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Ecclesiastical Offices (Terms of Service) Measure 2009

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7Transactions by relevant housing providers relating to houses of residenceE

(1)Subject to section 6(4) above, in this Measure a “regulated transaction” means—

(a)any disposal of a house of residence or exchange of a house of residence for another house of residence;

(b)any works or other activity carried out to improve, demolish, reduce, enlarge or otherwise alter a house of residence or any part thereof; and

(c)in the case of a house of residence for an archbishop or a diocesan bishop, any acquisition (including any acquisition by gift) of a house or land intended for the provision of a new house of residence or of land for the provision of access to or for the improvement of the amenities of a house of residence or the erection of a new house of residence on land already owned by the relevant housing provider.

(2)Before carrying out a regulated transaction a relevant housing provider shall serve notice, in accordance with Regulations, on—

(a)any office holder in occupation of a house of residence or, in the case of an acquisition of a house or land intended for the provision of a new house of residence, any office holder for whom the house of residence is to be provided and, in the case of a team ministry, on every person serving in the team ministry;

(b)the bishop of the diocese in which the house of residence or other land is situated unless the bishop is the office holder referred to in paragraph (a) above; and

(c)in the case of a house of residence for a diocesan bishop, the bishop's council and standing committee.

(3)Any person or body on whom notice is served of a regulated transaction under subsection (2) above shall have the right to object to the transaction in accordance with Regulations.

(4)Unless subsection (7) below applies, before carrying out a regulated transaction to which subsection (5) below applies a relevant housing provider must—

(a)if the relevant housing provider is not the Commissioners, obtain the consent of the Commissioners, or

(b)if the relevant housing provider is the Commissioners, obtain the consent of the Archbishops' Council.

(5)This subsection applies to any disposal, purchase or exchange which—

(a)is to or from a connected person or a trustee for or nominee of a connected person, or

(b)is not made on terms which a qualified surveyor has recommended are the best that can reasonably be obtained for the relevant housing provider.

(6)In this section—

(a)connected person” means—

(i)any office holder in occupation of the house of residence or for whom the house of residence is to be provided,

(ii)the relevant housing provider or any member, officer, agent or employee thereof; and

(iii)a spouse, civil partner, child, parent, grandchild, grandparent, brother or sister of any person mentioned in sub-paragraph (i) or (ii) above; and

(b)qualified surveyor” means, in the case of a house of residence provided by the Board, the diocesan surveyor or, in the case of any other house of residence, a surveyor who is a member of the Royal Institution of Chartered Surveyors or, in the case of a surveyor appointed under a scheme made under the 1972 Measure before the coming into force of section 6 of the Church of England (Miscellaneous Provisions) Measure 2005 (2005 No. 3), a fit person appointed under the scheme.

(7)Before exercising any power to acquire or dispose of a house of residence the Chapter of a cathedral shall obtain the consent of the Commissioners and, in the case of a house which is allocated for the use of the holder of a dignity the right of presentation to which is vested in Her Majesty, of Her Majesty.

(8)The Commissioners may lend money to any other relevant housing provider on such terms as they think fit for the purposes of carrying out a regulated transaction.

(9)Schedule 1 to this Measure shall have effect in relation to the application of any money received by the Board in connection with a sale or exchange of a house of residence owned by it and to other matters relating to regulated transactions.

Commencement Information

I1S. 7 in force at 31.1.2011 by S.I. 2010/8, art. 2

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