New Parishes Measure 1943 (repealed)

13 Power of [F1Church Commissioners] to acquire land for churches, &c. E

(1)[F2Subject to subsections (1A) and (1B) below, the diocesan board of finance] may acquire by way of gift, devise or purchase, . . . F3

(a)[F4a church or a part of a church or any other building] fit to be used as or to be converted into a church;

(b)any land 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;

[F5(bb)any building to be used as a [F6place of worship (other than a church) or] church hall or both as a church or other place of worship and as a church hall or any land for the site of a building to be so used or for enlarging the site of an existing building so used;]

(d) any building or land for or for an extension of a house of residence for an incumbent F7...;

(e) any land required for providing access to or improving the amenities of any such church [F8or other place of worship], [F9church hall,] churchyard, burial ground or house of residence.

[F10(f) any land required for providing vehicle parking space for use in connection with any such church or other place of worship, church hall, churchyard or burial ground]

[F11(1A)The consent of the Commissioners shall be required to the exercise of any power to purchase buildings or land under subsection (1) unless—

(a)no person who is a connected person or a trustee for, or nominee of, a connected person is a party to the proposed transaction, and

(b)the person or body in whom or which, under section 16 of this Measure, the buildings or land are or is to vest has obtained and considered a written report on the proposed transaction from a qualified surveyor instructed by and acting exclusively for that person or body and decided that he, she or it is satisfied, having considered the surveyor's report, that the terms on which the transaction are proposed to be made are the best that can reasonably be obtained for that person or body.

(1B)In subsection (1A)—

(a) “ connected person ” means the incumbent, the bishop, the registered patron, any member, officer, agent or employee of the parochial church council of any parish within the benefice in question or of the diocesan board of finance or of the registered patron or the spouse or civil partner or any child, parent, grandparent, grandchild, brother or sister of any such person; and

(b) “ qualified surveyor ” means a person who is a member of the Royal Institution of Chartered Surveyors reasonably believed by the person or body in whom or which the buildings or land are or is to vest to have ability in, and experience of, the valuation of property of the particular kind, and in the particular area, concerned.”; ]

(2)The [F12diocesan board of finance] may accept gifts and bequests of money to be laid out in the purchase of land for any of the purposes aforesaid, . . . F13

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words substituted by virtue of Church Commissioners Measure 1947 (No. 2, SIF 21:8), s. 18(2)

F2Words in s. 13(1) substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), s. 13(2), Sch. 1 para. 2(a); S.I. 2010/2, art. 3, Sch. 2

F3Words repealed by Charities Act 1960 (c. 58, SIF 19), Sch. 7 Pt. II

F4Words substituted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1, SIF 21:8), s. 5

F5S. 13(1)(bb) substituted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 1(1)(a)

F6Words in s. 13(1)(bb) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(a)(i);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.

F7Words in s. 13(1)(d) repealed (31.1.2011) by virtue of Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), s. 13(2), Sch. 3 (with s. 9); S.I. 2010/8, art. 2

F8Words in s. 13(1)(e) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(a)(ii);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.

F9Words inserted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 1(1)(b)

F10S. 13(1)(f) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(a)(iii);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.