Care of Churches and Ecclesiastical Jurisdiction Measure 1991

22 Power of bishop to remove legal effects of consecration. E

(1) Where the bishop of a diocese, on the application of the archdeacon of an archdeaconry in the diocese in respect of any building or land in the archdeaconry which is subject to the legal effects of consecration, is satisfied that—

(a) the building or land is not held or controlled by any ecclesiastical corporation (that is to say, any corporation in the Church of England, whether sole or aggregate, which is established for spiritual purposes) or by any Diocesan Board of Finance; and

(b) no purpose will be served by its remaining subject to the legal effects of consecration,

he may by order direct that the building or land or part of the building or land shall not be subject to the legal effects of consecration.

(2) Subject to subsection (3) below, an order under subsection (1) above may impose such conditions and requirements as the bishop thinks fit as to—

(a) the preservation or disposal of any human remains believed to be buried in or beneath any building affected by the order or in any land so affected and of any tombstones, monuments or memorials commemorating the deceased persons; and

(b) the maintenance of orderly behaviour in or on the building or land so affected;

and for the purposes of paragraph (a) above such an order may apply to the building or land such provisions of section 65 of and Schedule 6 to the 1983 Measure as may be specified in the order subject to such modifications and adaptations as may be so specified.

(3) A condition or requirement as to a matter falling within paragraph (a) of subsection (2) above shall not be imposed by an order under subsection (1) above except with the consent of the Secretary of State.

(4) Where an order is made under subsection (1) above in respect of any building or land then—

(a) the 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 land.

(5) Any conditions or requirements imposed under subsection (2) above shall be enforceable as if the archdeacon of the archdeaconry in which the building or land affected is situated was the owner of adjacent land and the conditions or requirements were negative covenants expressed to be entered into for the benefit of that adjacent land.

(6) For the purposes of subsection (5) above the enforcement of a condition or requirement shall be deemed to be for the benefit of the archdeacon concerned.

(7) Section 84 (except subsection (2)) of the M1 Law of Property Act 1925 (which enables the [F1 Upper Tribunal] to discharge or modify restrictions affecting land) shall not apply in relation to conditions and requirements imposed under subsection (2) above.

(8) A condition or requirement imposed by an order under subsection (1) above shall be a local land charge, and for the purposes of the M2 Local Land Charges Act 1975 the bishop by whom the order was made shall be treated as the originating authority as respects the charge constituted by the condition or requirement.

Textual Amendments

F1 Words in s. 22(7) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 3 para. 2 (with Sch. 5)

Marginal Citations

M1 1925 c.20.

M2 1975 c. 76.