- Latest available (Revised)
- Point in Time (01/12/2001)
- Original (As enacted)
Version Superseded: 01/04/2006
Point in time view as at 01/12/2001. This version of this provision has been superseded.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 Water Resources Act 1991, Section 67.
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)Where the relevant land belongs to a benefice—
(a)an application for a licence under this Chapter may be made by the Church Commissioners if the benefice is for the time being vacant; and
(b)any reference in this Chapter to the applicant for a licence shall be construed—
(i)in relation to any time when the benefice in question is vacant, as a reference to the Church Commissioners; and
(ii)in relation to any time when there is an incumbent of the benefice, as a reference to that incumbent.
(2)Where the relevant land belongs to a benefice, any licence under this Chapter shall provide that (notwithstanding anything in the preceding provisions of this Chapter) whoever is for the time being the incumbent of the benefice shall be the holder of the licence.
(3)Where a licence under this Chapter provides as mentioned in subsection (2) above—
(a)the licence shall not be required to specify the person to whom the licence is granted; and
(b)the licence shall be deemed to be held by the Church Commissioners at any time when the benefice in question is vacant.
(4)So much of any compensation falling to be paid under this Chapter as is payable—
(a)in respect of damage to land which is ecclesiastical property and to the owner of the fee simple in the land; or
(b)in respect of depreciation of the value of the fee simple in land which is ecclesiastical property,
shall be paid (where the fee simple is vested in any person other than the Church Commissioners) to them, instead of to the person in whom the fee simple is vested.
(5)Any sums paid under subsection (4) above to the Church Commissioners with reference to any land shall—
(a)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 or disposing of the proceeds of such a sale; and
(b)if the land is consecrated, be applied by them in such manner as they may determine.
(6)Where—
(a)the Church Commissioners are required, by virtue of subsection (3)(b) above, to pay any fee or other charge in respect of a licence under this Chapter; and
(b)any moneys are then payable by the Commissioners to the incumbent of the benefice in question or subsequently become so payable,
the Commissioners shall be entitled to retain out of those moneys an amount not exceeding the amount of that fee or other charge.
(7)Where under any provision of this Chapter a document is required to be served on an owner of land and the land is ecclesiastical property, a copy of the document shall be served on the Church Commissioners.
(8)In this section —
“benefice” means an ecclesiastical benefice of the Church of England;
“ecclesiastical property” means land which—
belongs to a benefice;
is or forms 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
is or forms part of a burial ground so subject;
and
“the relevant land”, in relation to a licence under this Chapter or an application for such a licence, means—
the land on which water abstracted in pursuance of the licence is to be, or is proposed to be, used; or
in the case of a licence for the purposes of section 25 above or an application for such a licence—
the land on which any part of the impounding works is to be, or is proposed to be, constructed; or
in relation to an alteration of impounding works, the land on which any part of those works is situated or is to be, or is proposed to be, situated.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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: