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- Point in Time (01/10/2006)
- Original (As enacted)
Point in time view as at 01/10/2006.
There are currently no known outstanding effects for the Church of England (Miscellaneous Provisions) Measure 2006, SCHEDULE 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 14
1EFor paragraph (8) of Part I of Schedule 1 there shall be substituted the following paragraph—
“(8)Where the land is vested in the incumbent of a benefice of the Church of England the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for the damage to be sustained by the owner by reason of severance or other injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated to be applied by the Board for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.”.
Commencement Information
I1Sch. 5 para. 1 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
2EIn section 107(5) of the Agriculture Act 1947 for the words from “belongs” to the end there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England, a copy thereof shall be served on the Diocesan Board of Finance for the diocese in which the land is situated ”.
Commencement Information
I2Sch. 5 para. 2 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
3ESection 33(1)(b) shall be omitted.
Commencement Information
I3Sch. 5 para. 3 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
4EIn paragraph 1(4) of Schedule 1 for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England ” and for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.
Commencement Information
I4Sch. 5 para. 4 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
5EIn Schedule 2—
(a)in paragraph 2(2) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”, the words “(not being land in Scotland, Northern Ireland, Wales or Monmouthshire)” shall be omitted, after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”; and
(b)in paragraph 16 for the words “Church Commissioners”, in both places where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.
Commencement Information
I5Sch. 5 para. 5 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
6EIn section 42 —
(a)in subsections (2) and (5) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsection (2) the words “, not being land in Scotland, Wales or Monmouthshire,” shall be omitted;
(c)for subsection (6) there shall be substituted the following subsection—
“(6)Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.”; and
(d)in section (7) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.
Commencement Information
I6Sch. 5 para. 6 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
7EIn section 6(6) for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England ” and for the words “Church Commissioners” there shall be inserted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.
Commencement Information
I7Sch. 5 para. 7 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
8EIn section 34—
(a)for subsection (1) there shall be substituted the following subsection—
“(1)Where ecclesiastical property in England is vested in the incumbent of a benefice which is vacant it shall be treated for the purposes of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.”; and
(b)in subsection (2) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.
Commencement Information
I8Sch. 5 para. 8 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
9EIn section 51—
(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsection (2) for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”;
(c)in subsections (3) and (5) for the word “them”, in each place where it occurs, there shall be substituted the word “ it ”; and
(d)in subsection (5) for the word “they” there shall be substituted the word “ it ”.
Commencement Information
I9Sch. 5 para. 9 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
10EIn section 49—
(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”; and
(c)in subsection (4) for the word “them”, in both places where it occurs, there shall be substituted the word “ it ” and for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”.
Commencement Information
I10Sch. 5 para. 10 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
11EIn section 26—
(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsections (2) and (3) for the word “them”, in each place where it occurs, there shall be substituted the word “ it ” and in subsection (3) for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”; and
(c)in subsection (4), for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”.
Commencement Information
I11Sch. 5 para. 11 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
12(1)In section 11 for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.E
(2)In section 31 for the words from the words “in the case of land which is not diocesan glebe land” to the words “in either case” there shall be substituted the words “ shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated and ” and the last sentence shall be omitted.
Commencement Information
I12Sch. 5 para. 12 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
13EIn section 19(1)(g) for the words “Church Commissioners” there shall be substituted the words “ the Diocesan Board of Finance for the diocese in which the land is situated ” and any Regulations made under that section shall have effect accordingly.
Commencement Information
I13Sch. 5 para. 13 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
14EIn paragraph 3 of Schedule 2 —
(a)for the words from the beginning to the words “Church Commissioners” there shall be substituted the words “ In the case of diocesan glebe land the Diocesan Board of Finance in which the land is vested and, in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation, with the consent of the Church Commissioners, may ”; and
(b)at the end there shall be added— “Provided—
(a)the consent of the Church Commissioners shall be required to any transaction under this paragraph relating to diocesan glebe land if such consent would be required under the Endowments and Glebe Measure 1976 (1976 No. 4), and
(b)section 20(11) of that Measure shall apply to any transaction under this paragraph as it applies to any transaction under that Measure and as if the reference therein to the requirements of that Measure included a reference to the requirements of this paragraph.”.
