Part III

General

Special cases

Ecclesiastical property.
86
1
Without prejudice to the provisions of the Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.
2
Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant—
a
... for the purposes of section 11, this subsection (other than paragraph (b)) and sections 62, 63 and 83(1) and any other provisions of this Act so far as they apply or have effect for the purposes of any of those provisions, it shall be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated;
b
... it shall, for the purposes of a compulsory acquisition of the property under section 47, be treated as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction . . . .
1981 c.67.
Words in s. 86(1)(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(a); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York
Words in s. 86(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(b); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York
Words in s. 86(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(b); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York
Words in s. 86(4) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(d); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York
Words in s. 86(4) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(d); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York
Words in s. 86(4) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(d); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York
Part III modified and extended (17.7.1992) by S.I. 1992/1732, art.2
S. 86 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
Pt. III applied (with modifications) (E.) (6.4.2014) by The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (S.I. 2014/550), regs. 1(1), 7
S. 86 applied (with modifications) (1.1.2022) by The Listed Buildings (Heritage Partnership Agreements) (Wales) Regulations 2021 (S.I. 2021/1177), reg. 1, Sch.
Words in s. 86(2)(a) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 147(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Words in s. 86(2)(b) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 147(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
S. 86(3) omitted (W.) (4.11.2024) by virtue of 2023 asc 3, Sch. 13 para. 147A (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 13; S.I. 2024/860, art. 3(d))