PART 3

Newly acquired land

Acquisition of land
28
1
A DBF may acquire by purchase, exchange, gift or bequest—
a
a church or part of a church;
b
a building fit for use as or conversion into a church;
c
land as a site for a new church or for enlarging the site of an existing church;
d
a building to be used as a place of worship other than a church, or land as a site for a new building to be used as such or for a building to replace a building currently used as such or for enlarging the site of a building currently used as such;
e
a building to be used as a church hall, or land as a site for a new church hall or for a building to replace an existing church hall or for enlarging the site of an existing church hall;
f
a building to be used as both a church or other place of worship and a church hall, or land as a site for a building to be used as such or for enlarging the site of a building currently used as such;
g
a building to replace a building currently used as both a place of worship other than a church and a church hall;
h
land for the provision of a new churchyard or burial ground or for the enlargement of an existing churchyard or burial ground;
i
a building to be used as a parsonage house, or land as a site for a new building to be used as such or for a building to replace a building currently so used or for enlarging the site of a building currently used as such;
j
land for occupation as a garden with a parsonage house or with a building to be used as such or for the enlargement of land currently occupied as such;
k
land for the provision of access to, or for improving the amenities of, a church or other place of worship, a church hall, a building used as both a church or other place of worship and a church hall, a churchyard or burial ground or a parsonage house;
l
land for the provision of vehicle parking space for use in connection with a church or other place of worship, a church hall, a building used as both a church or other place of worship and a church hall, or a churchyard or burial ground.
2
The power of purchase under subsection (1) may not be exercised without the consent of the Church Commissioners, unless the following two conditions are met.
3
The first condition is that no person who is a party to the proposed transaction is a connected person or a trustee for or nominee of a connected person.
4
The second condition is that the person in whom the building or other land is to be vested—
a
has obtained a written report on the proposed transaction from a designated adviser instructed by and acting exclusively for that person, and
b
having considered the report, is satisfied that the terms of the proposed transaction are the best that can be reasonably obtained for that person.
5
A DBF may accept a gift or bequest of money to be used for or put towards the purchase of land for a purpose specified in subsection (1).
6
A DBF may hold any property (whether real or personal) for a purpose specified in subsection (1).
7
Land held by a DBF may be appropriated for a purpose specified in subsection (1) but only if the DBF has executed a declaration specifying that use; and on the execution of a declaration to that effect, the land vests in the incumbent or relevant diocesan body in accordance with section 32.
S. 28 in force at 1.3.2019 by S.I. 2019/97, art. 2
Words in s. 28(4)(a) substituted (17.5.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 16(4), 22(4); S.I. 2024/631, art. 2