Act 1993 (provisions as to orders under that Act) shall apply to any order under section (1)(b) above as it applies to orders under that Act.]

Textual Amendments

F1 Words added by Charities Act 1960 (c. 58, SIF 19), Sch. 6

F2 Words in S. 14(1)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 3(2)

F3 Words substituted by virtue of Crown Estate Act 1956 (c. 73) s. 1(7) and Crown Estate Act 1961 (c. 55, SIF 29:7), Sch. 2 Pt. II para. 4(1)

F4 S. 14(1A) inserted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 2(1)

F5 S. 14(2) substituted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 2(2)

F6 Words repealed by Charities Act 1960 (c. 58, SIF 19), Sch. 7 Pt. II

F7 Words repealed by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 8

F8 S. 14(4) added (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 3(3)

Modifications etc. (not altering text)

C1 S. 14 excluded by Sharing of Church Buildings Act 1969 (c.38, SIF 21:8), s. 3(3); extended by Sharing of Church Buildings Measure 1970 (No. 2, SIF 21:8), s. 2(2) and Pastoral Measure 1983 (No. 1, SIF 21:4), s. 76(1); modified by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 23(1); explained by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 76(2)