- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 01/10/2006
Point in time view as at 01/02/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Mines And Quarries (Tips) Act 1969, Section 31.
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.
(1)No notice under section 14 may be served in respect of a disused tip if the land on which the tip is situated is ecclesiastical property, but nothing in this subsection affects the powers of a local authority under section 17.
(2)Where under this Part of this Act a document is required or authorised to be given to, or served on, any person as occupier of, or owner of an estate or interest in, any land which is ecclesiastical property, a copy of the document shall be given to or served on the Church Commissioners.
(3)Any compensation payable under section 20 to a person by virtue of his having an estate in fee simple in any land shall, if that land is ecclesiastical property, be paid (where the fee simple is vested in any person other than the Church Commissioners) to them instead of that person.
(4)Any sums paid under subsection (3) to the Church Commissioners with reference to any land shall, if the land is not consecrated, be applied by them 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, and, if the land is consecrated, be applied by them in such a manner as they may determine.
(5)Where the fee simple in any ecclesiastical property is in abeyance—
(a)it shall be treated for the purposes of this Part of this Act as being vested in the Church Commissioners; and
(b)where, by virtue of paragraph (a) above, the Church Commissioners are owners of land belonging to a benefice and, by virtue of their ownership of that land, are under a liability to pay any sum under this Part of this Act, either as owner of a disused tip or as a contributory, their liability shall be met from, and shall not exceed the total of, the sums held by them for that benefice.
(6)Where subsection (5) does not apply but a liability to pay any sum under this Part of this Act falls on any person, either as owner of a disused tip or as a contributory, by virtue of there being vested in him the fee simple in land belonging to a benefice, the Church Commissioners may apply any sums held by them for that benefice in discharging the whole or any part of that liability.
(7)In the foregoing provisions of this section “benefice” means an ecclesiastical benefice of the Church of England and “ecclesiastical property” means land belonging to a benefice or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.
(8)Subsection (1) applies in relation to Scottish church land as it applies to ecclesiastical property within the meaning of subection (7).
In this subsection, “Scottish church land” means any land being or forming part of a church of the Church of Scotland, or the site of such a church, or the manse, glebe, churchyard or burial ground appertaining to such a church.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: