C10C1C17C16C11C20C23Part IX Acquisition and Appropriation of Land for Planning Purposes, etc.

Annotations:
Modifications etc. (not altering text)

Extinguishment of certain rights affecting acquired or appropriated land

C3C4C6C9C18C7C13C8C15C11C12C14C19C20C21C22C23238C11C20C23C2 Use and development of consecrated land.

1

Notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land, any such land, which has been the subject of a relevant acquisition or appropriation, may subject to the following provisions of this section—

a

if it has been acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

C5b

in any other case, be used by any person in any manner in accordance with planning permission.

2

Subsection (1) applies whether or not the land includes a building but it does not apply to land which consists of or forms part of a burial ground.

3

Any use of consecrated land authorised by subsection (1) shall be subject—

a

to compliance with the prescribed requirements with respect—

i

to the removal and reinterment of any human remains, and

ii

to the disposal of monuments and fixtures and furnishings; and

b

to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part of it, remains on the land.

4

Any use of land other than consecrated land which—

a

has been the subject of a relevant acquisition or appropriation, and

b

at the time of acquisition or appropriation included a church or other building used or formerly used for religious worship or the site of such a church or building,

shall be subject to compliance with such requirements as are mentioned in subsection (3)(a).

5

Any regulations made for the purposes of subsection (3) or (4)—

a

shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the same control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

b

shall contain such requirements relating to the disposal of any such land as is mentioned in subsection (3) or (4) as appear to the Secretary of State requisite for securing that the provisions of those subsections are complied with in relation to the use of the land; and

c

may F1in particular by virtue of section 333(2B) include provision as to the closing of registers.

6

Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in subsection (1).