National Heritage Act 1983

Redundant Churches and Other Religious Buildings Act 1969 (c. 22)

13 (1) In the Redundant Churches and Other Religious Buildings Act 1969 (" the 1969 Act") section 4 (power of court to authorise transfer of certain redundant places of religious worship) shall be amended as follows.

(2) After subsection (1) there shall be inserted—

“(1A) Subsection (1B) below shall apply where

(a) a building is situated in England, is a place of public religious worship, is held by or in trust for a charity, but is not a church subject to the provisions of the [1968 c. 1.] Pastoral Measure 1968, and

(b) the court is satisfied that the building, or a part of it, is no longer required for use as a place of public religious worship and that the Historic Buildings and Monuments Commission for England are willing to enter into an agreement for the Commission's acquisition, under section 5A of the [1953 c. 49.] Historic Buildings and Ancient Monuments Act 1953, of the building or part by way of gift or for a consideration other than a full consideration, but that it is not within the powers of the persons in whom the building is vested to carry out the agreement except by virtue of this section.

(1B) In that case, the court may, under its jurisdiction with respect to charities, establish a scheme for the making and carrying out of the agreement and, if it appears to the court proper to do so, the scheme may provide for the Commission's acquisition under the said section 5A, whether or not by way of gift or for such a consideration, of other land, if any, which is situated in England, which is held by or in trust for the charity and which comprises or is contiguous or adjacent to the building, and of objects, if any, which are or have been ordinarily kept in the building.”

(3) In subsection (2) for " this section " there shall be substituted " subsection (1) above ".

(4) After subsection (2) there shall be inserted—

“(2A) A scheme under subsection (1B) above may provide for conferring on the Commission such rights of way over any land situated in England and held by or in trust for the charity as appear to the court to be necessary for the purpose of the performance of the Commission's functions in relation to the building or any land acquired by them under the scheme or for giving to the public reasonable access to the building or land and, so far as so necessary, such rights of way, if any, as are before the making of the scheme enjoyed by persons attending services at the building.”

(5) After subsection (3) there shall be inserted—

“(3A) Subsection (3) above shall apply in relation to a scheme made under subsection (1B) above as it applies in relation to a scheme made under subsection (1) above, as if references to subsection (1) were to subsection (1B), references to the Minister were to the Historic Buildings and Monuments Commission for England, and as if subsection (3) were otherwise construed accordingly.”

(6) In subsection (4) after " subsection (1)" there shall be inserted " or (1B) ".

14 (1) Section 5 of the 1969 Act (trusts for repair etc. of certain buildings) shall be amended as follows.

(2) In subsection (1) after " Minister " there shall be inserted " or the Commission " and after " him " there shall be inserted " or them ".

(3) In subsection (2) after " Minister " (in both places) there shall be inserted " or the Commission " and after " him " there shall be inserted " or them ".