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New Parishes Measure 1943

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[F116 Vesting of land acquired by the [F2 diocesan board of finance ] . E

(1) Where any land or building acquired after the passing of the M1 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.

F3 [F4( 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 . . . F5 ,

(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 . . . F6 .

[F7(3)Where any building or land acquired under section 13 of this Measure is—

[F8(a)a building to be used as a [F9place 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;]

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(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 M2 Parochial Church Councils (Powers) Measure 1956.

[F12(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)

F11S. 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.

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