Pastoral Measure 1983 (repealed)

62 Power to impose and enforce covenants. E

(1) Without prejudice to any restriction or requirement in a redundancy scheme or [F1 a pastoral church buildings scheme] to which section 46 or section 47 applies, the Commissioners or the diocesan board of finance may, in exercising their powers under this Part to sell, give, exchange or let or, as the case may be, to let or license any building or land, include in the conveyance, lease or other instrument such covenants imposing conditions and requirements as to the use of the building or land concerned as the Commissioners or board think necessary or expedient to give effect to the provisions of the scheme or otherwise to secure the suitable use of the building or land; and, in a case where the land is sold, given or exchanged, any such covenants shall be enforceable as if the Commissioners or board were the owners of adjacent land and the covenants were expressed to be entered into for the benefit of that adjacent land, and in the case of covenants of a positive character as if they were negative.

(2) Where any such covenant is subsequently varied or released by agreement, any sum of money received by a diocesan board of finance in consideration of the variation or release of a covenant imposed by the board shall be paid to the Commissioners and section 51(5) shall apply in relation to the sum so paid, and in relation to any sum of money received by the Commissioners in consideration of the variation or release of a covenant imposed by them, as it applies in relation to the proceeds of any sale or exchange under section 51(1), (3) or (4).

[F2 (3) Section 84 (except subsection (2)) of the Law of Property Act 1925 (which enables the [F3 Upper Tribunal] to discharge or modify restrictions affecting land) shall not apply in relation to conditions and requirements imposed under subsection (1).]

Textual Amendments

F1 Words 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

F2 S. 62(3) inserted (1.4.1994) by 1994 No. 1, s. 8; Instrument dated 25.3.1994 made by Archbishops of Canterbury and York.

F3 Words in s. 62(3) 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. 1 (with Sch. 5)