Search Legislation

Church Property Measure 2018

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 8

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Church Property Measure 2018, Section 8. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

8Transfer to DBFE

(1)This section applies where a DBF is of the opinion—

(a)that the parsonage house or the whole or part of any other parsonage land of a benefice in the diocese is not required as the incumbent's official residence or for his or her convenient occupation, and

(b)that the house or other land should be transferred to the DBF.

(2)The DBF must notify each of the following of the right to make within one month of the notification representations to the Church Commissioners on the proposed transfer—

(a)the PCC of each parish belonging to the benefice;

(b)the incumbent or sequestrators of the benefice;

(c)if there is a team ministry for the benefice, every member of the team.

(3)After considering any representations made in accordance with subsection (2), the Commissioners must notify the DBF and each of the persons mentioned in that subsection of their decision on the representations and the reasons for that decision.

(4)If no representations are made in accordance with subsection (2) or the Commissioners decide that the proposed transfer should take place in spite of any representations so made, the bishop of the diocese may by order under his or her seal provide for the transfer of the land concerned to the DBF on the date specified for that purpose in the order (“the transfer date”).

(5)A transfer under this section accordingly takes effect on the transfer date; and on that date, without the need for a deed or other document, the land is vested in the DBF—

(a)subject to and with the benefit of any tenancies, covenants, conditions, agreements, easements or rights to which the land was subject, and of which it had the benefit, immediately before the transfer date, and

(b)if the order so provides, subject to all rights which are necessary for the benefit of other parsonage land of the benefice or church land, and

(c)if the order so provides, with the benefit of all rights over other parsonage land of the benefice or church land which are necessary for the benefit of the land transferred.

(6)Land which vests in a DBF under this section is held by that DBF as part of the diocesan glebe land.

(7)A reference in subsection (5) to a right which is necessary for the benefit of land is a reference to a right in the nature of an easement which is necessary for the reasonable enjoyment of that land and which was exercisable by the incumbent in right of his or her benefice.

(8)Where an order under subsection (4) includes provision of the kind referred to in subsection (5)(b), the rights specified in that provision in the order take effect on the transfer date as legal easements appurtenant to the land so specified.

(9)An order under subsection (4) may specify a tenancy, covenant, condition, agreement, easement or other right subject to which, or with the benefit of which, the land vests in the DBF under this section.

(10)The bishop of a diocese may by order under his or her seal remedy a defect in or omission from an order under subsection (4) or an order under this subsection.

(11)An order under this section may make incidental or supplementary provision.

Commencement Information

I1S. 8 in force at 1.3.2019 by S.I. 2019/97, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources