{
  "url": "https://openlegislation.uk/church-property-measure-2018/section-12",
  "json_url": "https://openlegislation.uk/church-property-measure-2018/section-12.json",
  "legislation": "ukcm/2018/8",
  "legislation_title": "Church Property Measure 2018",
  "legislation_url": "https://openlegislation.uk/church-property-measure-2018",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Conveyancing formalities",
  "text": "(1) Where a house or other land is bought, sold or exchanged under this Part, the transfer must be made by or to—\n(a) the incumbent of the benefice in the capacity as a corporation sole, or\n(b) where the benefice is vacant, the bishop of the diocese in the name and on behalf of the incumbent in the capacity as a corporation sole.\n(2) In a case within subsection (1)(b), once the vacancy is filled, the transfer may not be disclaimed or renounced by an incumbent succeeding to the benefice.\n(3) Every transfer of a house or other land bought or acquired by way of exchange for a benefice under this Part must be filed in the registry of the diocese concerned in the manner specified in rules.\n(4) Where a house or other land sold or exchanged under this Part is subject to a mortgage or charge in favour of the Church Commissioners, the document giving effect to the sale or exchange discharges the land or buildings from the mortgage or charge; and the mortgage or charge attaches—\n(a) in the case of a sale, to the money arising from the sale;\n(b) in the case of an exchange, to the house or other land acquired on the exchange and to any money paid to the Parsonages Board for equality of exchange.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 12(5) omitted (17.5.2024) by virtue of Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 14(7), 22(4); S.I. 2024/631, art. 2"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 12(1)-(4) in force at 1.3.2019 by S.I. 2019/97, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukcm/2018/8/section/12",
    "retrieved_at": "2026-10-29T20:22:15.330132+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}