Section 67 Ecclesiastical property.

Where the relevant land F1is vested in the incumbent of a benefice F2or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land—

Where the relevant land F4is vested in the incumbent of a benefice or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land, 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.

Where a licence under this Chapter provides as mentioned in subsection (2) above—

So much of any compensation falling to be paid under this Chapter as is payable—

shall be paid (where the fee simple is vested in any person other than the F6Diocesan Board of Finance for the diocese in which the land is situated) to F7it, instead of to the person in whom the fee simple is vested.

Any sums paid under subsection (4) above to the F8Diocesan Board of Finance with reference to any land shall—

Where—

the Board shall be entitled to retain out of those moneys an amount not exceeding the amount of that fee or other charge.

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 F11Diocesan Board of Finance for the diocese in which the land is situated.

In this section —

• “benefice” means an ecclesiastical benefice of the Church of England;

• “ecclesiastical property” means land which—

  1. (a)

     belongs to a benefice;

  2. (b)

     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

  3. (c)

     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—

  1. (a)

     F12the land to which an applicant for a licence to abstract water is required by section 35 above to have a right of access; or

  2. (b)

     in the case of a licence for the purposes of section 25 above or an application for such a licence—

     1. (i)

        the land on which any part of the impounding works F13is, or is to be, or is proposed to be, constructed; or

     2. (ii)

        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.