Section 318 Ecclesiastical property.
England and Wales
Without prejudice to the provisions of the M1Acquisition of Land Act 1981 with respect to notices served under that Act, 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.
F2Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant—
in any case, it shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served, or be deemed to have been served, accordingly.
Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 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.
Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—
shall be paid to the F8Diocesan Board of Finance for the diocese in which the land is situated, and
shall be applied by it for the purposes mentioned in subsection F9(3).
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice F12of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese F13of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F14. . . .
Annotations
Textual amendments
- F1
Words in s. 318(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F2
Words in s. 318(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(b); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F3
Word in s. 318(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(b); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F4
Words in s. 318(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F5
Words in s. 318(3) substituted for s. 318(3)(a)(b) (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(c); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F6
Words in s. 318(3)(b) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(c); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F7
Word in s. 318(3)(4)(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(d); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F8
Words in s. 318(4) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F9
Word in s. 318(4)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 70, Sch. 15 Pt. II para. 30(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
- F10
Words in s. 318(5) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 33 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
- F11
Words in s. 318(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(a); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F12
Words in s. 318(6) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F13
Words in s. 318(6) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
- F14
Words in s. 318(6) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 26(e); {Instrument dated 11.9.2006 made by the Archbishops of Canterbury and York}
Marginal citations
- M1
Modifications
- C1
S. 318(1)(3)(6) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(1)