- Latest available (Revised)
- Point in Time (01/10/2007)
- Original (As enacted)
Version Superseded: 01/09/2010
Point in time view as at 01/10/2007.
There are currently no known outstanding effects for the New Parishes Measure 1943 (repealed), Cross Heading: Acquisition of land for church sites, &c..
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(1)The Commissioners may acquire by way of gift, devise or purchase, . . . F2
(a)[F3a church or a part of a church or any other building] fit to be used as or to be converted into a church;
(b)any land as a site for a new church or for a church to be substituted for an existing church, or for enlarging the site of an existing church;
[F4(bb)any building to be used as a [F5place of worship (other than a church) or] church hall or both as a church or other place of worship and as a church hall or any land for the site of a building to be so used or for enlarging the site of an existing building so used;]
(c) any land for providing a new or extending an existing churchyard or burial ground;
(d) any building or land for or for an extension of a house of residence for an incumbent or other ecclesiastical person;
(e) any land required for providing access to or improving the amenities of any such church [F6or other place of worship], [F7church hall,] churchyard, burial ground or house of residence.
[F8(f) any land required for providing vehicle parking space for use in connection with any such church or other place of worship, church hall, churchyard or burial ground]
(2)The Commissioners may accept gifts and bequests of money to be laid out in the purchase of land for any of the purposes aforesaid, . . . F9
(3)Any conveyance of land under this section shall be in such form as the Commissioners may prescribe.
Textual Amendments
F1Words substituted by virtue of Church Commissioners Measure 1947 (No. 2, SIF 21:8), s. 18(2)
F2Words repealed by Charities Act 1960 (c. 58, SIF 19), Sch. 7 Pt. II
F3Words substituted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1, SIF 21:8), s. 5
F4S. 13(1)(bb) substituted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 1(1)(a)
F5Words in s. 13(1)(bb) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(a)(i);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
F6Words in s. 13(1)(e) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(a)(ii);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
F7Words inserted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 1(1)(b)
F8S. 13(1)(f) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(a)(iii);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
F9Words repealed by Charities Act 1960 (c. 58, SIF 19), Sch. 7 Pt. II
Modifications etc. (not altering text)
C1S. 13 excluded by Sharing of Church Buildings Act 1969 (c. 38, SIF 21:8), s. 3(3); extended by Sharing of Church Buildings Measure 1970 (No. 2, SIF 21:8), s. 2(2)
C2The “Commissioners” means the Church Commissioners: Church Commissioners Measure 1947 (No. 2, SIF 21:8), s. 18(2)
(1)It shall be lawful for any of the following bodies by way of gift or for valuable consideration, and notwithstanding that the consideration may not be the full consideration, to grant to the Commissioners buildings or land for any of the purposes mentioned in the last foregoing section, that is to say—
(a)any corporation, whether lay, ecclesiastical or collegiate, and whether sole or aggregate;
(b)any trustees for charitable purposes [F10but (except in the case of an exempt charity within the meaning of [F11the Charities Act 1993]) only [F12;
(i)with the sanction of an order of the Charity Commission, or
(ii)in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable;]
(c)in the case of buildings or land belonging to His Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall or belonging to a government department or held in trust for His Majesty for the purposes of a government department the appropriate authority, that is to say—
(i)in the case of land belonging to His Majesty in right of the Crown, the [F13Crown Estate Commissioners] or other government department having the management of the land in question, subject to the consent, in either case, of the Treasury;
(ii)in the case of land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(iii)in the case of land belonging to the Duchy of Cornwall, the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall;
(iv)in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, that department, with the consent of the Treasury.
[F14(1A)During a vacancy in a benefice the power under subsection (1) of this section which would have been exercisable by the incumbent of the benefice had the benefice been full, shall be exercisable by the bishop.]
[F15(2)Where the grantor is the incumbent of a benefice in his capacity as such, or where during a vacancy in a benefice the grantor is the bishop, the purchase money shall be paid to the Church Commissioners and shall be appropriated by them for the benefit of the diocesan stipends fund.]
