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Section 10

SCHEDULE 3 Amendment of Endowments and Glebe Measure 1976

1 The Endowments and Glebe Measure 1976 (1976 No. 4) shall be amended as follows.

2 In section 11(2) for the word “them” there shall be substituted the word “it” and for the word “their” there shall be substituted the word “its”.

3 In section 14(1), at the end of paragraph (a) there shall be inserted the word “or”.

4 In section 19A—

(a) for subsection (2) there shall be substituted the following subsection—

“(2) Any such subsidiary shall, subject to the provisions of the scheme, have, with respect to the holding, managing and dealing with such diocesan glebe land as may be specified in the scheme or from time to time held by it, the same powers and duties as the Diocesan Board of Finance has with respect to diocesan glebe land held by the Board.”; and

(b) after subsection (2) there shall be added the following subsection—

“(3) Any such subsidiary may—

(a) with the consent of the Diocesan Board of Finance acquire land to be held as part of the diocesan glebe land of the diocese; and

(b) with the consent of the Diocesan Board of Finance appropriate for use as diocesan glebe land of the diocese any land vested in the subsidiary and any land appropriated under this subsection shall be held by the subsidiary as part of such land.”.

5 In section 20—

(a) in subsection (2B)(b) after the words “would not be” there shall be inserted the word “in”;

(b) in subsection (8) the words “under subsection (7) above” shall be omitted; and

(c) in subsection (11) for the words “by a person duly authorised by the Board or the subsidiary” there shall be substituted the words “or its subsidiary by a person duly authorised by the Board or its subsidiary, as the case may be,”.

6 In section 45(1)—

(a) in the definition of “diocesan glebe land” after the words “Board of Finance” and the word “Board” there shall be inserted, in each case, the words “or its subsidiary”; and

(b) in the definition of “parsonage land”—

(i) in paragraph (d) for the word “Commissioners” there shall be substituted the words “Diocesan Board of Finance”; and

(ii) in paragraph (f) after the word “given” there shall be added the words “or is not required by virtue of section 1(3A) of that Measure”.

Section 12

SCHEDULE 4 Amendment of Pastoral Measure 1983

1 The Pastoral Measure 1983 (1983 No. 1) shall be amended as follows.

2 In section 4(2) for the words following the words “informing him” to the end of the subsection there shall be substituted the words “that if the Commissioners prepare a draft scheme or order to give effect to the proposals he will be given an opportunity of making representations with respect thereto”.

3 In section 6—

(a) in subsection (1) the words “Subject to subsection (2),” shall be omitted; and

(b) subsection (2) is hereby repealed.

4 In section 7(2) the words “, other than subsection (2),” shall be omitted.

5 In section 59 after subsection (2A) there shall be inserted the following subsection—

“(2B) Where a redundancy scheme or pastoral scheme to which section 46 or 47 applies provides for land annexed or belonging to a redundant building or the whole or part of the site of a demolished building or land annexed or belonging thereto to be appropriated for any ecclesiastical purposes of the parish the land or site shall on the date when any such provision comes into operation vest in the diocesan board of finance without any conveyance or further assurance to be held on trust for the parochial church council for that parish to be used for the said purposes.”.

6 In section 77(1)(b) the words “, after consultation with the Commissioners,” shall be omitted.

Section 14

SCHEDULE 5 Miscellaneous Amendments of Acts

Small Holdings and Allotments Act 1908 (8 Edw. 7 c. 36)

1 For paragraph (8) of Part I of Schedule 1 there shall be substituted the following paragraph—

“(8) Where the land is vested in the incumbent of a benefice of the Church of England the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for the damage to be sustained by the owner by reason of severance or other injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated to be applied by the Board for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.”.

Agriculture Act 1947 (10 & 11 Geo. 6 c. 48)

2 In section 107(5) of the Agriculture Act 1947 for the words from “belongs” to the end there shall be substituted the words “is vested in the incumbent of a benefice of the Church of England, a copy thereof shall be served on the Diocesan Board of Finance for the diocese in which the land is situated”.

Coast Protection Act 1949 (12, 13 & 14 Geo. 6 c. 74)

3 Section 33(1)(b) shall be omitted.

National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo. 6 c. 97)

4 In paragraph 1(4) of Schedule 1 for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “is vested in the incumbent of a benefice of the Church of England” and for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”.

Land Powers (Defence) Act 1958 (6 & 7 Eliz. 2 c. 30)

5 In Schedule 2—

(a) in paragraph 2(2) for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”, the words “(not being land in Scotland, Northern Ireland, Wales or Monmouthshire)” shall be omitted, after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”; and

(b) in paragraph 16 for the words “Church Commissioners”, in both places where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”.

Opencast Coal Act 1958 (6 & 7 Eliz. 2 c. 69)

6 In section 42 —

(a) in subsections (2) and (5) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsection (2) the words “, not being land in Scotland, Wales or Monmouthshire,” shall be omitted;

(c) for subsection (6) there shall be substituted the following subsection—

“(6) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.”; and

(d) in section (7) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”.

