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New Parishes Measure 1943

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Acquisition of land for church sites, &c.E+W+S+N.I.

13 Power of [F1Church Commissioners] to acquire land for churches, &c. E

(1)[F2Subject to subsections (1A) and (1B) below, the diocesan board of finance] may acquire by way of gift, devise or purchase, . . . F3

(a)[F4a church or a part of a church or any other building] fit to be used as or to be converted into a church;

(b)any land as a site for a new church or for a church to be substituted for an existing church, or for enlarging the site of an existing church;

[F5(bb)any building to be used as a [F6place of worship (other than a church) or] church hall or both as a church or other place of worship and as a church hall or any land for the site of a building to be so used or for enlarging the site of an existing building so used;]

(c) any land for providing a new or extending an existing churchyard or burial ground;

(d) any building or land for or for an extension of a house of residence for an incumbent F7...;

(e) any land required for providing access to or improving the amenities of any such church [F8or other place of worship], [F9church hall,] churchyard, burial ground or house of residence.

[F10(f) any land required for providing vehicle parking space for use in connection with any such church or other place of worship, church hall, churchyard or burial ground]

[F11(1A)The consent of the Commissioners shall be required to the exercise of any power to purchase buildings or land under subsection (1) unless—

(a)no person who is a connected person or a trustee for, or nominee of, a connected person is a party to the proposed transaction, and

(b)the person or body in whom or which, under section 16 of this Measure, the buildings or land are or is to vest has obtained and considered a written report on the proposed transaction from a qualified surveyor instructed by and acting exclusively for that person or body and decided that he, she or it is satisfied, having considered the surveyor's report, that the terms on which the transaction are proposed to be made are the best that can reasonably be obtained for that person or body.

(1B)In subsection (1A)—

(a)connected person ” means the incumbent, the bishop, the registered patron, any member, officer, agent or employee of the parochial church council of any parish within the benefice in question or of the diocesan board of finance or of the registered patron or the spouse or civil partner or any child, parent, grandparent, grandchild, brother or sister of any such person; and

(b)qualified surveyor ” means a person who is a member of the Royal Institution of Chartered Surveyors reasonably believed by the person or body in whom or which the buildings or land are or is to vest to have ability in, and experience of, the valuation of property of the particular kind, and in the particular area, concerned.”; ]

(2)The [F12diocesan board of finance] may accept gifts and bequests of money to be laid out in the purchase of land for any of the purposes aforesaid, . . . F13

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7Words in s. 13(1)(d) repealed (31.1.2011) by virtue of Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), s. 13(2), Sch. 3 (with s. 9); S.I. 2010/8, art. 2

Modifications etc. (not altering text)

C2The “Commissioners” means the Church Commissioners: Church Commissioners Measure 1947 (No. 2, SIF 21:8), s. 18(2)

14 Power of corporations &c., to give or grant land for sites of churches, &c. E

(1)It shall be lawful for any of the following bodies by way of gift or for valuable consideration, and notwithstanding that the consideration may not be the full consideration, to grant to the [F15diocesan board of finance] buildings or land for any of the purposes mentioned in the last foregoing section, that is to say—

(a)any corporation, whether lay, ecclesiastical or collegiate, and whether sole or aggregate;

[F16(b)any trustees for charitable purposes but (except in the case of an exempt charity within the meaning of the Charities Act 2011) only—

(i)with the sanction of an order of the Charity Commission, or

(ii)in accordance with such provisions of sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable;]

(c)in the case of buildings or land belonging to His Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall or belonging to a government department or held in trust for His Majesty for the purposes of a government department the appropriate authority, that is to say—

(i)in the case of land belonging to His Majesty in right of the Crown, the [F17Crown Estate Commissioners] or other government department having the management of the land in question, subject to the consent, in either case, of the Treasury;

(ii)in the case of land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(iii)in the case of land belonging to the Duchy of Cornwall, the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall;

(iv)in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, that department, with the consent of the Treasury.

[F18(1A)During a vacancy in a benefice the power under subsection (1) of this section which would have been exercisable by the incumbent of the benefice had the benefice been full, shall be exercisable by the bishop.]

[F19(2)Where the grantor is the incumbent of a benefice in his capacity as such, or where during a vacancy in a benefice the grantor is the bishop, the purchase money shall be paid to the [F20diocesan board of finance] and shall be appropriated by [F20it ] for the benefit of the diocesan stipends fund.]

(3) It shall be lawful . . . F21 for the [F22 diocesan board of finance ] to hold any property real or personal for any such purpose as aforesaid . . . F23 .

[F24(3A) The powers conferred by this section to grant buildings or land shall apply to grants to a Parsonages Board for the diocese for the purposes of its functions under the Ecclesiastical Offices (Terms of Service) Measure 2009 (2009 No. 1) as they apply to grants to the diocesan board of finance.

(3B)Where any buildings or land vested in the diocesan board of finance are or is to be appropriated to any of the uses specified in section 13(1) the board shall execute a declaration specifying that use and, thereupon, the buildings or land to which the declaration relates shall vest in the incumbent or diocesan authority, as the case may be, in accordance with section 16.]

