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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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Commencement Orders bringing legislation that affects this Measure into force:

[F117 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 the Commissioners or the Church Building Commissioners, whether for valuable consideration or by way of gift, for any of the purposes mentioned in paragraphs (a), (b), (bb), [F2(c) [F3, (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; . . . F4

[F5(cc)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; and

(ii)in relation to any land or building which has vested in an incumbent, the consent of the Commissioners and the bishop, or, during a vacancy in the benefice, the consent of the Commissioners.and no person shall give his consent under this subsection unless he is satisfied that the land or building, or the part of the land or building concerned, is no longer required for the purpose for which it was acquired.

(2)Where any such land or building was acquired for valuable consideration before the passing of this Measure and has been held for less than twenty years, the owner shall, before offering the land or building for sale under the last foregoing subsection, offer to resell it to the person from whom it was acquired at such price as failing agreement may be determined by arbitration:

Provided that, if the person to whom it is offered refuses the offer or does not accept it within six weeks after it is made, the right of pre-emption shall cease, and a statutory declaration made by any officer of the Commissioners authorised by them for the purpose that the offer has been refused or not accepted within the time aforesaid shall be sufficient evidence of the facts stated therein.

(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) [F6or (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 Commissioners are satisfied that it is not reasonably practicable to apply for the said consent, and a certificate to that effect sealed by the Commissioners 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 Commissioners and shall be applied by them 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 Commissioners 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 . . . F7 the Parsonages Measures 1938 to 1947 . . . F7.

(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,

(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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