Weeds Act 1959 (7 & 8 Eliz. 2 c. 54)

7 In section 6(6) for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “is vested in the incumbent of a benefice of the Church of England” and for the words “Church Commissioners” there shall be inserted the words “Diocesan Board of Finance for the diocese in which the land is situated”.

Land Compensation Act 1961 (9 & 10 Eliz. 2 c. 33)

8 In section 34—

(a) for subsection (1) there shall be substituted the following subsection—

“(1) Where ecclesiastical property in England is vested in the incumbent of a benefice which is vacant it shall be treated for the purposes of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.”; and

(b) in subsection (2) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”.

Pipe-lines Act 1962 (10 & 11 Eliz. 2 c. 58)

9 In section 51—

(a) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsection (2) for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant”;

(c) in subsections (3) and (5) for the word “them”, in each place where it occurs, there shall be substituted the word “it”; and

(d) in subsection (5) for the word “they” there shall be substituted the word “it”.

Harbours Act 1964 (c. 40)

10 In section 49—

(a) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant”; and

(c) in subsection (4) for the word “them”, in both places where it occurs, there shall be substituted the word “it” and for the words “in such manner as they may determine” there shall be substituted the words “as if the land had been sold under the Pastoral Measure 1983”.

Gas Act 1965 (c. 36)

11 In section 26—

(a) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsections (2) and (3) for the word “them”, in each place where it occurs, there shall be substituted the word “it” and in subsection (3) for the words “in such manner as they may determine” there shall be substituted the words “as if the land had been sold under the Pastoral Measure 1983”; and

(c) in subsection (4), for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant”.

Compulsory Purchase Act 1965 (c. 56)

12 (1) In section 11 for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”.

(2) In section 31 for the words from the words “in the case of land which is not diocesan glebe land” to the words “in either case” there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated and” and the last sentence shall be omitted.

Commons Registration Act 1965 (c. 64)

13 In section 19(1)(g) for the words “Church Commissioners” there shall be substituted the words “the Diocesan Board of Finance for the diocese in which the land is situated” and any Regulations made under that section shall have effect accordingly.

Forestry Act 1967 (c. 10)

14 In paragraph 3 of Schedule 2 —

(a) for the words from the beginning to the words “Church Commissioners” there shall be substituted the words “In the case of diocesan glebe land the Diocesan Board of Finance in which the land is vested and, in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation, with the consent of the Church Commissioners, may”; and

(b) at the end there shall be added—

“Provided—

Leasehold Reform Act 1967 (c. 88)

15 In section 31—

(a) in subsection (2) for the words from “and the Church Commissioners” to the end of the subsection there shall be substituted the words “provided that the consent of the Church Commissioners shall only be required if their consent would be required if the transaction were carried out under the Endowments and Glebe Measure 1976 or the Cathedrals Measure 1999”; and

(b) in subsection (4)(c) for the words “the Church Commissioners”, in both places where they occur, there shall be substituted the word “board” and for the word “their” there shall be substituted the word “its”.

Mines and Quarries (Tips) Act 1969 (c. 10)

16 In section 31 —

(a) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) for the word “them”, in each place where it occurs, there shall be substituted the word “it” and for the word “their”, in both places where it occurs, there shall be substituted the word “its”;

(c) in subsection (4) for the words “in such manner as they may determine” there shall be substituted the words “as if the land had been sold under the Pastoral Measure 1983”; and

(d) in subsection (5) for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant”, for the words “are owners” there shall be substituted the words “is the owner” and for the word “are”, in the second place where it occurs, there shall be substituted the word “is”.

Agriculture Act 1970 (c. 40)

17 In section 61—

(a) in subsection (3)(a) for the words “incumbent of the ecclesiastical benefice to which the land belongs” there shall be substituted the words “Diocesan Board of Finance in which the land is vested” and after the words “Church Commissioners” there shall be added the words “in a case where their consent would be required if the transaction were carried out under the Endowments and Glebe Measure 1976”; and

(b) subsections (4) and (5) are hereby repealed.

Land Compensation Act 1973 (c. 26)

18 (1) In section 13(1) for paragraphs (a) and (b) there shall be substituted the words “to the Diocesan Board of Finance for the diocese in which the land is situated” and the words “(in either case)” shall be omitted.

(2) In section 13(2) the words from the words “or being diocesan glebe land” to the end shall be omitted.

Agricultural Statistics Act 1979 (c. 13)

19 In section 5(5) for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “is vested in the incumbent of a benefice of the Church of England” and for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

20 In section 51—

(a) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated” and in subsection (4) for the word “them” there shall be substituted the word “it”; and

(b) in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance, the fee simple” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant it”.

Local Government, Planning and Land Act 1980 (c. 65)

21 (1) In section 169—

(a) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”; and

(b) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant”.

(2) In section 171, in the definition of “ecclesiastical property” after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”.