(3)It shall be lawful . . . F16 for the Commissioners to hold any property real or personal for any such purpose as aforesaid . . . F17.
[F18(4)Section 89 of the Charities Act 1993 (provisions as to orders under that Act) shall apply to any order under section (1)(b) above as it applies to orders under that Act.]]
Textual Amendments
F10Words added by Charities Act 1960 (c. 58, SIF 19), Sch. 6
F11Words in S. 14(1)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 3(2)
F12S. 14(1)(b)(i)(ii) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 30; S.I. 2007/309, art. 2, Sch.
F13Words substituted by virtue of Crown Estate Act 1956 (c. 73) s. 1(7) and Crown Estate Act 1961 (c. 55, SIF 29:7), Sch. 2 Pt. II para. 4(1)
F14S. 14(1A) inserted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 2(1)
F15S. 14(2) substituted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 2(2)
F16Words repealed by Charities Act 1960 (c. 58, SIF 19), Sch. 7 Pt. II
F17Words repealed by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 8
F18S. 14(4) added (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 3(3)
Modifications etc. (not altering text)
C3S. 14 excluded by Sharing of Church Buildings Act 1969 (c.38, SIF 21:8), s. 3(3); extended by Sharing of Church Buildings Measure 1970 (No. 2, SIF 21:8), s. 2(2) and Pastoral Measure 1983 (No. 1, SIF 21:4), s. 76(1); modified by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 23(1); explained by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 76(2)
(1)Where the land to be acquired by the Commissioners for any of the purposes mentioned in section thirteen of this Measure forms part of any common or of the waste of any manor, the lord of the manor may grant the land, and the conveyance thereof shall be effectual for vesting in the Commissioners the fee simple of the land as if every person having any right of common in or over the land had joined in the conveyance;
Provided that no such grant shall be made [F19 without the consent of the Secretary of State and sections 39 and 40 of the Commons Act 2006 apply in relation to an application for such consent as they apply in relation to an application for consent under section 38(1) of that Act. ]
(2)Where it appears to the [F20Secretary of State] that any rights of common will be substantially affected, he shall as a condition of giving his consent require that compensation shall be paid to the persons entitled to such rights, and in such case sections ninety-nine to one hundred and seven of the M1Lands Clauses Consolidation Act 1845 shall be incorporated with this Measure and shall apply as if the Commissioners were the promoters of the undertaking.
(3)Where the land to be acquired by the Commissioners for any of the purposes aforesaid forms part of land subject to any rent or other annual or recurring charge and it appears to the Commissioners and the grantor of the land that the part of the land to be retained is of ample value to bear the said rent or charge, the part to be granted to the Commissioners may be conveyed to them free from the rent or charge, and the remaining part shall continue to be liable therefor in the same manner as the whole land was originally liable, and the Commissioners are hereby authorised to do all such acts as may be necessary to give effect to this provision.
Textual Amendments
F19Words in s. 15(1) substituted (1.10.2007 for E., 1.4.2012 for W) by Commons Act 2006 (c. 26), s. 56, Sch. 4 para. 5 (with s. 60); S.I. 2007/2584, art. 2(d)(i) (with art. 3); S.I. 2012/739, art. 2(h)(i) (with s. 60)
F20Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200), art. 3(3); 1965/143, art. 3(1)(a), Sch.; 1967/156, art. 3(1) and 1970/1681, art. 6(3)
Modifications etc. (not altering text)
C4S. 15 extended by Sharing of Church Buildings Measure 1970 (No. 2, SIF 21:8), s. 2(2)
Marginal Citations
(1)Where any land or building acquired after the passing of the M2Church Property (Miscellaneous Provisions) Measure 1960 under section thirteen or section fourteen of this Measure is—
(a)a church or a part of a church or a building fit to be used as or to be converted into a church,
(b)land acquired as a site for a new church or for a church to be substituted for an existing church, or for enlarging the site of an existing church,
(c)land for providing a new or extending an existing churchyard or burial ground, or
(d)land required for providing access to or improving the amenities of any church, churchyard or burial ground,
the land or building shall vest in the incumbent for the time being of the parish in which the land or building is situated:
Provided that, if the area in which any such land or building is situated is subsequently constituted a new parish under this Measure, the land or building shall thereupon vest in the incumbent for the time being of that new parish, unless the scheme constituting the parish otherwise provides.
