- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Marriage of Same Sex Couples (Registration of Shared Buildings) Regulations 2014 No. 544
3.—(1) This regulation supplements section 44B of the 1949 Act and applies where a cancellation application is made by a relevant governing authority.
(2) A relevant governing authority of a sharing church may not make a cancellation application unless that church has been a party to a sharing agreement or used the building as mentioned in section 6(4) of the 1969 Act for a period of not less than two years ending with the date on which the application is made.
(3) The relevant governing authority must, not less than three months prior to the date on which the cancellation application is made, send a written notice to the proprietor or trustee of the building—
(a)stating the intention to make the application and when it is proposed to make it; and
(b)providing a copy of the proposed application.
(4) The application may not be made if the proprietor or trustee of the building has, before the end of the period of three months beginning with the date of the receipt of the notice referred to in paragraph (3), sent a written notice to the applicants objecting to the application because either or both of the following is disputed—
(a)that the applicants are a relevant governing authority of the sharing church;
(b)that the sharing church has been a party to a sharing agreement or used the building as mentioned in section 6(4) of the 1969 Act for a period of not less than two years ending with the date when the application is made.
(5) The relevant governing authority must when it makes the application—
(a)send the notice mentioned in paragraph (3) to the superintendent registrar with the application; and
(b)send a copy of the application to the proprietor or trustee of the building.
(6) The superintendent registrar must (in addition to forwarding the application in accordance with section 43C(3)(1) of the 1949 Act) send a copy of the notice mentioned in paragraph (3) to the Registrar General.
(7) The Registrar General must not cancel the registration before the end of the period of nine months beginning with the date on which the cancellation application is received by the superintendent registrar.
Section 43C was inserted by paragraph 2 of Schedule 1 to the Marriage (Same Sex Couples) Act 2013.
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