Highways Act 1980 (c. 66)

22 (1) For section 87(6) there shall be substituted the following subsection—

“(6) Where land is—

(a) glebe land, the Diocesan Board of Finance in which the land is vested, with the consent of the Church Commissioners (unless such consent would not be required under the Endowments and Glebe Measure 1976 if the transaction were carried out under that Measure),

(b) land belonging to an ecclesiastical benefice of the Church of England, the incumbent of the benefice, with the consent of the Diocesan Board of Finance, or

(c) part of the endowment of any other ecclesiastical corporation, the ecclesiastical corporation, with the consent of the Church Commissioners,

may enter into an agreement under this section relating to the land either for consideration or gratuitously and any payment made in respect of such agreement may be applied for purposes for which the proceeds of a sale by agreement of the property would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.”.

(2) In paragraph 1(4) of Schedule 6 after the word “benefice” there shall be inserted the words “of the Church of England” and for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”.

New Towns Act 1981 (c. 64)

23 (1) In section 76—

(a) for the words “Church Commissioners”, in both places where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”, and

(b) In subsection (1) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant”.

(2) In section 80(1), in the definition of “ecclesiastical property” after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”.

Acquisition of Land Act 1981 (c. 67)

24 (1) In section 12(3)—

(a) for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”; and

(c) the words “or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976” shall be omitted.

(2) In paragraph 3(3) of Schedule 1—

(a) for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”; and

(c) the words “or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976” shall be omitted.

Administration of Justice Act 1982 (c. 53)

25 In section 41—

(a) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “appropriate authority”; and

(b) in subsection (3) there shall be added at the end the words “and “appropriate authority” means, in the case of funds held in trust for a cathedral, the corporate body of that cathedral established under section 9(1)(a) of the Cathedrals Measure 1999 and in the case of funds held in trust for a benefice the Diocesan Board of Finance for the diocese in which that benefice is situated”.

Town and Country Planning Act 1990 (c. 8)

26 In section 318—

(a) in subsections (1), (2), (4) and (5) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant” and in paragraphs (a) and (b) for the words “the fee simple”, in each place, there shall be substituted the word “it”;

(c) in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated” and the words “(in either case)” shall be omitted;

(d) in subsections (3), (4) and (5) for the word “them”, in each place where it occurs, there shall be substituted the word “it”; and

(e) in subsection (6) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England”, after the word “diocese” there shall be inserted the words “of the Church of England” and the words from “or being diocesan glebe land” to the end shall be omitted.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

27 In section 86—

(a) in subsections (1) and (2) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant” and in paragraphs (a) and (b) for the words “the fee simple”, in each place, there shall be substituted the word “it”;

(c) in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated”, the words “(in either case)” shall be omitted and for the word “them” there shall be substituted the word “it”; and

(d) in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England”, after the word “diocese” there shall be inserted the words “of the Church of England” and the words from “or being diocesan glebe land” to the end shall be omitted.

Planning (Hazardous Substances) Act 1990 (c. 10)

28 In section 34—

(a) in subsections (1) and (2) for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant” and for the words “the fee simple” there shall be substituted the word “it”;

(c) in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated”, the words “(in either case)” shall be omitted and for the word “them” there shall be substituted the word “it”; and

(d) in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England”, after the word “diocese” there shall be inserted the words “of the Church of England” and the words from “or being diocesan glebe land” to the end shall be omitted.

Coal Mining Subsidence Act 1991 (c. 45)

29 (1) In section 20—

(a) for the words “Church Commissioners”, in each place where they occur, and for the word “Commissioners”, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsection (1)(b) for the words “they give” there shall be substituted the words “it gives”;

(c) in subsection (2)(b) for the word “them” there shall be substituted the word “it”; and

(d) in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “of the Church of England” and after the word “diocese” there shall be inserted the words “of the Church of England”.

(2) In section 33(7) for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”.

Water Resources Act 1991 (c. 57)

30 In section 67—

(a) in subsections (1), (3), (4) and (7) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “Diocesan Board of Finance for the diocese in which the land is situated”;

(b) in subsections (1) and (2) for the words “belongs to a benefice” there shall be substituted the words “is vested in the incumbent of a benefice”;

(c) in subsection (4) for the word “them” there shall be substituted the word “it”;

(d) in subsection (5) for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance”, for the word “them”, in both places where it occurs, there shall be substituted the word “it” and for the words “in such manner as they may determine” there shall be substituted the words “as if the land had been sold under the Pastoral Measure 1983”;

(e) in subsection (6)(a) for the words “the Church Commissioners are” there shall be substituted the words “a Diocesan Board of Finance is”; and

(f) in subsection (6) for the word “Commissioners”, in both places where it occurs, there shall be substituted the word “Board”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

31 In paragraph 8 of Schedule 2—

(a) in sub-paragraph (2) after the word “required” there shall be inserted the words “, if their consent would be required if the transaction were carried out under the Cathedrals Measure 1999 or the Endowments and Glebe Measure 1976,” and the words from “and the Church Commissioners” to the end shall be omitted;

(b) in sub-paragraph (4)(b) for the words “Church Commissioners” there shall be substituted the words “Diocesan Board of Finance in which the land is vested”; and

(c) in sub-paragraph (4)(c) for the words from “Church Commissioners” to the end there shall be substituted the words “Diocesan Board of Finance out of any money held by it”.