Church Property Measure 2018

28 Acquisition of land E

(1) A DBF may acquire by purchase, exchange, gift or bequest—

(a) a church or part of a church;

(b) a building fit for use as or conversion into a church;

(c) land as a site for a new church or for enlarging the site of an existing church;

(d) a building to be used as a place of worship other than a church, or land as a site for a new building to be used as such or for a building to replace a building currently used as such or for enlarging the site of a building currently used as such;

(e) a building to be used as a church hall, or land as a site for a new church hall or for a building to replace an existing church hall or for enlarging the site of an existing church hall;

(f) a building to be used as both a church or other place of worship and a church hall, or land as a site for a building to be used as such or for enlarging the site of a building currently used as such;

(g) a building to replace a building currently used as both a place of worship other than a church and a church hall;

(h) land for the provision of a new churchyard or burial ground or for the enlargement of an existing churchyard or burial ground;

(i) a building to be used as a parsonage house, or land as a site for a new building to be used as such or for a building to replace a building currently so used or for enlarging the site of a building currently used as such;

(j) land for occupation as a garden with a parsonage house or with a building to be used as such or for the enlargement of land currently occupied as such;

(k) land for the provision of access to, or for improving the amenities of, a church or other place of worship, a church hall, a building used as both a church or other place of worship and a church hall, a churchyard or burial ground or a parsonage house;

(l) land for the provision of vehicle parking space for use in connection with a church or other place of worship, a church hall, a building used as both a church or other place of worship and a church hall, or a churchyard or burial ground.

(2) The power of purchase under subsection (1) may not be exercised without the consent of the Church Commissioners, unless the following two conditions are met.

(3) The first condition is that no person who is a party to the proposed transaction is a connected person or a trustee for or nominee of a connected person.

(4) The second condition is that the person in whom the building or other land is to be vested—

(a) has obtained a written report on the proposed transaction from a [F1 designated adviser] instructed by and acting exclusively for that person, and

(b) having considered the report, is satisfied that the terms of the proposed transaction are the best that can be reasonably obtained for that person.

(5) A DBF may accept a gift or bequest of money to be used for or put towards the purchase of land for a purpose specified in subsection (1).

(6) A DBF may hold any property (whether real or personal) for a purpose specified in subsection (1).

(7) Land held by a DBF may be appropriated for a purpose specified in subsection (1) but only if the DBF has executed a declaration specifying that use; and on the execution of a declaration to that effect, the land vests in the incumbent or relevant diocesan body in accordance with section 32.

Textual Amendments

F1 Words in s. 28(4)(a) substituted (17.5.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 16(4), 22(4); S.I. 2024/631, art. 2

Commencement Information

I1 S. 28 in force at 1.3.2019 by S.I. 2019/97, art. 2