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Patronage (Benefices) Measure 1986

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33 Transfer of advowson held on trust for sale or comprised in settled land.E

(1)Where any advowson is [F1subject to a trust of land], it shall be lawful for the trustees to transfer the advowson gratuitously to any person who has agreed to accept it and—

(a)being an individual—

(i)is an ecclesiastical corporation sole, or

(ii)is an actual communicant member of the Church of England, or

(b)being a body of persons, corporate or unincorporate,—

(i)is one of the bodies mentioned in section 8(7) of this Measure, or

(ii)has the furtherance of the work of the Church of England as one of its objects.

(2)Where the consent of any person is by any instrument containing such a trust, or by any statutory provision, made requisite to the execution of the trust, then, subject to [F2section 10 of the Trusts of Land and Appointment of TrusteesAct 1996 (consents)], the trustees shall obtain the consent of that person to the execution of a transfer made lawful by subsection (1) above.

(3)The tenant for life of settled land may make a grant in fee simple of any advowson comprised in the settled land gratuitously to any such person as is referred to in subsection (1) above.

(4)Subsection (3) above shall be construed as one with the M1Settled Land Act 1925, and that Act shall apply as if the power conferred by subsection (3) had been conferred by that Act.

(5)Nothing in any local Act or trust deed shall prevent the transfer inter vivos by trustees of an advowson which is the subject of a trust.

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F1Words in s. 33(1) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 24(a) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F2Words in s. 33(2) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 24(b) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

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