[F25[F26(4)Section 337 of the Charities Act 2011 (provisions as to orders under that Act) applies to any order under subsection (1)(b) as it applies to orders under that Act.]]

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Amendments (Textual)

F16S. 14(1)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 9(1) (with s. 20(2), Sch. 8)

F25S. 14(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 9(2) (with s. 20(2), Sch. 8)

F26S. 14(4) added (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 3(3)

Modifications etc. (not altering text)

15 Provisions as to land subject to rights of common or to rents or other periodical charges. E+W+S+N.I.

F27(1)Where the land to be acquired by the [F28diocesan board of finance] for any of the purposes mentioned in section thirteen of this Measure forms part of any common or of the waste of any manor, the lord of the manor may grant the land, and the conveyance thereof shall be effectual for vesting in the Commissioners the fee simple of the land as if every person having any right of common in or over the land had joined in the conveyance;

Provided that no such grant shall be made [F27 without the consent of the Secretary of State and sections 39 and 40 of the Commons Act 2006 apply in relation to an application for such consent as they apply in relation to an application for consent under section 38(1) of that Act. ]

(2)Where it appears to the [F29Secretary of State] that any rights of common will be substantially affected, he shall as a condition of giving his consent require that compensation shall be paid to the persons entitled to such rights, and in such case sections ninety-nine to one hundred and seven of the M1Lands Clauses Consolidation Act 1845 shall be incorporated with this Measure and shall apply as if the [F28diocesan board of finance] were the promoters of the undertaking.

(3)Where the land to be acquired by the [F28diocesan board of finance] for any of the purposes aforesaid forms part of land subject to any rent or other annual or recurring charge and it appears to the [F28diocesan board of finance] and the grantor of the land that the part of the land to be retained is of ample value to bear the said rent or charge, the part to be granted to the [F28diocesan board of finance] may be conveyed to [F30it] free from the rent or charge, and the remaining part shall continue to be liable therefor in the same manner as the whole land was originally liable, and the [F28diocesan board of finance] [F30 is ] hereby authorised to do all such acts as may be necessary to give effect to this provision.

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Amendments (Textual)

F27Words in s. 15(1) substituted (1.10.2007 for E., 1.4.2012 for W) by Commons Act 2006 (c. 26), s. 56, Sch. 4 para. 5 (with s. 60); S.I. 2007/2584, art. 2(d)(i) (with art. 3); S.I. 2012/739, art. 2(h)(i) (with s. 60)

F29Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200), art. 3(3); 1965/143, art. 3(1)(a), Sch.; 1967/156, art. 3(1) and 1970/1681, art. 6(3)

Modifications etc. (not altering text)

Marginal Citations

[F3116 Vesting of land acquired by the [F32 diocesan board of finance ] . E

(1) Where any land or building acquired after the passing of the M2 Church Property (Miscellaneous Provisions) Measure 1960 under section thirteen or section fourteen of this Measure is—

(a)a church or a part of a church or a building fit to be used as or to be converted into a church,

(b)land acquired as a site for a new church or for a church to be substituted for an existing church, or for enlarging the site of an existing church,

(c)land for providing a new or extending an existing churchyard or burial ground, or

(d)land required for providing access to or improving the amenities of any church, churchyard or burial ground,

the land or building shall vest in the incumbent for the time being of the parish in which the land or building is situated:

Provided that, if the area in which any such land or building is situated is subsequently constituted a new parish under this Measure, the land or building shall thereupon vest in the incumbent for the time being of that new parish, unless the scheme constituting the parish otherwise provides.

F33 [F34( 1A )] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where any land or building acquired under the said sections thirteen or fourteen is—

(a) land or a building for a house of residence for an incumbent . . . F35 ,

(b)land for an extension of such a house of residence,

(c)land required for providing access to or improving the amenities of any such house of residence,

the land or building shall vest in the incumbent for the time being of the parish in which it is situated . . . F36 .

[F37(3)Where any building or land acquired under section 13 of this Measure is—

[F38(a)a building to be used as a [F39place of worship (other than a church) or] church hall or both as a church or other place of worship and as a church hall;

(b)land for the site of a building to be so used or for enlarging the site of an existing building so used;

(bb)land required for providing access to or for improving the amenities of a building which is to be, or is, so used;]

F40(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41(e)land required for providing vehicle parking space for use in connection with a church or other place of worship, church hall, churchyard or burial ground]

and that building or land, or any part thereof, is, with the consent of the diocesan authority, designated in the conveyance under which the building or land is so acquired as vesting in that authority, it shall vest in that authority accordingly.]

(4) The parochial church council of the ecclesiastical district in which any land or building designated under the preceding subsection is for the time being situated shall keep the diocesan authority indemnified in respect of the matters referred to in paragraphs (a) to (d) of subsection (4) of section six of the M3 Parochial Church Councils (Powers) Measure 1956.

