Endowments and Glebe Measure 1976

32 Provisions for transfer of parsonage land to Diocesan Board of Finance. E

[F1 (1) Where the Diocesan Board of Finance of a diocese is of the opinion—

(a) that any parsonage land belonging to a benefice in the diocese or any part of such land and, in particular, a parsonage house or any excluded part of a parsonage house, is not necessary for the convenient occupation of the incumbent or, as the case may be, is not required as the residence house of the benefice, and

(b) that such land should be transferred to the Board under this section,

it shall so notify [F2 the parochial church council and] the incumbent or any sequestrators concerned and, in the case of a benefice in respect of which a team ministry is established, every member of the team who may within one month following such notification, make written representations to the Commissioners with respect to the proposed transfer.

(2) After considering any such representations the Commissioners shall notify the Board [F3 , the parochial church council ] and the incumbent or sequestrators and every member of the team ministry of their decision with respect to the representation and the reasons therefor.

(2A) If no such representations are made within the said period of one month or the Commissioners decide that the proposed transfer should take place notwithstanding any representations, the bishop of the diocese concerned may by order under his seal provide for the transfer to the Board on such date as may be specified in the order of the land in question.]

(3) On the date specified in an order under this section—

(a) the land referred to therein shall without any conveyance or other assurance vest in the Board by virtue of this section subject to and with the benefit of any previously existing tenancies and any covenants, conditions, agreements, easements and rights to which that land is subject and of which it has the benefit immediately before that date, and

(b) if the order so provides, subject to all such rights in the nature of easements as are necessary for the reasonable enjoyment of any other parsonage land belonging to the benefice in question or any church land, being rights which were formerly exercisable by the incumbent of that benefice in right of his benefice;

and where the order contains a provision made in pursuance of paragraph (b) above, such rights as are referred to in that provision shall on and after the date so specified take effect by virtue of this section as legal easements appurtenant to the land referred to in that provision.

(4) An order under this section may also provide that on the date specified in the order there shall without any conveyance or other assurance vest by virtue of this section in the Board to which any parsonage land is transferred by the order all such rights in the nature of easements over any other parsonage land belonging to the benefice in question or any church land as are necessary for the reasonable enjoyment of the land transferred, being rights which were formerly exercisable by the incumbent of that benefice in right of his benefice.

(5) An order under this section may specify any tenancy, covenant, condition, agreement, easement or right subject to, or with the benefit of, which the land to which the order relates vests in the Diocesan Board of Finance by virtue of this section.

(6) Any land which vests in a Diocesan Board of Finance by virtue of this section shall be held by the Board as part of the diocesan glebe land of the diocese.

(7) An order under this section may contain such incidental or supplementary provisions as appear to the [F4 bishop] to be necessary or expedient for giving effect to the purpose of the order.

(8) The [F4 bishop] may by a further order under this section remedy any defects or omissions which in [F4 his] opinion exist in the original, or any previous amending, order made by [F4 him] thereunder.

Textual Amendments

F1 S. 32(1)(2)(2A) substituted (1.1.2001) for s. 32(1)(2) by 2000 Measure No. 1, s. 8, Sch. 5 para. 9(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F2 Words in s. 32(1) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 5(a); 2005 No. 2, Instrument made by Archbishops

F3 Words in s. 32(2) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 5(b); 2005 No. 2, Instrument made by Archbishops

F4 Words in s. 32(7)(8) substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 9(b)(c); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York