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Church of England (Miscellaneous Provisions) Measure 2006

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SCHEDULES

Section 1

SCHEDULE 1EAmendment of Parsonages Measure 1938

1The Parsonages Measure 1938 (1 & 2 Geo. 6 No. 3) shall be amended as follows.E

2In section 1(4) after the words “subsection (1)” there shall be inserted the words “ or (1A) ” and after the words “this Measure”, where they first occur, there shall be inserted the words “ or under section 31 or 37 of the Pastoral Measure 1983 ”.E

3In section 1(5) the words “in the first instance” and all the words after “purchaser” to the end shall be omitted.E

4In section 3(1) for the words “the prescribed”, in the first place where they occur, there shall be substituted the word “ written ” and after the word “benefice”, in the second place where it occurs, there shall be inserted the words “ stating that representations may be made within the prescribed time ”.E

5For section 5 there shall be substituted the following section—E

5Application of moneys derived from sales

(1)The Board shall apply any moneys arising from any sale or exchange under this Measure of any part of the property of a benefice for the purposes set out below in the following order of priority—

(a)in payment of the costs, charges and expenses of such a sale or exchange;

(b)in or towards repayment of any money expended with the previous consent of the Board for the purpose of rendering the property sold or exchanged more readily saleable or exchangeable;

(c)where the property sold or exchanged has been purchased, built or improved wholly or in part by means of a loan from or on the security of a mortgage or charge in favour of the Church Commissioners, in or towards repayment of any principal money or interest owing on such loan, mortgage or charge;

(d)where the property sold or exchanged has been purchased wholly or in part by means of a loan under section 17 of this Measure, in or towards the repayment of that loan;

(e)to the extent that the income derived from any money arising from the sale or exchange of the property sold or exchanged pending the application of the money under paragraphs (a) to (d) above shall be insufficient for this purpose, with the prior consent of the bishop and the Board, in or towards payment to the incumbent of the benefice in question of the whole or part of the expenses reasonably incurred in respect of removal from one residence house to another, the storage of the furniture and any rent paid for any temporary residence pending occupation of the new residence house;

(f)in or towards repayment to the incumbent of such amounts as may have been paid to the Church Commissioners in reduction of any loan made by them for or towards the erection or purchase of a residence house;

(g)in or towards repaying the Church Commissioners the whole or part of any grant made by them for or towards the erection or purchase of a residence house;

(h)for or towards the exercise of any powers contained in sections 2(1)(i) and (ii) and 2A(1) of this Measure; and

(i)in allocation of it to the capital account of the diocesan stipends fund of the diocese to which the benefice belongs or to the pastoral account of that diocese, or partly to the one and partly to the other, as the Diocesan Board of Finance may determine.

(2)The Board shall provide the Church Commissioners with such information as they may require concerning transactions under this Measure affecting property.

(3)As soon as practicable after the coming into force of Schedule 1 to the Church of England (Miscellaneous Provisions) Measure 2006 the Church Commissioners shall transfer to the Diocesan Board of Finance for the diocese to which the benefice belongs any sums held by them in connection with the sale or exchange of property of a benefice under this Measure..

6In section 6 the words after the word “accumulation” to the end shall be omitted.E

7In section 7 for the words “the prescribed” there shall be substituted the word “ written ”, after the word “affected” there shall be inserted the word “ and ”, the words “and to the Church Commissioners” shall be omitted, for the words “5(1)(ii) or (3)” there shall be substituted the words “ 5(1)(h) or (i) ” and after the word “Measure”, in the second place where it occurs, there shall be inserted the words “ stating that representations may be made within the prescribed time ”.E

8In section 9(4) for the words “Church Commissioners”, in the second place where they occur, there shall be substituted the word “ Board ”.E

9In section 15(6) after the word “above” there shall be inserted the word “ be ”.E

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.E

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—E

(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..

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

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.

