45Procedure for making pastoral (church buildings disposal) schemesE
Section 50 shall be amended as follows—
(a)in subsection (1), for the words from the beginning to the word “fulfilled” there shall be substituted the words “ The Commissioners may at any time or, where the proviso to section 49(1) applies, after the period of six months mentioned therein has expired ”;
(b)in subsection (1), for the word “three”, in both places where it occurs, there shall be substituted the word “ two ”;
(c)in subsection (2), for the words from the beginning to “Advisory Board” there shall be substituted the words “ Before preparing any such draft scheme which provides for the demolition or the care and maintenance by the Churches Conservation Trust of the building closed for regular public worship or any part thereof the Commissioners shall consult the Church Buildings Council ”, for the words “said Board” there shall be substituted the word “ Council ”, for the word “their” there shall be substituted the word “ its ” and the words “paragraph (b) of” shall be omitted;
(d)after subsection (2) there shall be inserted the following subsection—
“(2A)After preparing the draft scheme and before proceeding under the following provisions of this section the Commissioners shall consult the bishop.”;
(e)in subsection (3) there shall be inserted, at the beginning, the words “ After taking into account any comments made by the bishop, if they decide to proceed with the draft scheme, ”, after the word “concerned,” there shall be inserted the words “ , the parish council or parish meeting concerned, ” and for the words “Advisory Board” there shall be substituted the words “ Church Buildings Council ”;
(f)After subsection (4) there shall be inserted the following subsection—
“(4A)Where the draft scheme makes or is to make any such provision as is referred to in section 51(1)(a) and it is proposed to make any architectural or structural changes in the building closed for regular public worship or any part thereof to facilitate the use or uses referred to in that section, the Commissioners shall not make the scheme unless they have first consulted the Church Buildings Council on those proposed changes.”;
(g)after subsection (5) there shall be added the following subsections—
“(5A)The Commissioners may, if they think fit, afford an opportunity to any person, whether he has made written representations or not, to make oral representations with respect to the draft scheme.
(5B)The Commissioners may, before or after the period within which written representations may be made under this section, extend that period, and any representations made within the period so extended shall be deemed to be duly made.
(5C)The Commissioners may at any time make such amendments to the draft scheme as may appear to them to be necessary for the purposes of correcting any drafting mistake or omission.”; and
(h)in subsection (9) for the words “pastoral schemes” there shall be substituted the words “ pastoral church buildings schemes ”.
Commencement Information
I1S. 45 in force at 11.6.2008 by 2007 No. 3, Instrument made by Archbishops