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Water Resources Act 1991

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67 Ecclesiastical property.E+W

(1)Where the relevant land [F1belongs to a benefice] [F1is vested in the incumbent of a benefice] [F2or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land]

(a)an application for a licence under this Chapter may be made by the [F3Church Commissioners] [F3Diocesan Board of Finance for the diocese in which the land is situated] if the benefice is for the time being vacant; and

(b)any reference in this Chapter to the applicant for a licence shall be construed—

(i)in relation to any time when the benefice in question is vacant, as a reference to the [F3Church Commissioners] [F3Diocesan Board of Finance for the diocese in which the land is situated]; and

(ii)in relation to any time when there is an incumbent of the benefice, as a reference to that incumbent.

(2)Where the relevant land [F4belongs to a benefice] [F4is vested in the incumbent of a benefice] [F2or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land] , any licence under this Chapter shall provide that (notwithstanding anything in the preceding provisions of this Chapter) whoever is for the time being the incumbent of the benefice shall be the holder of the licence.

(3)Where a licence under this Chapter provides as mentioned in subsection (2) above—

(a)the licence shall not be required to specify the person to whom the licence is granted; and

(b)the licence shall be deemed to be held by the [F5Church Commissioners] [F5Diocesan Board of Finance for the diocese in which the land is situated] at any time when the benefice in question is vacant.

(4)So much of any compensation falling to be paid under this Chapter as is payable—

(a)in respect of damage to land which is ecclesiastical property and to the owner of the fee simple in the land; or

(b)in respect of depreciation of the value of the fee simple in land which is ecclesiastical property,

shall be paid (where the fee simple is vested in any person other than the [F6Church Commissioners] [F6Diocesan Board of Finance for the diocese in which the land is situated] ) to [F7them] [F7it] , instead of to the person in whom the fee simple is vested.

(5)Any sums paid under subsection (4) above to the [F8Church Commissioners] [F8Diocesan Board of Finance] with reference to any land shall—

(a)if the land is not consecrated, be applied by [F8them] [F8it] for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale; and

(b)if the land is consecrated, be applied by [F8them] [F8it] [F8in such manner as they may determine] [F8as if the land had been sold under the Pastoral Measure 1983 ] .

(6)Where—

(a)[F9the Church Commissioners] [F9a Diocesan Board of Finance is] are required, by virtue of subsection (3)(b) above, to pay any fee or other charge in respect of a licence under this Chapter; and

(b)any moneys are then payable by the [F10Commissioners] [F10Board] to the incumbent of the benefice in question or subsequently become so payable,

the [F10Commissioners] [F10Board] shall be entitled to retain out of those moneys an amount not exceeding the amount of that fee or other charge.

(7)Where under any provision of this Chapter a document is required to be served on an owner of land and the land is ecclesiastical property, a copy of the document shall be served on the [F11Church Commissioners] [F11Diocesan Board of Finance for the diocese in which the land is situated] .

(8)In this section —

  • benefice” means an ecclesiastical benefice of the Church of England;

  • ecclesiastical property” means land which—

    (a)

    belongs to a benefice;

    (b)

    is or forms part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject; or

    (c)

    is or forms part of a burial ground so subject;

    and

  • the relevant land”, in relation to a licence under this Chapter or an application for such a licence, means—

    (a)

    [F12the land to which an applicant for a licence to abstract water is required by section 35 above to have a right of access; or]

    (b)

    in the case of a licence for the purposes of section 25 above or an application for such a licence—

    (i)

    the land on which any part of the impounding works [F13is, or] is to be, or is proposed to be, constructed; or

    (ii)

    in relation to an alteration of impounding works, the land on which any part of those works is situated or is to be, or is proposed to be, situated.

Textual Amendments

F1Words in s. 67(1) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(b); 2006 No. 2, Instrument made by Archbishops

F2Words in s. 67(1)(2) inserted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 8(2); S.I. 2006/984, art. 2(s)(i)

F3Words in s. 67(1) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(a); 2006 No. 2, Instrument made by Archbishops

F4Words in s. 67(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(b); 2006 No. 2, Instrument made by Archbishops

F5Words in s. 67(3) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(a); 2006 No. 2, Instrument made by Archbishops

F6Words in s. 67(4) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(a); 2006 No. 2, Instrument made by Archbishops

F7Word in s. 67(4) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(c); 2006 No. 2, Instrument made by Archbishops

F8Words in s. 67(5) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(d); 2006 No. 2, Instrument made by Archbishops

F9Words in s. 67(6)(a) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(e); 2006 No. 2, Instrument made by Archbishops

F10Words in s. 67(6) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(f); 2006 No. 2, Instrument made by Archbishops

F11Words in s. 67(7) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 30(a); 2006 No. 2, Instrument made by Archbishops

F12Words in s. 67(8) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 8(3); S.I. 2006/984, art. 2(s)(i)

F13Words in s. 67(8) inserted (1.4.2006) by Water Act 2003 (c. 37), ss. 2(8), 105(3) (with s. 2(10)); S.I. 2006/984, art. 2(b) (with Sch. para. 2)

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