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1List of buildings affected by the Measure

(1)It shall be the duty of the Council for the Care of Churches (hereinafter referred to as “the Council”) to compile and maintain, in accordance with the following provisions of this Measure, a list specifying the buildings which are to be affected by this Measure.

(2)Subject to subsection (5) below, any building falling within paragraphs (a) to (e) below shall, on application made in the prescribed manner, be eligible for inclusion in the list—

(a)a building which is subject to any peculiar jurisdiction and which is used for worship according to the rites and ceremonies of the Church of England;

(b)a building which is a chapel forming part of an episcopal house of residence;

(c)a building which is a chapel or other place of worship owned or leased by or held in trust for a religious community;

(d)a building (not being one falling within any of the foregoing paragraphs) which is part of a university, college, school, hospital, Inn of Court, almshouse or other public or charitable institution and of which the primary use is for worship according to the rites and ceremonies of the Church of England or for joint worship by members of the Church of England and other Churches;

(e)a building which is subject to a sharing agreement made on behalf of the Church of England in pursuance of the Sharing of [1969 c. 38.] Church Buildings Act 1969 and which is used for worship.

(3)Where an application is or has been made for the inclusion in the list of any building, an application may also be made for the inclusion in the list of an adjoining building which is used wholly or mainly as a vestry or sacristy.

(4)Where an application is or has been made for the inclusion in the list of a building which—

(a)falls within paragraph (a) or (e) of subsection (2) above (peculiars or shared churches), and

(b)is detached from any other building,

an application may also be made for the inclusion in the list of the curtilage of the building, of any monument within the curtilage or of any object or structure forming part of the land within the curtilage which is used wholly or mainly for purposes ancillary to the purposes for which the building is used, and references in the following provisions of this Measure to buildings included in the list shall be construed accordingly.

(5)A building—

(a)to which the [1990 No.2.] Care of Cathedrals Measure 1990 applies, or

(b)which is subject to the faculty jurisdiction of a consistory court, or

(c)which falls within paragraph (d), (e), (f) or (g) of Article 4 of the [S.I. 1994/1771.] Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994,

shall not be eligible to be included in the list.