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Part IIU.K. General Provisions applicable to all Ecclesiastical Districts

Acquisition of land for church sites, &c.U.K.

15 Provisions as to land subject to rights of common or to rents or other periodical charges. U.K.

(1)Where the land to be acquired by the [F1diocesan board of finance] for any of the purposes mentioned in section thirteen of this Measure forms part of any common or of the waste of any manor, the lord of the manor may grant the land, and the conveyance thereof shall be effectual for vesting in the [F1diocesan board of finance] the fee simple of the land as if every person having any right of common in or over the land had joined in the conveyance;

Provided that no such grant shall be made [F2 without the consent of the Secretary of State and sections 39 and 40 of the Commons Act 2006 apply in relation to an application for such consent as they apply in relation to an application for consent under section 38(1) of that Act. ]

(2)Where it appears to the [F3Secretary of State] that any rights of common will be substantially affected, he shall as a condition of giving his consent require that compensation shall be paid to the persons entitled to such rights, and in such case sections ninety-nine to one hundred and seven of the M1Lands Clauses Consolidation Act 1845 shall be incorporated with this Measure and shall apply as if the [F1diocesan board of finance] were the promoters of the undertaking.

(3)Where the land to be acquired by the [F1diocesan board of finance] for any of the purposes aforesaid forms part of land subject to any rent or other annual or recurring charge and it appears to the [F1diocesan board of finance] and the grantor of the land that the part of the land to be retained is of ample value to bear the said rent or charge, the part to be granted to the [F1diocesan board of finance] may be conveyed to [F4it] free from the rent or charge, and the remaining part shall continue to be liable therefor in the same manner as the whole land was originally liable, and the [F1diocesan board of finance] [F4 is ] hereby authorised to do all such acts as may be necessary to give effect to this provision.

Textual Amendments

F2Words in s. 15(1) substituted (1.10.2007 for E., 1.4.2012 for W) by Commons Act 2006 (c. 26), s. 56, Sch. 4 para. 5 (with s. 60); S.I. 2007/2584, art. 2(d)(i) (with art. 3); S.I. 2012/739, art. 2(h)(i) (with s. 60)

F3Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200), art. 3(3); 1965/143, art. 3(1)(a), Sch.; 1967/156, art. 3(1) and 1970/1681, art. 6(3)

Modifications etc. (not altering text)

Marginal Citations