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Church of England (Miscellaneous Provisions) Measure 2006

2006 No. 1

A Measure passed by the General Synod of the Church of England to amend the Parsonages Measure 1938; to amend the Church Commissioners Measure 1947; to amend the Diocesan Stipends Funds Measure 1953; to amend section 2 of the Church Funds Investment Measure 1958; to amend section 7 of the Church Property (Miscellaneous Provisions) Measure 1960; to make new provision for the powers of the Church Commissioners relating to Farnham Castle; to amend the Ecclesiastical Jurisdiction Measure 1963; to amend Schedule 2 to the Synodical Government Measure 1969; to amend the Repair of Benefice Buildings Measure 1972; to amend the Endowments and Glebe Measure 1976; to amend section 8 of the Church of England (Miscellaneous Provisions) Measure 1978; to amend the Pastoral Measure 1983; to amend the National Institutions Measure 1998; and for purposes connected therewith.

[11th July 2006]

F11Amendment of Parsonages Measure 1938E

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Textual Amendments

2Amendment of Church Commissioners Measure 1947E

The Church Commissioners Measure 1947 (10 & 11 Geo. 6 No. 2) shall have effect subject to the amendments specified in Schedule 2 to this Measure.

Commencement Information

I1S. 2 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

3Amendment of Diocesan Stipends Funds Measure 1953E

(1)The Diocesan Stipends Funds Measure 1953 (1 & 2 Eliz. 2 No. 2) shall be amended as follows.

(2)In section 4(1)—

(a)for paragraph (a) there shall be substituted the following paragraph—

(a)the acquisition of any land to be held as diocesan glebe land of the diocese by the board or any subsidiary of the board set up under a scheme made under section 19 of the Endowments and Glebe Measure 1976 (1976 No. 4) or investment in any such subsidiary; and

(b)paragraph (aa) shall be omitted.

(3)For section 5(3) there shall be substituted the following subsection—

(3)Before giving any directions under subsection (2) above with respect to the application of the said moneys in providing or augmenting the stipends or other emoluments of the persons mentioned in subsection (1) above, the bishop or the person so authorised shall have regard to any recommendations made by the Central Stipends Authority with respect to the forms and levels of the stipends and other emoluments of those persons..

Commencement Information

I2S. 3 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

4Amendment of Church Funds Investment Measure 1958E

Section 2 of the Church Funds Investment Measure 1958 (6 & 7 Eliz. 2 No. 1) shall have effect, and shall be deemed always to have had effect, as if the corporate funds of the Archbishops' Council were included amongst the funds mentioned in paragraph (d) of that section.

Commencement Information

I3S. 4 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

F25Amendment of Church Property (Miscellaneous Provisions) Measure 1960E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6Powers of Church Commissioners relating to Farnham CastleE

(1)Subject to subsections (3) and (4) below, Farnham Castle shall be held by the Commissioners as part of their corporate property and, accordingly, the provisions of the Farnham Castle Measure 1961 (9 & 10 Eliz. 2 No. 1) (“the 1961 Measure”) mentioned in subsection (2) below are hereby repealed.

(2)The provisions of the 1961 Measure referred to in subsection (1) above are the words “, but subject to the succeeding section” in section 1(2), section 2 and the definition of “approved” in section 3.

(3)Before exercising any power to sell or otherwise dispose of Farnham Castle or any part thereof or any interest in or over it the Commissioners shall consider what consequences would be likely to result from the exercise of that power and what restrictive or other conditions, if any, should be imposed upon the purchaser, lessee or grantee and, if they consider that Farnham Castle or any part thereof may be prejudicially affected by the exercise of that power, they shall consult English Heritage and such other person or body qualified to advise on the matter as they think fit.

(4)The Commissioners may enforce any covenants imposed on the sale, exchange or gift of the whole or, in the case of a partial disposition, on the sale, exchange or gift of the last remaining part, of Farnham Castle as if the Commissioners were the owners of adjacent land and the covenants were expressed to be entered into for the benefit of that land and, in the case of covenants of a positive character, as if they were negative.

