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Repair of Benefice Buildings Measure 1972

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This section lists the commencement orders yet to be applied to the whole Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Measure you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Measure into force:

5 Duty of Board to carry out repairs in report relating to parsonage house.E

(1)It shall be the duty of the Board—

(a)to commence within a period of 12 months from the date when the diocesan surveyor’s report is confirmed all repairs specified in the report and relating to a parsonage house the execution of which is therein stated to be immediately necessary, and to complete them as soon as possible;

(b)to execute all other repairs so specified and relating to a parsonage house within such period as may be recommended in the report or, if no period is recommended, as the Board think expedient:

Provided that, if it appears to the Board and the bishop of the diocese that a parsonage house or a part thereof should be sold, exchanged or demolished, and for that reason it is not necessary or desirable to execute the repairs, or all the repairs, specified in relation thereto in the report of the diocesan surveyor, the Board may at any time within a period of six months from the date of the confirmation of the report, notify the incumbent that such repairs as are specified in the notice are not to be executed and giving the reasons therefor.

(2)A notice under the preceding subsection shall state the incumbent’s right to make representations and the date by which the representations must be made, which shall not be less than one month from the date on which the notice is sent; and the Board shall consider any representations duly made by the incumbent, which shall be limited to the question of what repairs are not to be executed, and subsection (5) of the last preceding section shall apply to their consideration of such representations.

(3)The Board shall notify the incumbent of their decision, and the incumbent may, if not satisfied with the decision, appeal therefrom within one month from the notification thereof to the Commissioners, who shall decide the matter after consultation with the Board and the incumbent.

(4)If the report of the diocesan surveyor states that any outbuilding of the parsonage house appears to be superfluous, the Board may at any time after the confirmation of the report, notify the incumbent that they intend to demolish the outbuilding, and the last preceding subsection shall apply to any such notice, and if there is no appeal or the notice is upheld, the Board may demolish the outbuilding.

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