61 Special classes of land.E+W
(1)Land forming part of the possessions . . . F1 of the Duchy of Cornwall may be leased to a smallholdings authority or to the Minister for the purposes of smallholdings for a term not exceeding 35 years, with or without a right of renewal for a further term not exceeding 35 years.
(2)The powers of leasing conferred by subsection (1) of this section shall be exercisable—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(b)in the case of land forming part of the possessions of the Duchy of Cornwall, by the Duke of Cornwall or such other persons as for the time being have power to dispose of land belonging to the Duchy.
(3)In the case of glebe land—
(a)the like powers of leasing may be exercised by the [F3incumbent of the ecclesiastical benefice to which the land belongs][F3 Diocesan Board of Finance in which the land is vested ], but shall not be so exercised except with the consent of the Church Commissioners[F4 in a case where their consent would be required [F5under section 21 of the Church Property Measure 2018 if the transaction were carried out under Part 2 of that Measure]];
(b)the consent of any person, other than the Church Commissioners, shall not be required to enable the land to be sold to a smallholdings authority or to the Minister for the purposes of smallholdings.
(4)[F6Where any glebe land has, whether before or after the commencement of this Part of this Act, been leased to a smallholdings authority or to the Minister for the purposes of smallholdings—
(a)the provisions of the Ecclesiastical Dilapidations Measures 1923 to 1951, or of any other enactment or Measure relating to dilapidations of ecclesiastical property which is for the time being in force, shall not have effect in relation to buildings on that land during the tenancy of the smallholdings authority or of the Minister, and
(b)at any time within twelve months from the date on which possession of the land is delivered up by the smallholdings authority or the Minister at the end of the tenancy the incumbent of the ecclesiastical benefice to which the land belongs may apply to the Church Commissioners for their consent to the removal of any buildings which have been erected on the land for the purpose of adapting it to the purposes of smallholdings.]
(5)[F6Where an application is made to the Church Commissioners under subsection (4)(b) of this section, and it is proved to the satisfaction of the Commissioners that any buildings to which the application relates are useless, and that it is to the interest of the benefice that they should be removed, the incumbent may, with the consent of the Commissioners, and subject to such directions as they may give, pull down those buildings and dispose of the materials from them, and any proceeds shall be paid to the Commissioners to be applied by them to the improvement of the benefice in such manner as the Commissioners may direct.]
(6)Where, in any case not falling within any of the preceding subsections, a person, by virtue of the M1Settled Land Act 1925, the M2Universities and College Estates Act 1925 or any other enactment, has power, whether subject to any consent or conditions or not, to lease any land for agricultural purposes for a term not exceeding that specified in the enactment, he shall (without prejudice to that power) have power by virtue of this subsection, subject to the like consent and conditions (if any), to lease the land to a smallholdings authority or to the Minister for the purposes of smallholdings for a term not exceeding 35 years, with or without a right of renewal for a further term not exceeding 35 years.
Textual Amendments
F1Words repealed by Duchy of Lancaster Act 1988 (c. 10, SIF 29:10), s. 1(4), Sch.
F2S. 61(2)(a) repealed by Duchy of Lancaster Act 1988 (c. 10, SIF 29:10), s. 1(4), Sch.
F3Word in s. 61(3)(a) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 17(a); 2006 No. 2, Instrument made by Archbishops
F4Words in s. 61(3)(a) added (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 17(a); 2006 No. 2, Instrument made by Archbishops
F5Words in s. 61(3)(a) substituted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 12; S.I. 2019/97, art. 2
F6S. 61(4)(5) repealed (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 17(b); 2006 No. 2, Instrument made by Archbishops; 2006 No. 2, Instrument made by Archbishops
Marginal Citations