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(1)In the case of any benefice where such action is thought desirable, and whether or not the existing residence house belonging thereto shall have been sold or disposed of, the incumbent of the benefice, or during a vacancy the bishop, shall, subject to the provisions of this Measure, have the following powers, that is to say:—
(i)power to erect or purchase a house or purchase land for the site of a house or an orchard, garden and appurtenances or other land, such house, orchard, garden and appurtenances or any such land, being respectively suitable for the residence and occupation of the incumbent of the benefice, but so that the total area of any land purchased including the site of any house or other buildings shall not exceed six acres, . . . F1;
(ii)power to improve any house erected or purchased under the preceding paragraph [F2or any house acquired by way of exchange under the provisions of this Measure] or any house forming part of the property of the benefice which it is proposed to constitute the residence house of the benefice;
(iii)in cases where the foregoing powers or any of them are exercised by the bishop, power for the bishop to enter upon the land of the benefice for the purpose or exercising such powers;
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(2)No power conferred by subsection (1) of this section shall be exercisable without the consent of [F4the Church Commissioners], the Diocesan Dilapidations Board, and (in cases where the power is exercised by the incumbent) the bishop respectively.
(3)[F4The Church Commissioners] shall have power exercisable in their discretion to lend moneys to the incumbent or bishop (as the case may be) for any of the purposes [F5of this Measure].
(4)If the bishop shall during a vacancy in any benefice have exercised the powers of erecting or improving a house conferred by this section and the vacancy shall have been filled before the completion of the work of erection or improvement, the incumbent succeeding to the benefice shall to the extent of any moneys specially applicable or lent by [F4the Church Commissioners] complete such work in accordance with the plans and specifications authorised by the bishop with such modifications (if any) as may be agreed to by the bishop, [F4the Church Commissioners] and the Diocesan Dilapidations Board, and in default of his so doing it shall be lawful for the Diocesan Dilapidations Board so to complete such work.
Textual Amendments
F1Words repealed by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), s. 2(1)
F2Words inserted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), Sch.
F3S. 2(1)(iv) repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8
F4Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)
F5Words substituted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), Sch.
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