Commencement Information
I1Sch. 2 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5
8(1)The provisions of this paragraph shall have effect as regards Chapter I or Chapter II landlords who are ecclesiastical landlords; and in this paragraph “ecclesiastical landlord” means—E+W
(a)[F1the Chapter of a cathedral] having an interest as landlord in property, or
(b)a diocesan board of finance having an interest as landlord in property belonging to the board as diocesan glebe land.
(2)In relation to an interest of an ecclesiastical landlord, the consent of the Church Commissioners shall be required [F2, if their consent would be required if the transaction were carried out under F3... [F4Part 2 of the Church Property Measure 2018] [F5or the Cathedrals Measure 2021],] to sanction—
(a)the provisions to be contained in a conveyance in accordance with section 34 and Schedule 7, or in any lease granted under section 56, and the price or premium payable, except as regards matters determined by the court or [F6the appropriate tribunal];
(b)any exercise of the ecclesiastical landlord’s rights under section 61, except as aforesaid, and any agreement for the payment of compensation to a tenant in conformity with paragraph 5 of Schedule 14 without an application having been made under that section; and
(c)any grant of a lease in pursuance of section 93(4);
F7...
(3)Where [F8the Chapter of a cathedral] has an interest in property which forms part of the endowment of a cathedral church—
(a)any sum payable to [F9the Chapter] by way of—
(i)the price payable for any interest in the property on its acquisition in pursuance of Chapter I, or
(ii)a premium on the grant of a new lease under Chapter II or section 93(4),
shall be treated as part of that endowment; and
(b)the powers conferred by [F10section 24 of the Cathedrals Measure 2021] in relation to the investment in the acquisition of land of money forming part of the endowment of a cathedral church shall extend to the application of any such money in the payment of compensation as mentioned in paragraph [F116] above.
(4)In the case of a diocesan board of finance—
(a)no consent or concurrence other than that of the Church Commissioners under sub-paragraph (2) above shall be required to a disposition under this Part of the interest of the diocesan board of finance in property (including a grant of a new lease in pursuance of section 93(4));
(b)any sum payable to the diocesan board of finance by way of—
(i)the price payable for any interest in property on its acquisition in pursuance of Chapter I, or
(ii)a premium on the grant of a new lease of property under Chapter II or section 93(4),
shall be paid to the [F12Diocesan Board of Finance in which the land is vested] to be applied for purposes for which the proceeds of any such disposition of property by agreement would be applicable under any enactment or Measure authorising such a disposition or disposing of the proceeds of such a disposition; and
(c)any sum required for the payment of compensation as mentioned in paragraph [F116] above may be paid by the [F13Diocesan Board of Finance out of any money held by it].
[F14(5)In this paragraph—
“diocesan board of finance” has the same meaning as “DBF” in the Church Property Measure 2018;
“diocesan glebe land” has the same meaning as in that Measure.]
Textual Amendments
F1Words in Sch. 2 para. 8(1)(a) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 24(2) (with ss. 42(4), 48, 52(1))
F2Words in Sch. 2 para. 8(2) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 31(a); 2006 No. 2, Instrument made by Archbishops
F3Words in Sch. 2 para. 8(2) omitted (coming into force in accordance with s. 53(3) of the amending Measure) by virtue of Cathedrals Measure 2021 (No. 2), Sch. 4 para. 24(3)(a) (with ss. 42(4), 48, 52(1))
F4Words in Sch. 2 para. 8(2) substituted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 19(2); S.I. 2019/97, art. 2
F5Words in Sch. 2 para. 8(2) inserted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 24(3)(b) (with ss. 42(4), 48, 52(1))
F6Words in Sch. 2 para. 8(2)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 124 (with Sch. 3)
F7Words in Sch. 2 para. 8(2) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 31(a); 2006 No. 2, Instrument made by Archbishops
F8Words in Sch. 2 para. 8(3) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 24(4)(a) (with ss. 42(4), 48, 52(1))
F9Words in Sch. 2 para. 8(3)(a) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 24(4)(b) (with ss. 42(4), 48, 52(1))
F10Words in Sch. 2 para. 8(3)(b) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 24(4)(c) (with ss. 42(4), 48, 52(1))
F11Words in Sch. 2 para. 8(3)(b)(4)(c) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 27(2)(c) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2
F12Words in Sch. 2 para. 8(4)(b) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 31(b); 2006 No. 2, Instrument made by Archbishops
F13Words in Sch. 2 para. 8(4)(c) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 31(c); 2006 No. 2, Instrument made by Archbishops
F14Sch. 2 para. 8(5) substituted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 19(3); S.I. 2019/97, art. 2
Modifications etc. (not altering text)
C1Sch. 2 para. 8 amended (30.6.1999) by 1999 No. 1, ss. 36(2)(6), 38(2)(3) (with ss. 33, 34, 38(6), 37)