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Church Property Measure 2018

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12Conveyancing formalitiesE

(1)Where a house or other land is bought, sold or exchanged under this Part, the transfer must be made by or to—

(a)the incumbent of the benefice in the capacity as a corporation sole, or

(b)where the benefice is vacant, the bishop of the diocese in the name and on behalf of the incumbent in the capacity as a corporation sole.

(2)In a case within subsection (1)(b), once the vacancy is filled, the transfer may not be disclaimed or renounced by an incumbent succeeding to the benefice.

(3)Every transfer of a house or other land bought or acquired by way of exchange for a benefice under this Part must be filed in the registry of the diocese concerned in the manner specified in rules.

(4)Where a house or other land sold or exchanged under this Part is subject to a mortgage or charge in favour of the Church Commissioners, the document giving effect to the sale or exchange discharges the land or buildings from the mortgage or charge; and the mortgage or charge attaches—

(a)in the case of a sale, to the money arising from the sale;

(b)in the case of an exchange, to the house or other land acquired on the exchange and to any money paid to the Parsonages Board for equality of exchange.

(5)A deed or other document made under or for the purposes of this Part is not liable to stamp duty land tax.

Commencement Information

I1S. 12(1)-(4) in force at 1.3.2019 by S.I. 2019/97, art. 2

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