(5)In this section—

  • the Commissioners” means the Church Commissioners;

  • English Heritage” means the Historic Buildings and Monuments Commission for England, known as English Heritage; and

  • Farnham Castle” has the meaning assigned to it by the 1961 Measure.

Commencement Information

I4S. 6 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

F37Amendment of Ecclesiastical Jurisdiction Measure 1963E

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8Amendment of Synodical Government Measure 1969E

The Constitution of the General Synod set out in Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) shall be amended as follows—

(a)for Article 4(2) there shall be substituted the following paragraph—

(2)The Presidents shall, after consultation with the Appointments Committee of the Church of England, appoint from among the members of any House of the Synod a panel of such number of persons as the Presidents may determine, who shall be available to take the chair at meetings of the Synod, being persons who shall be chosen for their experience of chairing and ability to chair meetings; and it shall be the duty of one of the persons on the panel, in accordance with arrangements approved by the Presidents and subject to any special directions of the Presidents, to take the chair at meetings of the Synod at which neither of the Presidents take the chair.; and

(b)for Article 5(4) there shall be substituted the following paragraph—

(4)Without prejudice to Article 11(1) below, where a vote is to be taken by a division either of the whole Synod or by Houses, Standing Orders may provide for the vote to be taken either by physical separation of the members voting or by other means including such electronic method of voting as may from time to time be determined by the Business Committee..

Commencement Information

I5S. 8 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

9Amendment of Repair of Benefice Buildings Measure 1972E

In sections 20(5) and 31(2) of the Repair of Benefice Buildings Measure 1972 (1972 No. 2) for the word “patron”, in each place, there shall be substituted the words “ registered patron ”.

Commencement Information

I6S. 9 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

10Amendment of Endowments and Glebe Measure 1976E

The Endowments and Glebe Measure 1976 (1976 No. 4) shall have effect subject to the amendments specified in Schedule 3 to this Measure.

Commencement Information

I7S. 10 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

11Amendment of Church of England (Miscellaneous Provisions) Measure 1978E

In section 8 of the Church of England (Miscellaneous Provisions) Measure 1978 (1978 No. 3), in the headnote, for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance ”, for the words “the fee simple of any ecclesiastical property is in abeyance, the fee simple” there shall be substituted the words “ any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it ” and for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I8S. 11 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

F412Amendment of Pastoral Measure 1983E

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Textual Amendments

Commencement Information

I9S. 12 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

13Amendment of National Institutions Measure 1998E

Paragraph 9 of Schedule 1 to the National Institutions Measure 1998 (1998 No. 1) shall be amended as follows—

(a)in subparagraph (1) the words “who is an actual communicant (as defined in Rule 54(1) of the Church Representation Rules)” shall be omitted and after the words “in the case of a lay person” there shall be inserted the words “ who is an actual communicant (as defined in Rule 54(1) of the Church Representation Rules) ”; and

(b)in subparagraph (2) there shall be inserted before the word “member” the word “ lay ”.

Commencement Information

I10S. 13 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

14Miscellaneous Amendments of ActsE

The enactments referred to in Schedule 5 to this Measure, being enactments which relate to functions of the Church Commissioners in connection with transactions affecting certain ecclesiastical property, shall have effect subject to the amendments specified in that Schedule.

Commencement Information

I11S. 14 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

15RepealsE

The enactments mentioned in Schedule 6 to this Measure are hereby repealed to the extent specified in the second column of that Schedule.

Commencement Information

I12S. 15 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

16Citation, commencement and extentE

(1)This Measure may be cited as the Church of England (Miscellaneous Provisions) Measure 2006.

(2)This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint, and different days may be appointed for different provisions.

(3)This Measure shall extend to the whole of the Provinces of Canterbury and York, except that the Measure, apart from section 13 above, shall only extend to the Isle of Man and the Channel Islands in accordance with the following provisions of this section.

(4)Section 2 above, this section and Schedule 2 to this Measure shall extend to the Isle of Man and, if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, sections 4, 7, 8, 12 and 15 above, and Schedules 4 and 6 to this Measure, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.

(5)This Measure, except sections 1, 2, 3, 6, 7, 11, 13 and 14 above and Schedules 1, 2 and 5 to this Measure, may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures.

