Pastoral (Amendment) Measure 2006

Document Number:2006 No. 2
 
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A Measure passed by the General Synod of the Church of England to enable leases to be granted of parts of churches and of land belonging or annexed to a church and for connected purposes.

[11 th July 2006]

1 Amendment of section 56 of Pastoral Measure 1983

Section 56 of the Pastoral Measure 1983 shall be amended as follows—

(a) in subsection (2) , there shall be inserted at the beginning the words “Subject to subsections (2 A) and (2 B) ,”; and

(b) after subsection (2) there shall be inserted the following subsections—

“(2 A) Without prejudice to subsection (3)(a) , on an application by the incumbent of the benefice comprising or including the parish in which the church is situated or, where the benefice is vacant, the bishop in the name and on behalf of the incumbent in the corporate capacity of the incumbent, the court may grant a faculty for a lease to be granted by the incumbent or, as the case may be, the bishop, of part of a church, provided that the court shall ensure that the premises remaining unlet, together with the premises let, under any lease or leases granted under this subsection, are, taken as a whole, used primarily as a place of worship.

(2 B) On an application by any person referred to in subsection (2 A) the court may, whether or not it grants a faculty under that subsection, grant a faculty for the lease of any land belonging to or annexed to a church.

(2 C) The parochial church council for the parish in which the church or land is situated shall be a party to any lease granted under subsection (2 A) or (2 B) and, without prejudice to the rights and obligations of the lessor, shall have the same rights as the lessor to enforce any term of the lease which may be binding on the lessee, including any rights to forfeit the lease or to distrain on the property of the lessee.

(2 D) Subject to any directions of the court, any rent or other payment payable under any lease granted under subsection (2 A) or (2 B) shall be paid to the parochial church council.

(2 E) Subject to subsections (2 D) and (2 F) , any such lease shall be for such period, and may contain such terms, as the court may determine and the lease or any terms contained therein may be varied at any time by the court on application by any party to the lease or otherwise as authorised by the court.

(2 F) Any such lease shall be deemed to contain the following terms—

(a) in the case of a lease of part of a church granted under subsection (2 A) , the premises which...

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