PART 5GENERAL

Special cases

84Church of England land

(1)

Where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given to a person as occupier of, or owner of an estate or interest in, land which is Church of England land, a copy of the document must also be given to the appropriate Diocesan Board of Finance.

(2)

Compensation payable under section 33 or 50 to a person by virtue of the person having the freehold estate in land which is Church of England land must (where the estate is vested in a person other than the appropriate Diocesan Board of Finance)—

(a)

be paid to the appropriate Diocesan Board of Finance, and

(b)

be applied by that Board for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Church Measure authorising, or disposing of the proceeds of, such a sale.

(3)

Where Church of England land is vested in the incumbent of an ecclesiastical benefice which is vacant, the land is to be treated for the purposes of this Act as being vested in the appropriate Diocesan Board of Finance.

(4)

Where—

(a)

subsection (3) does not apply, and

(b)

a person is liable to pay a sum under this Act, either as owner or as a contributory, by virtue of the freehold estate in land belonging to an ecclesiastical benefice being vested in the person,

the appropriate Diocesan Board of Finance may apply any sums held by it in discharging the whole or any part of that liability.

(5)

In this section—

“appropriate Diocesan Board of Finance” (“Bwrdd Cyllid Esgobaethol priodol”), in relation to any land, means the Diocesan Board of Finance for the diocese in which the land is situated;

“Church of England land” (“tir Eglwys Loegr”) means land which—

(a)

belongs to an ecclesiastical benefice,

(b)

is or forms part of a church subject to the jurisdiction of a bishop of a diocese of the Church of England or the site of such a church, or

(c)

is or forms part of a burial ground subject to the jurisdiction of such a bishop;

“Church Measure” (“Mesur gan Eglwys Loegr”) means a Measure of the Church Assembly or the General Synod of the Church of England;

“ecclesiastical benefice” (“bywoliaeth eglwysig”) means an ecclesiastical benefice of the Church of England.