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New Parishes Measure 1943

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Commencement Orders yet to be applied to the New Parishes Measure 1943

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This section lists the commencement orders yet to be applied to the whole Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Measure you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Measure into force:

[F116 Vesting of land acquired by the Commissioners. E

(1)Where any land or building acquired after the passing of the M1Church 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.

[F2(1A)Where at the passing of the Church of England (Miscellaneous Provisions) Measure 1992, any land or building is held by the Commissioners for any of the purposes mentioned in paragraph (a), (b) or (c) of subsection (1) of section 13 of this Measure (being land or a building acquired for that purpose before the passing of the Church Property (Miscellaneous Provisions) Measure 1960), the land or building shall vest in the incumbent for the time being of the parish in which the land or building is situated.]

(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 . . . F3,

(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 . . . F4.

[F5(3)Where any building or land acquired under section 13 of this Measure is—

[F6(a)a building to be used as a [F7place 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;]

(c)a building or land for, or for the extension of, a house of residence for an ecclesiastical person other than an incumbent; or

(d)land required for providing access to or improving the amenities of such a house; [F8or

(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 M2Parochial Church Councils (Powers) Measure 1956.

[F9(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)

F8S. 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

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