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Repair of Benefice Buildings Measure 1972

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4 Reports by diocesan surveyors.E

(1)On every such inspection as aforesaid of the buildings of a benefice, the diocesan surveyor shall make a report to the Board—

(a)stating what repairs are required, specifying them in detail and estimating their cost, and stating whether they should be executed immediately or otherwise;

(b)specifying any repairs to a parsonage house which are in his opinion necessary by reason of damage caused or aggravated by any deliberate act of the incumbent or a previous incumbent or any default in his duties under section 13 of this Measure, and estimating the cost of executing those repairs or, in case of aggravation, the additional cost attributable to the act or default;

(c)stating whether any improvements to a parsonage house appear to him expedient and, if an estimate appears to him practicable and useful, estimating their cost;

(d)stating whether in his opinion a parsonage house should be replaced;

(e)stating whether any outbuilding of a parsonage house . . . F1 appears to him to be superfluous and, if an estimate appears to him practicable and useful, estimating the cost of demolition;

(f)commenting on the state of the interior decoration of any parsonage house and the state of fixtures and things in any building of the benefice which belong to the benefice;

(g)advising on the respective amounts for which the buildings of the benefice should be insured under this Measure, and specifying any special risks to which they are liable.

(2)Where a diocesan surveyor reports that any outbuilding of a parsonage house . . . F1 appears to him to be superfluous, it shall not be necessary for him to specify what repairs to the building are required.

(3)On the first inspection of the buildings of a benefice under this Measure, the diocesan surveyor shall attach to his report a list of the fixtures and things in any such building which belong to the benefice, and a list of the trees of a parsonage house which in his opinion (after taking such expert advice, if any, as he thinks fit) ought to be preserved, and on subsequent inspections he shall make such additions to and amendments of the lists as may be necessary.

(4)The Board shall cause a copy of the report to be sent to the incumbent together with a notice stating his right to make representations and the date by which the representations must be made, which shall not be less than one month from the date on which the notice is sent.

(5)The Board shall consider any representations duly made by the incumbent and, if the incumbent so desires, give him an opportunity of meeting the Board or (at the discretion of the Board) a committee or representative of the Board, and the Board may make by their members such inspections as they think fit and may obtain such professional or other advice as they may require.

(6)If no representations are made within the period allowed by the notice, then on the expiration of that period, or if representations are made, after the consideration thereof, the Board shall confirm the report of the diocesan surveyor without variation or with such variation as the Board may in its discretion decide, and the Board shall thereupon notify the incumbent of any such variation, and references in the following provisions of this Measure to the report of the diocesan surveyor shall be construed as references to the report as confirmed:

Provided that, if the Board propose to vary the report otherwise than for the purpose of giving effect to representations of the incumbent, they shall give him an opportunity of making representations with respect to the proposal and the last preceding subsection shall apply to any such representations.

(7)Where the report specifies any repairs under subsection (1)(b) in respect of the act or default of a previous incumbent, the last three subsections shall have effect as if the references to the incumbent included references to that previous incumbent or his personal representative.

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