Church Property Measure 2018

Responsibility for land

16 General functions of DBF

(1) It is the function of each DBF to hold, manage and deal with the diocesan glebe land for the benefit of the diocesan stipends fund.

(2) Each DBF must keep the Church Commissioners informed of—

(a) such matters as the Commissioners specify affecting the diocesan glebe land and arising from notices given to the DBF by a public authority or a utility undertaker, and

(b) matters concerning transactions affecting the diocesan glebe land.

(3) The rights appurtenant to or over parsonage land or church land that were having effect by virtue of section 15(2) or (3) of the Endowments and Glebe Measure 1976 immediately before the repeal of that provision by this Measure (being the rights necessary for the reasonable enjoyment of land that were formerly exercisable by the incumbent in right of the benefice in question) continue to have effect in spite of the repeal.

(4) In the case of diocesan glebe land which is part of the glebe land which vested in the DBF on 1 April 1978 under section 15 of the Endowments and Glebe Measure 1976, the DBF may require the incumbent or sequestrators of the benefice in the area of which the land is situated to provide the DBF with—

(a) such information relating to the land as the DBF requires in order to carry out its functions under this Measure;

(b) such documents in the possession of, or under the control of, the incumbent or sequestrators concerning the land as the DBF specifies.

(5) The county court may, on an application by the DBF for a diocese, make an order requiring a person who has failed to comply with a requirement under subsection (4) to comply with that requirement.

(6) In the case of diocesan glebe land of the description given in subsection (4) that is subject to a lease which gives the landlord a right to require the tenant to provide information relating to the lease, the DBF may exercise the same right.

(7) The reference in subsection (4)(b) to documents specified by the DBF includes a reference to documents of a description specified by it.

(8) Subsection (3) does not affect the general application of section 16 of the Interpretation Act 1978 (general savings on repeal).