[F22(1A)Where at the passing of the Church of England (Miscellaneous Provisions) Measure 1992, any land or building is held by the Commissioners for any of the purposes mentioned in paragraph (a), (b) or (c) of subsection (1) of section 13 of this Measure (being land or a building acquired for that purpose before the passing of the Church Property (Miscellaneous Provisions) Measure 1960), the land or building shall vest in the incumbent for the time being of the parish in which the land or building is situated.]
(2)Where any land or building acquired under the said sections thirteen or fourteen is—
(a)land or a building for a house of residence for an incumbent . . . F23,
(b)land for an extension of such a house of residence,
(c)land required for providing access to or improving the amenities of any such house of residence,
the land or building shall vest in the incumbent for the time being of the parish in which it is situated . . . F24.
[F25(3)Where any building or land acquired under section 13 of this Measure is—
[F26(a)a building to be used as a [F27place of worship (other than a church) or] church hall or both as a church or other place of worship and as a church hall;
(b)land for the site of a building to be so used or for enlarging the site of an existing building so used;
(bb)land required for providing access to or for improving the amenities of a building which is to be, or is, so used;]
(c)a building or land for, or for the extension of, a house of residence for an ecclesiastical person other than an incumbent; or
(d)land required for providing access to or improving the amenities of such a house; [F28or
(e)land required for providing vehicle parking space for use in connection with a church or other place of worship, church hall, churchyard or burial ground]
and that building or land, or any part thereof, is, with the consent of the diocesan authority, designated in the conveyance under which the building or land is so acquired as vesting in that authority, it shall vest in that authority accordingly.]
(4)The parochial church council of the ecclesiastical district in which any land or building designated under the preceding subsection is for the time being situated shall keep the diocesan authority indemnified in respect of the matters referred to in paragraphs (a) to (d) of subsection (4) of section six of the M3Parochial Church Councils (Powers) Measure 1956.
[F29(5)In this section “diocesan authority” means the body which is for the time being authorised by the relevant diocesan synod to act as trustees of the trust property of the diocese or, if there is no such body, the diocesan board of finance.]]
Textual Amendments
F21S. 16 substituted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1, SIF 21:8), s. 6(2)
F22S. 16(1A) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(b)(i);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
F23Words repealed by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 8
F24Words repealed by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 8
F25S. 16(3) substituted by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 41(2)
F26S. 16(3)(a)(b)(bb) substituted for s. 16(3)(a)(b) by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 1(2)
F27Words in s. 16(3)(a) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(b)(ii)(A);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
F28S. 16(3)(e) and word preceding it inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(b)(ii)(B);Instrument dated 27.5.1992 by Archbishops of Canterbury and York.
