Town and Country Planning Act 1990

318 Ecclesiastical property. E+W

(1) Without prejudice to the provisions of the M1 Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the [F1 Diocesan Board of Finance for the diocese in which the land is situated].

(2) [F2 Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant]—

(a) if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 [F3 it] shall be treated as being vested in the [F4 Diocesan Board of Finance for the diocese in which the land is situated];

(b) in any case, [F3 it] shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the [F4 Diocesan Board of Finance for the diocese in which the land is situated], and any notice to treat shall be served, or be deemed to have been served, accordingly.

(3) Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property [F5 shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated], and shall F6 . . . be applied by [F7 it] for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.

(4) Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—

(a) shall be paid to the [F8 Diocesan Board of Finance for the diocese in which the land is situated], and

(b) shall be applied by [F7 it] for the purposes mentioned in subsection [F9 (3)].

(5) Where any sum is recoverable under section 111, [F10 or 112] in respect of any such land, the [F11 Diocesan Board of Finance for the diocese in which the land is situated] may apply any money or securities held by [F7 it] in the payment of that sum.

(6) In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice [F12 of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F13 of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F14 . . . .

Textual Amendments

F1 Words in s. 318(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F2 Words in s. 318(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(b); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F3 Word in s. 318(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(b); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F4 Words in s. 318(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F5 Words in s. 318(3) substituted for s. 318(3)(a)(b) (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(c); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F6 Words in s. 318(3)(b) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(c); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F7 Word in s. 318(3)(4)(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(d); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F8 Words in s. 318(4) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F9 Word in s. 318(4)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. II para. 30(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F10 Words in s. 318(5) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 33 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F11 Words in s. 318(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F12 Words in s. 318(6) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F13 Words in s. 318(6) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

F14 Words in s. 318(6) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}

Modifications etc. (not altering text)

C1 S. 318(1)(3)(6) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(1)

Marginal Citations

M1 1981 c. 67.