[F42(5) In this section “ diocesan authority ” means the body which is for the time being authorised by the relevant diocesan synod to act as trustees of the trust property of the diocese or, if there is no such body, the diocesan board of finance. ]]

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Amendments (Textual)

F41S. 16(3)(e) and word preceding it inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(b)(ii)(B);Instrument dated 27.5.1992 by Archbishops of Canterbury and York.

Modifications etc. (not altering text)

Marginal Citations

[F4317 Powers of dealing with land no longer required for purpose for which acquired. E

(1)Subject to the provisions of this section, it shall be lawful for the owner of any land or building which before or after the passing of this Measure was acquired by [F44the Commissioners, the Church Building Commissioners or a diocesan board of finance], whether for valuable consideration or by way of gift, for any of the purposes mentioned in paragraphs (a), (b), (bb), [F45(c) [F46, (e) or (f)]] of subsection (1) of section thirteen of this Measure:—

(a)to sell that land or building or any part thereof;

(b)to exchange that land or building or any part thereof for any other land or building more suitable for the purpose for which the original land or building was acquired and to receive or pay money by way of equality of exchange;

(c) to appropriate or transfer that land or building or any part thereof to or for any ecclesiastical purpose for the benefit of the ecclesiastical district in which the land or building is situated, or for any educational charitable or public purpose relating to that district; . . . F47

[F48(cc)[F49except in the case of land or a building vested in the diocesan board of finance,]if the Diocesan Board of Finance for the diocese in which that land or building is situated agrees to accept the transfer, to transfer that land or building or any part thereof to that Board, the land or building or part thereof to be held by the Board as part of the diocesan glebe land of the diocese; and]

(d)where that land or building was acquired by way of gift, to reconvey it or any part thereof to the grantor or his successors in title without consideration:

Provided that no such sale, exchange, appropriation, transfer or reconveyance shall be made without the following consents, that is to say—

(i)in relation to any land or building vested in the Commissioners, the consent of the incumbent, if any, and the bishop; F50...

(ii)in relation to any land or building which has vested in an incumbent, the consent of F51... the bishop,F51...[F52and]

[F53(iii)where the sale, exchange, appropriation, transfer or reconveyance takes place in the circumstances mentioned in subsection (1A), the consent of the Commissioners]

[F54(1A)The circumstances referred to in paragraph (iii) of the Proviso to subsection (1) are that a person who is a connected person within the meaning of section 13(1B) or a trustee for, or nominee of, a connected person is a party to the transaction or that the person or body carrying out the transaction has not obtained and considered a written report on the proposed transaction from a qualified surveyor instructed by and acting exclusively for that person or body or having obtained such a report, has not decided that he, she or it is satisfied, having considered the surveyor's report, that the terms on which the transaction are proposed to be made are the best that can reasonably be obtained for that person or body.]

[F55(1B)Where land or a building is vested in the diocesan board of finance the board may execute a declaration stating that, from the date of the declaration, the land or building is to be held as part of the diocesan glebe land of the diocese.]

F56( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where any such land or building as aforesaid was acquired by way of gift or for a nominal consideration it shall not be appropriated or transferred under paragraph (c) [F57or (cc)] of subsection (1) of this section without the consent of the grantor or his successor in title:

Provided that no such consent shall be necessary—

(a)where land is appropriated or transferred for the widening of a highway, or

(b)where the [F58diocesan board of finance is ] satisfied that it is not reasonably practicable to apply for the said consent, and a certificate to that effect sealed by the [F58diocesan board of finance] shall be sufficient evidence of that fact.

(4)Where any land or building is sold under this section the proceeds of the sale shall be paid to the [F59diocesan board of finance ] and shall be applied by [F59it] to such purposes, being purposes for the benefit of the benefice of the ecclesiastical district in which the land or building is situate or charitable purposes relating to that district, as may be agreed between the [F59diocesan board of finance ] and the bishop after consultation with the owner.

(5)Nothing in this section shall authorise the sale or disposal of any consecrated land or affect the jurisdiction of the Consistory Court.

(6) Nothing in this Measure shall restrict or limit the powers of sale or disposal conferred by . . . F60 the Parsonages Measures 1938 to 1947 . . . F60 .

(7) In this section the expression “ owner ”, in relation to any land or building, means:—

(i)the Commissioners, if the land or building is vested in them,

[F61(ia)the diocesan board of finance, if the land or building is vested in it,]

(ii)the incumbent, if the land or building is vested in the incumbent for the time being, or

(iii)during a vacancy in the benefice occurring after the land or building has vested in the incumbent, the bishop.]

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Amendments (Textual)

F56S. 17(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Modifications etc. (not altering text)

18 Exemption from stamp duty. E+W+S+N.I.

No deed of gift, grant, security, contract, agreement conveyance or other instrument made for any of the purposes mentioned in this Measure or under any of the provisions mentioned in this Measure, or for carrying into execution any powers, regulations or provisions thereof or therein mentioned shall be liable to stamp duty.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

F6319 Instruments required to be sealed by [F62Church Commissioners.]E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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