Town and Country Planning Act 1990

318 Ecclesiastical property. E+W

(1) Without prejudice to the provisions of the M1 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 Church Commissioners.

(2) Where the fee simple of any ecclesiastical property is in abeyance—

(a) if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 the fee simple shall be treated as being vested in the Church Commissioners;

(b) in any case, the fee simple shall, for the purposes of a compulsory acquisition of the property under Part IX, 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) Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property—

(a) shall [F1 in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

(b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case)] be applied by them for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.

(4) Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—

(a) shall be paid to the Church Commissioners, and

(b) shall be applied by them for the purposes mentioned in subsection [F2 (3)].

(5) Where any sum is recoverable under section 111, [F3 or 112] in respect of any such land, the Church Commissioners may apply any money or securities held by them in the payment of that sum.

(6) In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F4 or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976].

Textual Amendments

F1 Words in s. 318(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. II para. 30(1) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F2 Word in s. 318(4)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. II para. 30(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F3 Words in s. 318(5) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 33 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F4 Words at the end of s. 318(6) added (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. II para. 30(3) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Modifications etc. (not altering text)

C1 S. 318(1)(3)(6) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(1)

Marginal Citations

M1 1981 c. 67.