Commencement Information

I13S. 16 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

SCHEDULES

Section 1

F5SCHEDULE 1EAmendment of Parsonages Measure 1938

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Textual Amendments

Section 2

SCHEDULE 2EAmendment of Church Commissioners Measure 1947

1The Church Commissioners Measure 1947 (10 & 11 Geo. 6 No. 2) shall be amended as follows.

Commencement Information

I14Sch. 2 para. 1 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

2For the headnote to section 9 there shall be substituted the following headnote “ Sealing and execution of documents by the Commissioners ” and at the end of that section there shall be added the following subsections—

(3)A document signed by two members of the Board and expressed (in whatever form of words) to be executed by the Commissioners shall have the same effect as if executed under the common seal of the Commissioners.

(4)A document executed by the Commissioners which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it shall be presumed, unless a contrary intention is proved, to be delivered upon its being so executed.

(5)In favour of a purchaser a document shall be deemed to have been duly executed by the Commissioners if it purports to be signed by two members of the Board.

(6)In subsection (5) above “purchaser” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who, for valuable consideration, acquires an interest in property..

Commencement Information

I15Sch. 2 para. 2 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

3In section 18(1), in the definition of “dean”, the words “or provost” shall be omitted.

Commencement Information

I16Sch. 2 para. 3 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

4(1)In Schedule 1—E

(a)in paragraph 1(b) the words “or provosts”, in both places where they occur, and the words “and provosts” shall be omitted, after the words “who are not deans” there shall be added the words “ , whether or not those clerks are members of that House ” and after the words “House of Laity of the General Synod” there shall be inserted the words “ , whether or not those persons are members of that House ”;

(b)in paragraph 2, in the first sentence, for the words from “at such time” to the end of the sentence there shall be substituted the words “ in accordance with the Standing Orders of the General Synod ” and for the word “April” there shall be substituted the word “ January ”;

(c)in paragraph 5 the words “or provost” shall be omitted; and

(d)in paragraph 5A—

(i)in sub-paragraph (1) after the words “General Synod” there shall be inserted the words “ who is a member of that House ”; and

(ii)in sub-paragraph (2) for the words after “shall be held” to the end there shall be substituted the words “ in accordance with the Standing Orders of the General Synod ”.

(2)Sub-paragraph (1)(b) above shall apply to the term of office of any Church Commissioner who holds office on the date of the coming into force of that sub-paragraph as if that term of office expired on the thirty first day of December immediately preceding the date on which it would otherwise expire.

Commencement Information

I17Sch. 2 para. 4 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Section 10

SCHEDULE 3EAmendment of Endowments and Glebe Measure 1976

1The Endowments and Glebe Measure 1976 (1976 No. 4) shall be amended as follows.

Commencement Information

I18Sch. 3 para. 1 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

2In section 11(2) for the word “them” there shall be substituted the word “ it ” and for the word “their” there shall be substituted the word “ its ”.

Commencement Information

I19Sch. 3 para. 2 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

3In section 14(1), at the end of paragraph (a) there shall be inserted the word “ or ”.

Commencement Information

I20Sch. 3 para. 3 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12

F7SCHEDULE 4EAmendment of Pastoral Measure 1983

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Section 14

SCHEDULE 5EMiscellaneous Amendments of Acts

Small Holdings and Allotments Act 1908 (8 Edw. 7 c. 36)E

1For paragraph (8) of Part I of Schedule 1 there shall be substituted the following paragraph—

(8)Where the land is vested in the incumbent of a benefice of the Church of England the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for the damage to be sustained by the owner by reason of severance or other injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated to be applied by the Board for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale..

Commencement Information

I21Sch. 5 para. 1 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Agriculture Act 1947 (10 & 11 Geo. 6 c. 48)E

2In section 107(5) of the Agriculture Act 1947 for the words from “belongs” to the end there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England, a copy thereof shall be served on the Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I22Sch. 5 para. 2 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Coast Protection Act 1949 (12, 13 & 14 Geo. 6 c. 74)E

3Section 33(1)(b) shall be omitted.

