Part 6

Buildings closed for regular public worship

Vesting of property and other supplementary provisions

Rights of way and other easements
72
1
Where any land annexed or belonging to a church the whole or part of which is a building closed for regular public worship does not vest by virtue of this Measure, in the diocesan board of finance, the Commissioners or the Churches Conservation Trust, the pastoral (church buildings disposal) scheme or (in a case to which section 58 or 59 applies) the pastoral church buildings scheme may provide for conferring on any of the bodies in whom the building or the site of the building or any part of the building or site or any other land annexed or belonging to the church vests, such rights of way or other easements over or in the land not so vesting as appear to the Commissioners to be necessary—
a
to enable any property so vesting to be used for a use or uses specified or described in the pastoral church buildings scheme or the pastoral (church buildings disposal) scheme, or to facilitate such use;
b
to enable any property so vesting which is to be sold, given, exchanged or let by the Commissioners (otherwise than for any such use), to be used for such purposes as appear to the Commissioners to be reasonable, or to facilitate such use; or
c
to enable the Churches Conservation Trust to perform its functions with respect to any property so vesting in the Trust, including the giving of reasonable access to members of the public.
2
Where rights of way over land adjoining or adjacent to a church to which or to a part of which a declaration of closure for regular public worship relates were, before the declaration took effect, enjoyed by persons attending the church, and the church or part vests, by virtue of this Measure, in the Churches Conservation Trust or the diocesan board of finance, the said rights of way shall be enjoyed by the Trust or the board, as the case may be, so far as is necessary for the performance of its functions and by members of the public for the purpose of visiting the church.
3
Where rights of way or other easements have been acquired by the Commissioners under section 73 and land for the benefit of which the rights were acquired vests in the Churches Conservation Trust by virtue of this Measure those rights shall also vest in the Trust.
S. 72 in force at 1.7.2012 by S.I. 2012/1, art. 2