Pastoral Measure 1983 (repealed)

66 Transfer of redundant churches to Secretary of State. E

(1) Notwithstanding anything in this Part,—

(a) where a redundant building or any part thereof is vested in the diocesan board of finance, whether in pursuance of a pastoral scheme or a redundancy scheme or pending the making of a redundancy scheme, the board may, with the approval of the bishop and the Commissioners, enter into and carry out an agreement with the Secretary of State for the acquisition and preservation by the Secretary of State, whether in pursuance of existing statutory provisions or further provisions enacted after the passing of this Measure, of the building or part with or without other land so vested in the board;

(b) where a redundant building or any part thereof is vested in the Redundant Churches Fund in pursuance of a redundancy scheme or a pastoral scheme to which section 47 applies the Fund may enter into and carry out such an agreement as aforesaid for the acquisition and preservation by the Secretary of State of the building or part with or without other land so vested;

[F1 (c) where a redundant building or any part thereof is situated in England and is vested in the diocesan board of finance, whether in pursuance of a pastoral scheme or a redundancy scheme or pending the making of a redundancy scheme, the board may, with the approval of the bishop and the Commissioners, enter into and carry out an agreement with the Historic Buildings and Monuments Commission for England for the acquisition and preservation by the Commission of the building or part with or without other land so situated and so vested in the board;

(d) where a redundant building or any part thereof is situated in England and is vested in the Redundant Churches Fund in pursuance of a redundancy scheme or a pastoral scheme to which section 47 applies, the Fund may enter into and carry out an agreement with the Historic Buildings and Monuments Commission for England for the acquisition and preservation by the Commission of the building or part with or without other land so situated and so vested;]

and on such acquisition this Part, except so far as it is applied by [F2 subsection (2) and (3)], and any redundancy scheme made with respect to the redundant building, or any provision of a pastoral scheme so made by virtue of section 46 or section 47, shall cease to apply to the property acquired.

[F3 (1A) The Historic Buildings and Monuments Commission for England shall not enter into an agreement under subsection (1)(c) or (d) without the consent of the Secretary of State.]

(2) Where a redundant building or part thereof is acquired as aforesaid,—

(a) any rights of way or other easements conferred under section 60(1) and any rights of way enjoyed under section 60(2) shall vest in the Secretary of State [F4 or (as the case may be) the Historic Buildings and Monuments Comission for England]or be enjoyed by him [F4 or them]for the performance of his [F4 or their]functions in relation to the property or for giving reasonable access to the public;

(b) sections 59(7), 61(2), 63(1) and 63(2) shall apply as they apply to buildings or parts of buildings and land vested in the Redundant Churches Fund;

(c) section 65(1) shall not apply to the disposal to the Secretary of State [F5 or (as the case may be) the Historic Buildings and Monuments Commission for England].

(3) A pastoral scheme may make provision under section 58, with the consent of the Secretary of State [F6 or (as the case may be) the Historic Buildings and Monuments Commission for England], for restoring to use as a church or part of a church any redundant building or part thereof acquired by the Secretary of State [F6 or the Commission]under this section, and for any of the other matters specified in section 58, and that section shall accordingly apply to any such building or part and to any land acquired by the Secretary of State [F6 or the Commission]therewith in like manner as it applies to a redundant building vested in the Redundant Churches Fund and land so vested therewith.

[F7 (3A) Before giving his consent under subsection (3) in relation to a building or part situated in England, the Secretary of State shall consult with the Historic Buildings and Monuments Commission for England.]

(4) Where a redundant building or any part thereof is acquired by the Secretary of State [F8 or the Historic Buildings and Monuments Commission for England]under this section, or an agreement for such acquisition has been made, and any land previously annexed or belonging to the building is vested in the incumbent of the benefice in the area in which the building is situated, the incumbent may, with the approval of the bishop and the Commissioners, enter into and carry out an agreement with the Secretary of State [F8 or the Commission (as the case may be)]for the acquisition of the land by the Secretary of State [F8 or the Commission (as the case may be)]and for its maintenance with the building or part and subsection (2) shall apply in relation to any land so acquired as it applies in relation to a redundant building or part thereof acquired in pursuance of subsection (1).

[F9 (4A) The Historic Buildings and Monuments Commission for England shall not enter into an agreement under subsection (4) unless—

(a) the land is situated in England, and

(b) the Secretary of State has consented.]

(5) An agreement under this section may provide for the acquisition and preservation by the Secretary of State [F10 or (as the case may be) the Historic Buildings and Monuments Commission for England]of any of the contents of the redundant building or part thereof, and on such acquisition section 63(1) shall apply to the said contents as they apply to the contents of a building or part thereof vested in the Redundant Churches Fund, but save as aforesaid this Part and any redundancy or pastoral scheme relating to the contents shall cease to apply to the contents so acquired.

[F11 (6) Where a redundant building (or part) situated in England has been acquired for its preservation by the Secretary of State under subsection (1) either with or without any other land so situated, the Historic Buildings and Monuments Commission for England may by agreement with the Secretary of State undertake on his behalf the management and preservation of the building (or part) together with the other land (if any).

(7) Where the Secretary of State has under subsection (4) acquired land situated in England for its maintenance with a building (or part), the Commission may undertake, in any agreement made under subsection (6) in relation to the building (or part), the maintenance of the land on behalf of the Secretary of State.

(8) Where the Secretary of State has under subsection (5) acquired for their preservation the contents of a redundant building (or part), the Commission may undertake, in any agreement made under subsection (6) in relation to the building (or part), the preservation of the contents on behalf of the Secretary of State.]

Textual Amendments

F1 S. 66(1)(c)(d) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(2)

F2 Words substituted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(2)

F3 S. 66(1A) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(3)

F4 Words inserted by the National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(4)

F5 Words inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(4)

F6 Words inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(5)

F7 S. 66(3A) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(b)

F8 Words inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(7)

F9 S. 66(4A) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(8)

F10 Words inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(9)

F11 S. 66(6)–(8) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 70(1)(10)