34 Ecclesiastical property.E+W
(1)Where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the [F1Diocesan Board of Finance for the diocese in which the land is situated].
(2)[F2Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant] and the property is situated elsewhere than in Wales, then for the purposes of this section, sections 8 and 22 and section 31(1), so far as it applies to section 8, and any other provisions of the planning Acts so far as they apply, or have effect for the purpose of, any of those provisions, [F3it] shall be treated as being vested in the [F4Diocesan Board of Finance for the diocese in which the land is situated].
(3)Any compensation payable under section 16 in respect of land which is ecclesiastical property [F5shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated] and shall F6... be applied by [F7it] for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.
(4)In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice [F8 of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F8 of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F9....
Textual Amendments
F1Words in s. 34(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(a); 2006 No. 2, Instrument made by Archbishops
F2Words in s. 34(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(b); 2006 No. 2, Instrument made by Archbishops
F3Word in s. 34(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(b); 2006 No. 2, Instrument made by Archbishops
F4Words in s. 34(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(a); 2006 No. 2, Instrument made by Archbishops
F5Words in S. 34(3) substituted for s. 34(3)(a)-(b) (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(c); 2006 No. 2, Instrument made by Archbishops
F6Words in s. 34(3) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(c); 2006 No. 2, Instrument made by Archbishops
F7Word in s. 34(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(c); 2006 No. 2, Instrument made by Archbishops
F8Words in s. 34(4) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(d); 2006 No. 2, Instrument made by Archbishops
F9Words in s. 34(4) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 28(d); 2006 No. 2, Instrument made by Archbishops
Commencement Information
I1S. 34 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 34 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2