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Parsonages Measure 1938

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9 Assurances.E

(1)Land (including Buildings) sold [F1purchased or exchanged] under this Measure shall conveyed by or to the incumbent of the benefice affected in his affected in his corporate capacity, and so that—

(i)during a vacancy the bishop shall have power to convey or to take under a conveyance in the name and on behalf of the incumbent of the benefice in his corporate capacity, and no conveyance so made or taken shall on the vacancy being filled be capable of being disclaimed or renounced by any incumbent succeeding to the benefice: . . . F2

(ii) . . . F2

(2)[F3The sealing by the Board of any conveyance]excuted under this Measure shall be conclusive evidence that all the requirements of this Measure with respect to the transaction carried out by such conveyance have been complied with.

[F4(2A)A statement in a document signed by the secretary or other duly authorised officer of the Commissioners that the Commissioners have consented to the terms of any transaction under this Measure affecting property which is specified in the document shall be conclusive evidence that they have consented to those terms.

(2B)A statement in a document giving effect to any transaction under this Measure that the consent of the Commissioners or the Board or both to the terms of the transaction is not required under section 1(3)(ii) above shall, if the document is sealed with the seal of the Board or is signed on behalf of the Board by a person duly authorised by the Board, be conclusive evidence of that fact.]

[F5(2C)Where any transaction under this Measure affecting property does not contain a statement under subsection (2A) or (2B) above then in favour of a person who (whether under the transaction or afterwards) in good faith acquires an interest in the property for money or money's worth the disposition effected by the transaction shall be valid whether or not any consent of the Commissioners or the Board which was required to the transaction has been given.]

(3)Every conveyance of land (including buildings) purchased [F6or acquired by way of exchange] for a benefice under this Measure shall be registered in the prescribed manner in the registry of the diocese concerned.

(4)In any case where any land (including buildings) sold [F6or exchanged] under this Measure is subject to any mortgage or charge in favour of [F7the Church Commissioners], the conveyance thereof under this measure shall be effectual to pass the same discharged from such mortgage or charge, and such mortgage or charge shall attach to the purchase money arising on the sale [F8or to any money paid to the [F9Board] by way of equality of exchange and to the house acquired by way of exchange]

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Amendments (Textual)

F2Words, and s. 9(1)(ii) repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II

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