Commencement Information
I14Sch. 5 para. 14 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
15EIn section 31—
(a)in subsection (2) for the words from “and the Church Commissioners” to the end of the subsection there shall be substituted the words “ provided that the consent of the Church Commissioners shall only be required if their consent would be required if the transaction were carried out under the Endowments and Glebe Measure 1976 or the Cathedrals Measure 1999 ”; and
(b)in subsection (4)(c) for the words “the Church Commissioners”, in both places where they occur, there shall be substituted the word “ board ” and for the word “their” there shall be substituted the word “ its ”.
Commencement Information
I15Sch. 5 para. 15 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
16EIn section 31 —
(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)for the word “them”, in each place where it occurs, there shall be substituted the word “ it ” and for the word “their”, in both places where it occurs, there shall be substituted the word “ its ”;
(c)in subsection (4) for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”; and
(d)in subsection (5) for the words “Where the fee simple in any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”, for the words “are owners” there shall be substituted the words “ is the owner ” and for the word “are”, in the second place where it occurs, there shall be substituted the word “ is ”.
Commencement Information
I16Sch. 5 para. 16 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
17EIn section 61—
(a)in subsection (3)(a) for the words “incumbent of the ecclesiastical benefice to which the land belongs” there shall be substituted the words “ Diocesan Board of Finance in which the land is vested ” and after the words “Church Commissioners” there shall be added the words “ in a case where their consent would be required if the transaction were carried out under the Endowments and Glebe Measure 1976 ”; and
(b)subsections (4) and (5) are hereby repealed.
Commencement Information
I17Sch. 5 para. 17 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
18(1)In section 13(1) for paragraphs (a) and (b) there shall be substituted the words “ to the Diocesan Board of Finance for the diocese in which the land is situated ” and the words “(in either case)” shall be omitted.E
(2)In section 13(2) the words from the words “or being diocesan glebe land” to the end shall be omitted.
Commencement Information
I18Sch. 5 para. 18 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
19EIn section 5(5) for the words “belongs to an ecclesiastical benefice” there shall be substituted the words “ is vested in the incumbent of a benefice of the Church of England ” and for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.
Commencement Information
I19Sch. 5 para. 19 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
20EIn section 51—
(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ” and in subsection (4) for the word “them” there shall be substituted the word “ it ”; and
(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance, the fee simple” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant it ”.
Commencement Information
I20Sch. 5 para. 20 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
21(1)In section 169—E
(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”; and
(b)for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”.
(2)In section 171, in the definition of “ecclesiastical property” after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.
Commencement Information
I21Sch. 5 para. 21 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
22(1)For section 87(6) there shall be substituted the following subsection—E
“(6)Where land is—
(a)glebe land, the Diocesan Board of Finance in which the land is vested, with the consent of the Church Commissioners (unless such consent would not be required under the Endowments and Glebe Measure 1976 if the transaction were carried out under that Measure),
(b)land belonging to an ecclesiastical benefice of the Church of England, the incumbent of the benefice, with the consent of the Diocesan Board of Finance, or
(c)part of the endowment of any other ecclesiastical corporation, the ecclesiastical corporation, with the consent of the Church Commissioners,
may enter into an agreement under this section relating to the land either for consideration or gratuitously and any payment made in respect of such agreement may be applied for purposes for which the proceeds of a sale by agreement of the property would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.”.
(2)In paragraph 1(4) of Schedule 6 after the word “benefice” there shall be inserted the words “ of the Church of England ” and for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.
Commencement Information
I22Sch. 5 para. 22 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
23(1)In section 76—E
(a)for the words “Church Commissioners”, in both places where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”, and
(b)In subsection (1) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ”.
(2)In section 80(1), in the definition of “ecclesiastical property” after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.
Commencement Information
I23Sch. 5 para. 23 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
24(1)In section 12(3)—E
(a)for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”; and
(c)the words “or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976” shall be omitted.
(2)In paragraph 3(3) of Schedule 1—
(a)for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”; and
(c)the words “or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976” shall be omitted.
Commencement Information
I24Sch. 5 para. 24 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
25EIn section 41—
(a)for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ appropriate authority ”; and
(b)in subsection (3) there shall be added at the end the words “ and “appropriate authority” means, in the case of funds held in trust for a cathedral, the corporate body of that cathedral established under section 9(1)(a) of the Cathedrals Measure 1999 and in the case of funds held in trust for a benefice the Diocesan Board of Finance for the diocese in which that benefice is situated ”.
