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Church Property (Miscellaneous Provisions) Measure 1960
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Changes over time for: Section 8
Version Superseded: 01/03/2019
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- 01/02/1991- Amendment
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8 Provisions as to Covenants.E
(1)Where in pursuance of any Act or Measure land is acquired by the incumbent of a benefice in such a manner that it vests in the incumbent in right of his benefice the incumbent shall have power to enter into a covenant restrictive of the user of, or requiring the doing of any act in relation to, the land acquired or any other land vested in him in right of his benefice; and where in pursuance of any Act or Measure land vested in the incumbent of a benefice in right of his benefice is sold or otherwise disposed of, the incumbent shall have power to enter into a covenant restrictive of the user of, or requiring the doing of any act in relation to, any other land so vested; and any such covenant entered into under this subsection shall, unless the conveyance otherwise provides, be enforceable against the incumbent for the time being of the benefice in whom the land affected by the covenant is vested.
(2)Where in pursuance of any Act or Measure the [F1diocesan board of finance] [F2or a board] acquire land which is to vest in the incumbent of a benefice in right of his benefice, or where an archbishop or a bishop or the guardian of the spiritualities acquires, sells, or otherwise disposes of land on behalf of the incumbent of a benefice during a vacancy in the benefice, the [F1diocesan board of finance], [F3 the board,] the archbishop, the bishop or the guardian of the spiritualities, as the case may be, shall have the same powers of entering into covenants as the incumbent has under the last foregoing subsection, and any covenant entered into under this subsection shall, unless the conveyance otherwise provides, be enforceable against the incumbent for the time being of the benefice in whom the land affected by the covenant is vested.
(3)Where a covenant is entered into by the incumbent under subsection (1) of this section, the incumbent shall not be liable for any breach of the covenant which occurs after he has ceased to be the incumbent of the benefice, and where a covenant is entered into by the [F1diocesan board of finance] or by [F2a board,] an archbishop, a bishop or the guardian of the spiritualities under subsection (2) of this section, the [F1diocesan board of finance], [F3the board]the archbishop, the bishop or the guardian of the spiritualities shall not be liable for any breach which occurs after the land has vested in the incumbent.
Textual Amendments
F1Words in s. 8(2)(3) substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 12(2), 13(2); 2010 No. 2, art. 3, Sch. 2
F2Words in s. 8(2)(3) inserted (1.1.2001) by 2000 Measure No. 1, s. 5, Sch. 3 para. 3; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F3Words in s. 8(2)(3) inserted (1.1.2001) by 2000 Measure No. 1, s. 5, Sch. 3 para. 3; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
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