Section 10

SCHEDULE 3EAmendment of Endowments and Glebe Measure 1976

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

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 ”.E

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

4In section 19A—E

(a)for subsection (2) there shall be substituted the following subsection—

(2)Any such subsidiary shall, subject to the provisions of the scheme, have, with respect to the holding, managing and dealing with such diocesan glebe land as may be specified in the scheme or from time to time held by it, the same powers and duties as the Diocesan Board of Finance has with respect to diocesan glebe land held by the Board.; and

(b)after subsection (2) there shall be added the following subsection—

(3)Any such subsidiary may—

(a)with the consent of the Diocesan Board of Finance acquire land to be held as part of the diocesan glebe land of the diocese; and

(b)with the consent of the Diocesan Board of Finance appropriate for use as diocesan glebe land of the diocese any land vested in the subsidiary and any land appropriated under this subsection shall be held by the subsidiary as part of such land..

5In section 20—E

(a)in subsection (2B)(b) after the words “would not be” there shall be inserted the word “ in ”;

(b)in subsection (8) the words “under subsection (7) above” shall be omitted; and

(c)in subsection (11) for the words “by a person duly authorised by the Board or the subsidiary” there shall be substituted the words “ or its subsidiary by a person duly authorised by the Board or its subsidiary, as the case may be, ”.

6In section 45(1)—E

(a)in the definition of “diocesan glebe land” after the words “Board of Finance” and the word “Board” there shall be inserted, in each case, the words “ or its subsidiary ”; and

(b)in the definition of “parsonage land”—

(i)in paragraph (d) for the word “Commissioners” there shall be substituted the words “ Diocesan Board of Finance ”; and

(ii)in paragraph (f) after the word “given” there shall be added the words “ or is not required by virtue of section 1(3A) of that Measure ”.

Section 12

SCHEDULE 4EAmendment of Pastoral Measure 1983

1The Pastoral Measure 1983 (1983 No. 1) shall be amended as follows.E

2In section 4(2) for the words following the words “informing him” to the end of the subsection there shall be substituted the words “ that if the Commissioners prepare a draft scheme or order to give effect to the proposals he will be given an opportunity of making representations with respect thereto ”.E

3In section 6—E

(a)in subsection (1) the words “Subject to subsection (2),” shall be omitted; and

(b)subsection (2) is hereby repealed.

4In section 7(2) the words “, other than subsection (2),” shall be omitted.E

5In section 59 after subsection (2A) there shall be inserted the following subsection—E

(2B)Where a redundancy scheme or pastoral scheme to which section 46 or 47 applies provides for land annexed or belonging to a redundant building or the whole or part of the site of a demolished building or land annexed or belonging thereto to be appropriated for any ecclesiastical purposes of the parish the land or site shall on the date when any such provision comes into operation vest in the diocesan board of finance without any conveyance or further assurance to be held on trust for the parochial church council for that parish to be used for the said purposes..

6In section 77(1)(b) the words “, after consultation with the Commissioners,” shall be omitted.E

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—E

(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..

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 ”.E

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

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

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 ”.E

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

5In Schedule 2—E

(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 ”.

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

6In section 42 —E

(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 ”.

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 ”.E

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

8In section 34—E

(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 ”.

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

9In section 51—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 ”;

(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 ”.

Harbours Act 1964 (c. 40)E

10In section 49—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 ”;

(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 ”.

Gas Act 1965 (c. 36)E

11In section 26—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 ”;

(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 ”.

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.

Commons Registration Act 1965 (c. 64)E

13In section 19(1)(g) for the words “Church Commissioners” there shall be substituted the words “ the Diocesan Board of Finance for the diocese in which the land is situated ” and any Regulations made under that section shall have effect accordingly.E

Forestry Act 1967 (c. 10)E

14In paragraph 3 of Schedule 2 —E

(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..

Leasehold Reform Act 1967 (c. 88)E

15In section 31—E

(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 ”.

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

16In section 31 —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 ”;

(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 ”.

Agriculture Act 1970 (c. 40)E

17In section 61—E

(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.

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.

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 ”.E

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

20In section 51—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 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 ”.

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 ”.

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 ”.

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 ”.

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.

Administration of Justice Act 1982 (c. 53)E

25In section 41—E

(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 ”.

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

26In section 318—E

(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.

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

27In section 86—E

(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.

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

28In section 34—E

(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.

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 ”.

Water Resources Act 1991 (c. 57)E

30In section 67—E

(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 ”.

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

31In paragraph 8 of Schedule 2—E

(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 ”.

Section 15

SCHEDULE 6ERepeals

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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