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Church of England (Miscellaneous Provisions) Measure 2005
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- 2005 No. 3
- SCHEDULE 3
- Section 2
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This version of this contains provisions that are prospective.
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Commencement Orders bringing provisions within this Measure into force:
- 2005 No. 2 Instrument made by Archbishops commences (2005 No. 3)
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- 2007 No. 3 Instrument made by Archbishops Commencement Order
- 2012 No. 1 art. 2 commences (2011 No. 3)
Prospective
2In section 20—E
(a)after section (1) there shall be inserted the following subsection—
“(1A)The consent of the Commissioners shall not be required for any disposition of land other than any such disposition as is specified in Schedule 3 to this Measure.”;
(b)after subsection (2C) there shall be inserted the following subsection—
“(2D)Where the tenant of any diocesan glebe land is entitled, under any enactment, to acquire from or be granted by the Diocesan Board of Finance any interest in the land or to have any existing interest renewed or extended by them the consent of the Commissioners shall not be required to any disposition which gives effect to the tenant's entitlement and subsections (2A), (2B) and (2C) above shall not apply in relation to that disposition.”;
(c)in subsection (5) for the words from the beginning to “subsection (1) above” there shall be substituted the words “ Before a Diocesan Board of Finance seeks the consent of the Commissioners under subsection (1) above to a transaction specified in Schedule 3 except any transaction to which subsection (2D) above applies ” and immediately before the words “a notice” there shall be inserted the words “ and on the parochial church council of that parish ”;
(d)the subsection (6A) inserted by paragraph 5(e) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1) shall be re-numbered as subsection (6B);
(e)in subsection (8) the words “the terms of” shall be omitted;
(f)in subsection (9) the words “the terms of” shall be omitted and for the words “those terms” there shall be substituted the words “ that transaction ”;
(g)in subsection (10) the words “the terms of” shall be omitted; and
(h)after subsection (11) there shall be inserted the following subsection—
“(11A)Where any such document as is mentioned in subsection (11) above does not contain such a statement as is there mentioned then in favour of a person who (whether under the transaction or afterwards) in good faith acquires an interest in the diocesan glebe land in question for money or money's worth the disposition effected by the transaction shall be valid whether or not the consent of the Commissioners was required to the transaction.”.
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