F29S. 16(5) inserted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 3
Modifications etc. (not altering text)
Marginal Citations
(1)Subject to the provisions of this section, it shall be lawful for the owner of any land or building which before or after the passing of this Measure was acquired by the Commissioners or the Church Building Commissioners, whether for valuable consideration or by way of gift, for any of the purposes mentioned in paragraphs (a), (b), (bb), [F31(c) [F32, (e) or (f)]] of subsection (1) of section thirteen of this Measure:—
(a)to sell that land or building or any part thereof;
(b)to exchange that land or building or any part thereof for any other land or building more suitable for the purpose for which the original land or building was acquired and to receive or pay money by way of equality of exchange;
(c)to appropriate or transfer that land or building or any part thereof to or for any ecclesiastical purpose for the benefit of the ecclesiastical district in which the land or building is situated, or for any educational charitable or public purpose relating to that district; . . . F33
[F34(cc)if the Diocesan Board of Finance for the diocese in which that land or building is situated agrees to accept the transfer, to transfer that land or building or any part thereof to that Board, the land or building or part thereof to be held by the Board as part of the diocesan glebe land of the diocese; and]
(d)where that land or building was acquired by way of gift, to reconvey it or any part thereof to the grantor or his successors in title without consideration:
Provided that no such sale, exchange, appropriation, transfer or reconveyance shall be made without the following consents, that is to say—
(i)in relation to any land or building vested in the Commissioners, the consent of the incumbent, if any, and the bishop; and
(ii)in relation to any land or building which has vested in an incumbent, the consent of the Commissioners and the bishop, or, during a vacancy in the benefice, the consent of the Commissioners.and no person shall give his consent under this subsection unless he is satisfied that the land or building, or the part of the land or building concerned, is no longer required for the purpose for which it was acquired.
F35(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where any such land or building as aforesaid was acquired by way of gift or for a nominal consideration it shall not be appropriated or transferred under paragraph (c) [F36or (cc)] of subsection (1) of this section without the consent of the grantor or his successor in title:
Provided that no such consent shall be necessary—
(a)where land is appropriated or transferred for the widening of a highway, or
(b)where the Commissioners are satisfied that it is not reasonably practicable to apply for the said consent, and a certificate to that effect sealed by the Commissioners shall be sufficient evidence of that fact.
(4)Where any land or building is sold under this section the proceeds of the sale shall be paid to the Commissioners and shall be applied by them to such purposes, being purposes for the benefit of the benefice of the ecclesiastical district in which the land or building is situate or charitable purposes relating to that district, as may be agreed between the Commissioners and the bishop after consultation with the owner.
(5)Nothing in this section shall authorise the sale or disposal of any consecrated land or affect the jurisdiction of the Consistory Court.
(6)Nothing in this Measure shall restrict or limit the powers of sale or disposal conferred by . . . F37 the Parsonages Measures 1938 to 1947 . . . F37.
(7) In this section the expression “ owner ”, in relation to any land or building, means:—
(i)the Commissioners, if the land or building is vested in them,
(ii)the incumbent, if the land or building is vested in the incumbent for the time being, or
(iii)during a vacancy in the benefice occurring after the land or building has vested in the incumbent, the bishop.]
Textual Amendments
F30S. 17 substituted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1, SIF 21:8), s. 6(2)
F31Words substituted by Church of England (Miscellaneous Provisions) Measure 1978 (No. 3, SIF 21:8), s. 7
F32Words in s. 17(1) substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 8(c);Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
F33Word repealed by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 18(4)
F34S. 17(1)(cc) inserted by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 18(4)
F35S. 17(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)
F36Words inserted by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 18(5)
F37Words repealed by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 8
Modifications etc. (not altering text)
No deed of gift, grant, security, contract, agreement conveyance or other instrument made for any of the purposes mentioned in this Measure or under any of the provisions mentioned in this Measure, or for carrying into execution any powers, regulations or provisions thereof or therein mentioned shall be liable to stamp duty.
Modifications etc. (not altering text)
(1)No conveyance of land to the Commissioners under this Measure and no instrument to which the consent of the Commissioners is required under this Measure shall be valid unless and until the assent of the Commissioners is testified by affixing thereto the seal of the Commissioners, but on the affixing of such seal the conveyance or instrument shall have effect as from the date thereof.
(2)No instrument to which the seal of the Commissioners is so required to be affixed and which is directed to be registered in any diocesan registry shall be so registered unless and until such seal has been so affixed.
Textual Amendments
F38Words substituted by virtue of Church Commissioners Measure 1947 (No. 2, SIF 21:8), s. 18(2)
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