OpenLegislation

Section 13 Ecclesiastical property.

England and Wales

(1)

Any compensation payable under this Part of this Act in respect of land which is ecclesiastical property shall be paid

F1(F2a)

in the case of land which is not diocesan glebe land, to the Church Commissioners; and

(b)

in the case of diocesan glebe land, to the Diocesan Board of Finance in which the land is vested,

to the Diocesan Board of Finance for the diocese in which the land is situated and F3(in either case) shall be applied 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.

(2)

In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese 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 F4F5or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the M1Endowments and Glebe Measure 1976.

Annotations

Textual amendments

F1

Words in s. 13(1) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 20(a) (with s. 84(5)); S.I. 1991/2067, art.3

F2

Words in s. 13(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(1); 2006 No. 2, Instrument made by Archbishops

F3

Words in s. 13(1) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(1); 2006 No. 2, Instrument made by Archbishops

F4

Words in s. 13(2) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(2); 2006 No. 2, Instrument made by Archbishops

F5

Words in s. 13(2) added (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 20(b) (with s. 84(5)); S.I. 1991/2067, art.3

Marginal citations

M1

1976 GSM No. 4

Notes on Part I

Modifications

C1

Pt. 1 (ss. 1–19) modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(1), Sch. 7 Pt. VI para. 2

C2

Pt. 1 amended by Local Government, Planning and Land Act 1980 (c. 65), s. 113

C3

Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)

C4

Pt. 1 applied (with modifications) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 101(7), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h)