Commencement Information
I25Sch. 5 para. 25 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
26EIn section 318—
(a)in subsections (1), (2), (4) and (5) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ” and in paragraphs (a) and (b) for the words “the fee simple”, in each place, there shall be substituted the word “ it ”;
(c)in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “ shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated ” and the words “(in either case)” shall be omitted;
(d)in subsections (3), (4) and (5) for the word “them”, in each place where it occurs, there shall be substituted the word “ it ”; and
(e)in subsection (6) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ”, after the word “diocese” there shall be inserted the words “ of the Church of England ” and the words from “or being diocesan glebe land” to the end shall be omitted.
Commencement Information
I26Sch. 5 para. 26 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
27EIn section 86—
(a)in subsections (1) and (2) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ” and in paragraphs (a) and (b) for the words “the fee simple”, in each place, there shall be substituted the word “ it ”;
(c)in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated”, the words “(in either case)” shall be omitted and for the word “them” there shall be substituted the word “ it ”; and
(d)in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ”, after the word “diocese” there shall be inserted the words “ of the Church of England ” and the words from “or being diocesan glebe land” to the end shall be omitted.
Commencement Information
I27Sch. 5 para. 27 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
28EIn section 34—
(a)in subsections (1) and (2) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsection (2) for the words “Where the fee simple of any ecclesiastical property is in abeyance” there shall be substituted the words “ Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant ” and for the words “the fee simple” there shall be substituted the word “ it ”;
(c)in subsection (3) for paragraphs (a) and (b) there shall be substituted the words “shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated”, the words “(in either case)” shall be omitted and for the word “them” there shall be substituted the word “ it ”; and
(d)in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ”, after the word “diocese” there shall be inserted the words “ of the Church of England ” and the words from “or being diocesan glebe land” to the end shall be omitted.
Commencement Information
I28Sch. 5 para. 28 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
29(1)In section 20—E
(a)for the words “Church Commissioners”, in each place where they occur, and for the word “Commissioners”, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsection (1)(b) for the words “they give” there shall be substituted the words “ it gives ”;
(c)in subsection (2)(b) for the word “them” there shall be substituted the word “ it ”; and
(d)in subsection (4) after the words “ecclesiastical benefice” there shall be inserted the words “ of the Church of England ” and after the word “diocese” there shall be inserted the words “ of the Church of England ”.
(2)In section 33(7) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”.
Commencement Information
I29Sch. 5 para. 29 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
30EIn section 67—
(a)in subsections (1), (3), (4) and (7) for the words “Church Commissioners”, in each place where they occur, there shall be substituted the words “ Diocesan Board of Finance for the diocese in which the land is situated ”;
(b)in subsections (1) and (2) for the words “belongs to a benefice” there shall be substituted the words “ is vested in the incumbent of a benefice ”;
(c)in subsection (4) for the word “them” there shall be substituted the word “ it ”;
(d)in subsection (5) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance ”, for the word “them”, in both places where it occurs, there shall be substituted the word “ it ” and for the words “in such manner as they may determine” there shall be substituted the words “ as if the land had been sold under the Pastoral Measure 1983 ”;
(e)in subsection (6)(a) for the words “the Church Commissioners are” there shall be substituted the words “ a Diocesan Board of Finance is ”; and
(f)in subsection (6) for the word “Commissioners”, in both places where it occurs, there shall be substituted the word “ Board ”.
Commencement Information
I30Sch. 5 para. 30 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
31EIn paragraph 8 of Schedule 2—
(a)in sub-paragraph (2) after the word “required” there shall be inserted the words “ , if their consent would be required if the transaction were carried out under the Cathedrals Measure 1999 or the Endowments and Glebe Measure 1976, ” and the words from “and the Church Commissioners” to the end shall be omitted;
(b)in sub-paragraph (4)(b) for the words “Church Commissioners” there shall be substituted the words “ Diocesan Board of Finance in which the land is vested ”; and
(c)in sub-paragraph (4)(c) for the words from “Church Commissioners” to the end there shall be substituted the words “ Diocesan Board of Finance out of any money held by it ”.
Commencement Information
I31Sch. 5 para. 31 in force at 1.10.2006 by S.I. 2006/2, Instrument made by Archbishops
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