Commencement Information

I23Sch. 5 para. 3 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo. 6 c. 97)E

4In paragraph 1(4) of Schedule 1 for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England ” and for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I24Sch. 5 para. 4 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Land Powers (Defence) Act 1958 (6 & 7 Eliz. 2 c. 30)E

5In Schedule 2—

(a)in paragraph 2(2) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”, the words “(not being land in Scotland, Northern Ireland, Wales or Monmouthshire)” shall be omitted, after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”; and

(b)in paragraph 16 for the words “Church Commissioners”, in both places where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I25Sch. 5 para. 5 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Opencast Coal Act 1958 (6 & 7 Eliz. 2 c. 69)E

6In section 42 —

(a)in subsections (2) and (5) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsection (2) the words “, not being land in Scotland, Wales or Monmouthshire,” shall be omitted;

(c)for subsection (6) there shall be substituted the following subsection—

(6)Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.; and

(d)in section (7) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.

Commencement Information

I26Sch. 5 para. 6 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Weeds Act 1959 (7 & 8 Eliz. 2 c. 54)E

7In section 6(6) for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England ” and for the words “Church Commissioners” there shall be inserted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I27Sch. 5 para. 7 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Land Compensation Act 1961 (9 & 10 Eliz. 2 c. 33)E

8In section 34—

(a)for subsection (1) there shall be substituted the following subsection—

(1)Where ecclesiastical property in England is vested in the incumbent of a benefice which is vacant it shall be treated for the purposes of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.; and

(b)in subsection (2) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.

Commencement Information

I28Sch. 5 para. 8 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Pipe-lines Act 1962 (10 & 11 Eliz. 2 c. 58)E

9In section 51—

(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsection (2) for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”;

(c)in subsections (3) and (5) for the word “them”, in each place where it occurs, there shall be substituted the word “ it ”; and

(d)in subsection (5) for the word “they” there shall be substituted the word “ it ”.

Commencement Information

I29Sch. 5 para. 9 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Harbours Act 1964 (c. 40)E

10In section 49—

(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”; and

(c)in subsection (4) for the word “them”, in both places where it occurs, there shall be substituted the word “ it ” and for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”.

Commencement Information

I30Sch. 5 para. 10 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Gas Act 1965 (c. 36)E

11In section 26—

(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsections (2) and (3) for the word “them”, in each place where it occurs, there shall be substituted the word “ it ” and in subsection (3) for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”; and

(c)in subsection (4), for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”.

Commencement Information

I31Sch. 5 para. 11 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Compulsory Purchase Act 1965 (c. 56)E

12(1)In section 11 for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.E

(2)In section 31 for the words from the words “in the case of land which is not diocesan glebe land” to the words “in either case” there shall be substituted the words “ shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated and ” and the last sentence shall be omitted.

Commencement Information

I32Sch. 5 para. 12 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Commons Registration Act 1965 (c. 64)E

F813.....................................................................................

Textual Amendments

Commencement Information

I33Sch. 5 para. 13 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Forestry Act 1967 (c. 10)E

14In paragraph 3 of Schedule 2 —

(a)for the words from the beginning to the words “Church Commissioners” there shall be substituted the words “ In the case of diocesan glebe land the Diocesan Board of Finance in which the land is vested and, in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation, with the consent of the Church Commissioners, may ”; and

(b)at the end there shall be added— Provided—

(a)the consent of the Church Commissioners shall be required to any transaction under this paragraph relating to diocesan glebe land if such consent would be required under the Endowments and Glebe Measure 1976 (1976 No. 4), and

(b)section 20(11) of that Measure shall apply to any transaction under this paragraph as it applies to any transaction under that Measure and as if the reference therein to the requirements of that Measure included a reference to the requirements of this paragraph..

Commencement Information

I34Sch. 5 para. 14 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Leasehold Reform Act 1967 (c. 88)E

15In section 31—

(a)in subsection (2) for the words from “and the Church Commissioners” to the end of the subsection there shall be substituted the words “ provided that the consent of the Church Commissioners shall only be required if their consent would be required if the transaction were carried out under the Endowments and Glebe Measure 1976 or the Cathedrals Measure 1999 ”; and

(b)in subsection (4)(c) for the words “the Church Commissioners”, in both places where they occur, there shall be substituted the word “ board ” and for the word “their” there shall be substituted the word “ its ”.

