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- Point in Time (14/03/2012)
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Version Superseded: 29/04/2021
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(1)Before exercising any power to acquire or dispose of land the Chapter shall obtain the consent of the Church Commissioners and also in the case of the disposal of a house of residence—
(a)the consent of the dean or residentiary canon who normally occupies the house except during a vacancy in the office of the dean or residentiary canon, as the case may be, and
(b)where the house is allocated for the use of the holder of a dignity the right of presentation to which is vested in Her Majesty, the consent of Her Majesty:
Provided that no consent shall be required under this subsection for—
(i)the grant of a lease to a clerk in Holy Orders holding office in the cathedral or to any person employed in connection with the cathedral, or
(ii)the acquisition of land by a gift inter vivos or by will, or
(iii)any transaction for which the sanction of an order is required under [F1sections 117 to 121 of the Charities Act 2011,] or
(iv)any transaction relating to land which immediately before the relevant date is held by the dean and chapter of the cathedral of St Paul in London as part of the Tillingham estate.
(2)The Church Commissioners may by order except from the provisions of subsection (1) above transactions relating to land forming part of an estate specified in the order or transactions of a class so specified or relating to property of a class so specified.
(3)The powers conferred by section 4(9) above may be exercised notwithstanding that the consideration for any transaction executed thereunder may not be the full consideration.
(4)The sealing by the Church Commissioners of any document under this section shall be conclusive evidence that all the requirements of this section with respect to the transaction to which the document relates have been complied with.
(5)A statement in a document sealed by the Chapter that the consent thereto of the Church Commissioners is not required under this section shall be sufficient evidence of that fact.
Textual Amendments
F1Words in s. 15(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 83 (with s. 20(2), Sch. 8)
Modifications etc. (not altering text)
C1S. 15(1) excluded (31.1.2011) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), ss. 11(8), 13(2) (with s. 9); S.I. 2010/8, art. 2
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