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Church of England (Miscellaneous Provisions) Measure 2005
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- 2005 No. 3
- SCHEDULE 4
- Section 11
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- 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
11In section 44—E
(a)in subsection (5)(a) after the word “Part” there shall be inserted the words “ or acquired under subsection (5A) ” and there shall be added, at the end, the words “ and to replace, renew and provide or improve such services or facilities as are required to facilitate greater access to and use of that property ”;
(b)after subsection (5) there shall be inserted the following subsections—
“(5A)Where the freehold interest in a redundant church or any land annexed or belonging thereto has been disposed of under a redundancy scheme or pastoral scheme to which section 46 or 47 applies and the owner of that freehold interest is unable for any reason to use the redundant church for the use specified in the scheme including any use allowed under any covenant imposed in relation to the scheme under section 62 and is willing to dispose of the freehold interest by way of gift, the Churches Conservation Trust may, with the prior consent in writing of the Commissioners, acquire the freehold by way of gift but, before consenting to such an acquisition, the Commissioners shall—
(a)consult the bishop and the Advisory Board;
(b)be satisfied that the Churches Conservation Trust will have the resources to meet the cost of maintaining the redundant church.
(5B)The Commissioners shall seal the deed of transfer of any land acquired under subsection (5A).”;
(c)in subsection (6) for the words “such sums” there shall be substituted the words “ sums referred to in subsection (5)(d) ”; and
(d)for subsection (12) there shall be substituted the following subsection—
“(12)The Churches Conservation Trust shall transmit copies of the said accounts and report to the Secretary of State and the Secretary of State shall lay copies thereof before each House of Parliament and the Commissioners shall transmit copies of the said accounts and report to the Secretary General of the General Synod and the Secretary General shall lay copies thereof before the General Synod.”.
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