Commencement Information

I35Sch. 5 para. 15 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Mines and Quarries (Tips) Act 1969 (c. 10)E

16In section 31 —

(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)for the word “them”, in each place where it occurs, there shall be substituted the word “ it ” and for the word “their”, in both places where it occurs, there shall be substituted the word “ its ”;

(c)in subsection (4) for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”; and

(d)in subsection (5) for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”, for the words “are owners” there shall be substituted the words “ is the owner ” and for the word “are”, in the second place where it occurs, there shall be substituted the word “ is ”.

Commencement Information

I36Sch. 5 para. 16 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Agriculture Act 1970 (c. 40)E

17In section 61—

(a)in subsection (3)(a) for the words “incumbent of the ecclesiastical benefice to which the land belongs” there shall be substituted the words “ Diocesan Board of Finance in which the land is vested ” and after the words “Church Commissioners” there shall be added the words “ in a case where their consent would be required if the transaction were carried out under the Endowments and Glebe Measure 1976 ”; and

(b)subsections (4) and (5) are hereby repealed.

Commencement Information

I37Sch. 5 para. 17 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Land Compensation Act 1973 (c. 26)E

18(1)In section 13(1) for paragraphs (a) and (b) there shall be substituted the words “ to the Diocesan Board of Finance for the diocese in which the land is situated ” and the words “(in either case)” shall be omitted.E

(2)In section 13(2) the words from the words “or being diocesan glebe land” to the end shall be omitted.

Commencement Information

I38Sch. 5 para. 18 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Agricultural Statistics Act 1979 (c. 13)E

19In section 5(5) for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England ” and for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I39Sch. 5 para. 19 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)E

20In section 51—

(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ” and in subsection (4) for the word “them” there shall be substituted the word “ it ”; and

(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance, the fee simple” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant it ”.

Commencement Information

I40Sch. 5 para. 20 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Local Government, Planning and Land Act 1980 (c. 65)E

21(1)In section 169—E

(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”; and

(b)for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”.

(2)In section 171, in the definition of “ecclesiastical property” after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.

Commencement Information

I41Sch. 5 para. 21 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Highways Act 1980 (c. 66)E

22(1)For section 87(6) there shall be substituted the following subsection—E

(6)Where land is—

(a)glebe land, the Diocesan Board of Finance in which the land is vested, with the consent of the Church Commissioners (unless such consent would not be required under the Endowments and Glebe Measure 1976 if the transaction were carried out under that Measure),

(b)land belonging to an ecclesiastical benefice of the Church of England, the incumbent of the benefice, with the consent of the Diocesan Board of Finance, or

(c)part of the endowment of any other ecclesiastical corporation, the ecclesiastical corporation, with the consent of the Church Commissioners,

may enter into an agreement under this section relating to the land either for consideration or gratuitously and any payment made in respect of such agreement may be applied for purposes for which the proceeds of a sale by agreement of the property would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale..

(2)In paragraph 1(4) of Schedule 6 after the word “benefice” there shall be inserted the words “ of the Church of England ” and for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I42Sch. 5 para. 22 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

New Towns Act 1981 (c. 64)E

23(1)In section 76—E

(a)for the words “Church Commissioners”, in both places where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”, and

(b)In subsection (1) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”.

(2)In section 80(1), in the definition of “ecclesiastical property” after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.

Commencement Information

I43Sch. 5 para. 23 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Acquisition of Land Act 1981 (c. 67)E

24(1)In section 12(3)—E

(a)for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”; and

(c)the words “or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976” shall be omitted.

(2)In paragraph 3(3) of Schedule 1—

(a)for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”; and

(c)the words “or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976” shall be omitted.

Commencement Information

I44Sch. 5 para. 24 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Administration of Justice Act 1982 (c. 53)E

25In section 41—

(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ appropriate authority ”; and

(b)in subsection (3) there shall be added at the end the words “ and “appropriate authority” means, in the case of funds held in trust for a cathedral, the corporate body of that cathedral established under section 9(1)(a) of the Cathedrals Measure 1999 and in the case of funds held in trust for a benefice the Diocesan Board of Finance for the diocese in which that benefice is situated ”.

