Commons Bill [HL]

Subsection (7) permits regulations to enable the Church Commissioners to act with respect to land or rights vested in an ecclesiastical benefice of the Church of England. So this amendment would remove this power to make special provision. Sometimes, there may be rights of common attached to the benefice, or parsonage land may be subject to rights of common. Where the benefice is vacant—the point raised by the noble Duke, for example, where the rector has resigned and no one has been appointed to take his place—no person would be able to act on behalf of that benefice without special provision. Regulations would also enable the Church Commissioners to act during a vacancy in the benefice where an application was made for registration of parsonage land as a town or village green. The noble Duke will recognise that it is important that the Church Commissioners are empowered to act in the protection of the interests of the Church in this way. I do not have to hand any examples of there being a difficulty; if I come across any, I shall ensure that the noble Duke is made aware of them. The measure enables us to ensure that the kind of problems to which he referred—perhaps even hypothetical problems—cannot arise in future. I am assured that there is no general provision in law which would otherwise enable the commissioners to act. I say for the benefit of the Committee, particularly that of my noble friend Lord Williams, we recognise, of course, that the Church of Wales is disestablished. Therefore, this amendment and Clause 23(7) do not have any relevance for Wales.