61 Removal of legal effects of consecration of buildings and land.E
(1)Where any consecrated building or part of a building or land is vested in the Commissioners under section 59 or is appropriated to a use or uses specified or described in a redundancy scheme or [F1a pastoral church buildings scheme] to which section 46 or section 47 applies or is vested in the diocesan board of finance in pursuance of a redundancy scheme, then, unless the scheme otherwise provides,—
(a)the building or part of a building or land shall not be subject to the legal effects of consecration; and
(b)in particular, the jurisdiction of any court or person with respect to the granting of faculties shall cease to extend to the building or part of a building or land.
(2)Where any consecrated building or part of a building or land is vested in the Redundant Churches Fund under section 59, the said jurisdiction shall cease to extend thereto, and accordingly any works or alterations may be carried out in or in relation to the building or part of a building or land without the need for a faculty, but save as aforesaid [F2and subject to any terms included in a lease under section 44(7A)] it shall continue to be subject to the legal effects of consecration.
(3)F3. . . if any building or part of a building or land to which this section applies is subsequently restored to its former use or is appropriated to another use for which consecration would be required, this section shall cease to apply thereto.
Textual Amendments
F1Words in Pt. 3 substituted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 40(2), 66(2) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops
F2Words in s. 61(2) inserted (1.4.1994) by 1994 No. 1, s. 7(a); Instrument dated 25.3.1994 made by Archbishops of Canterbury and York.
F3Words in s. 61(3) omitted (1.4.1994) by virtue of 1994 No. 1, s. 7(b); Instrument dated 25.3.1994 made by Archbishops of Canterbury and York