Commencement Information

I45Sch. 5 para. 25 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Town and Country Planning Act 1990 (c. 8)E

26In section 318—

(a)in subsections (1), (2), (4) and (5) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ” and in paragraphs (a) and (b) for the words “the fee simple”, in each place, there shall be substituted the word “ it ”;

(c)in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “ shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated ” and the words “(in either case)” shall be omitted;

(d)in subsections (3), (4) and (5) for the word “them”, in each place where it occurs, there shall be substituted the word “ it ”; and

(e)in subsection (6) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ”, after the word “diocese” there shall be inserted the words “ of the Church of England ” and the words from “or being diocesan glebe land” to the end shall be omitted.

Commencement Information

I46Sch. 5 para. 26 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E

27In section 86—

(a)in subsections (1) and (2) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ” and in paragraphs (a) and (b) for the words “the fee simple”, in each place, there shall be substituted the word “ it ”;

(c)in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated”, the words “(in either case)” shall be omitted and for the word “them” there shall be substituted the word “ it ”; and

(d)in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ”, after the word “diocese” there shall be inserted the words “ of the Church of England ” and the words from “or being diocesan glebe land” to the end shall be omitted.

Commencement Information

I47Sch. 5 para. 27 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Planning (Hazardous Substances) Act 1990 (c. 10)E

28In section 34—

(a)in subsections (1) and (2) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ” and for the words “the fee simple” there shall be substituted the word “ it ”;

(c)in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated”, the words “(in either case)” shall be omitted and for the word “them” there shall be substituted the word “ it ”; and

(d)in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ”, after the word “diocese” there shall be inserted the words “ of the Church of England ” and the words from “or being diocesan glebe land” to the end shall be omitted.

Commencement Information

I48Sch. 5 para. 28 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Coal Mining Subsidence Act 1991 (c. 45)E

29(1)In section 20—E

(a)for the words “Church Commissioners”, in each place where they occur, and for the word “Commissioners”, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsection (1)(b) for the words “they give” there shall be substituted the words “ it gives ”;

(c)in subsection (2)(b) for the word “them” there shall be substituted the word “ it ”; and

(d)in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.

(2)In section 33(7) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.

Commencement Information

I49Sch. 5 para. 29 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Water Resources Act 1991 (c. 57)E

30In section 67—

(a)in subsections (1), (3), (4) and (7) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;

(b)in subsections (1) and (2) for the words “belongs to a benefice” there shall be substituted the words “ is vested in the incumbent of a benefice ”;

(c)in subsection (4) for the word “them” there shall be substituted the word “ it ”;

(d)in subsection (5) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance ”, for the word “them”, in both places where it occurs, there shall be substituted the word “ it ” and for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”;

(e)in subsection (6)(a) for the words “the Church Commissioners are” there shall be substituted the words “ a Diocesan Board of Finance is ”; and

(f)in subsection (6) for the word “Commissioners”, in both places where it occurs, there shall be substituted the word “ Board ”.

Commencement Information

I50Sch. 5 para. 30 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E

31In paragraph 8 of Schedule 2—

(a)in sub-paragraph (2) after the word “required” there shall be inserted the words “ , if their consent would be required if the transaction were carried out under the Cathedrals Measure 1999 or the Endowments and Glebe Measure 1976, ” and the words from “and the Church Commissioners” to the end shall be omitted;

(b)in sub-paragraph (4)(b) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance in which the land is vested ”; and

(c)in sub-paragraph (4)(c) for the words from “Church Commissioners” to the end there shall be substituted the words “ Diocesan Board of Finance out of any money held by it ”.

Commencement Information

I51Sch. 5 para. 31 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

Section 15

SCHEDULE 6ERepeals

Commencement Information

I52Sch. 6 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops

MeasureExtent of repeal
1976 No. 4, Endowments and Glebe Measure 1976In section 36, subsection (2).
1983 No. 1, Pastoral Measure 1983Section 91.
2000 No. 1, Church of England (Miscellaneous Provisions) Measure 2000

In Schedule 1, paragraph 7.

In Schedule 2, paragraphs 4(b) and 5(a).

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