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Church Property Measure 2018

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32Vesting of land acquired by DBFE

(1)Land acquired in accordance with section 28 or 29 vests in the incumbent for the time being of the parish in which it is situated if it is—

(a)a church or part of a church;

(b)a building fit for use as or conversion into a church;

(c)land acquired as a site for a new church or a church to replace an existing church or for enlarging the site of an existing church;

(d)land acquired for the provision of a new churchyard or burial ground or for the extension of an existing churchyard or burial ground;

(e)land acquired for the provision of access to, or for improving the amenities of, a church, churchyard or burial ground;

(f)a building to be used as a parsonage house, or land acquired as a site for a building to be used as such or for enlarging the site of a building currently used as such;

(g)land acquired for occupation as a garden with a parsonage house or with a building to be used as such or for the extension of land currently occupied as such;

(h)land for the provision of access to, or for improving the amenities of, a parsonage house.

(2)If the area in which land of a description given in subsection (1)(a) to (e) is situated becomes a new parish under a pastoral scheme, the land vests in the incumbent for the time being of the new parish, unless the scheme provides otherwise.

(3)Land acquired in accordance with section 28 or 29 vests in the relevant diocesan body if the whole or part of the land is, with the consent of that body, designated in the transfer as vesting in it and if the land is—

(a)a building to be used as a place of worship other than a church, or land acquired as a site for a building to be used as such or for enlarging the site of a building currently used as such;

(b)a building to be used as a church hall, or land acquired as a site for a new church hall or for enlarging the site of an existing church hall;

(c)a building to be used as both a church or other place of worship and a church hall, or land acquired as a site for a building to be used as such or for enlarging the site of a building currently used as such;

(d)land acquired for the provision of access to, or for improving the amenities of, a place of worship other than a church, a church hall or a building used as both a place of worship other than a church and a church hall;

(e)land acquired 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.

(4)Relevant diocesan body”, in relation to land, means—

(a)the body for the time being authorised by the diocesan synod for the diocese in which the land is situated to act as trustees of the land, or

(b)if there is no body so authorised, the DBF.

(5)The PCC for the parish in which land designated as mentioned in subsection (3) is situated must keep the relevant diocesan body indemnified in respect of the matters specified in section 6(4) of the Parochial Church Councils (Powers) Measure 1956 (liabilities, rates, taxes, insurance costs etc.).

Commencement Information

I1S. 32 in force at 1.3.2019 by S.I. 2019/97, art. 2

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