Endowments and Glebe Measure 1976

Supplemental U.K.

45 Interpretation. E

(1) In this Measure, except in so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—

• “the appointed day” means the day appointed under section 49(2) of this Measure;

• “benefice” means the office of a rector or vicar of a parish or parishes, with cure of souls, but not including the office of vicar in a team ministry;

• “church land” means the site of any church together with the churchyard and other land annexed or belonging to the church, and any burial ground vested in the incumbent of a benefice (when the benefice is full) but not annexed or belonging to a church;

• “the Commissioners” means the Church Commissioners;

• “Diocesan Board of Finance” means, in relation to a diocese, the board of that name constituted under the M1 Diocesan Boards of Finance Measure 1925 for that diocese or recognised under section 9 of the M2 Diocesan Stipends Funds Measure 1953 as being the board of finance for that diocese for the purpose of that Measure;

• “diocesan glebe land” means glebe land acquired by a Diocesan Board of Finance under any provision of this Measure and any other land acquired by such a Board, being land which by virtue of, or of any enactment amended by, a provision of this Measure is to be held as part of the diocesan glebe land of the diocese;

• “diocesan stipends fund” means, in relation to a diocese, the fund of that name established under the M3 Reorganisation Areas Measure 1944 or the M4 Pastoral Reorganisation Measure 1949 or the M5 Diocesan Stipends Funds Measure 1953 for that diocese;

• “glebe land” means land vested in the incumbent of a benefice (when the benefice is full) as part of the endowments of the benefice other than parsonage land;

• “land” includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments, also a manor, a rent and other incorporeal hereditaments other than an advowson, and an easement, right, privilege or benefit in, over or derived from land;[ “lay worker” means a person who has been admitted by a bishop as a lay worker of the Church of England and who has been licensed by a bishop to serve as such a worker;]

• “lease” includes an underlease and a tenancy and an agreement for a lease, underlease or tenancy, and “lessee” shall be construed accordingly;

• “mines and minerals” includes any stratum or seam of minerals or substances in or under any land, and powers of searching for, working and getting the same, and “minerals” includes sand and gravel;

• “mortgage” includes charge;

• “Parsonages Board” means the Board appointed or designated under section 1 of the M6 Repair of Benefice Buildings Measure 1972 for the purposes of that Measure;

• “parsonage house” means a residence vested in the incumbent of a benefice (when the benefice is full), being his official residence, and includes the buildings, gardens, orchards, paddocks, walls, fences and appurtenances occupied with the residence; and “excluded part of a parsonage house” means any part of a parsonage house which by reason of a certificate of the bishop under section 11 of the M7 Parsonages Measure 1938 is to be deemed not to form part of that house;

• “parsonage land” means any of the following—

  (a)

  a parsonage house;

  (b)

  any excluded part of a parsonage house;

  (c)

  any building, part of a building or land which the incumbent of a benefice has acquired or agreed to acquire as a parsonage house or for the site of such a house;

  (d)

  any building, part of a building or land vested in the incumbent of a benefice (when the benefice is full), being a building or land which in the opinion of the Commissioners should be retained for use as a parsonage house or as the site for such a house;

  (e)

  any parsonage house or part thereof which ceases to be, or to be part of, such a house by virtue of a pastoral scheme or order and for which no provision for its transfer is made by that scheme or order;

  (f)

  any parsonage house or part thereof which has ceased to be, or to be part of, such a house otherwise than by virtue of a pastoral scheme or order and in relation to which the consent of the Commissioners for its sale under the M8 Parsonages Measure 1938 has been given;

• “pastoral order” means an order made by the bishop under [F1 section 8 of the Pastoral Measure 1983];

• “pastoral scheme” means a scheme made by the CommissionersF2 ...under Part I of the [F3 Pastoral Measure 1983], and includes any scheme made in pursuance of proposals by a joint pastoral committee appointed under [F3 section 13] of that Measure;

• “sale”, in relation to an easement, right, privilege, or benefit in, over or derived from land, includes grant.

• [F4 “ subsidiary ” has the same meaning as in the Companies Act 1985 ]

(2) If any question whether any land is parsonage land arises it shall be conclusively determined by the Commissioners.

(3) Any reference in this Measure to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment, including this Measure.

Textual Amendments

F1 S. 45(1): words in definition of "pastoral order" substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 13(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F2 Words in s. 45(1) omitted (1.6.2005) by virtue of Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 7; 2005 No. 2, Instrument made by Archbishops

F3 S. 45(1): words in definition of “pastoral scheme" substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 13(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F4 S. 45(1): definition of "subsidiary" inserted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 13(c); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

Modifications etc. (not altering text)

C1 Definition in s. 45(1) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No.1), s. 17(1), Sch. 3 para. 17; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York

Marginal Citations

M1 1925 No. 3.

M2 1953 No. 2.

M3 1944 No. 1.

M4 1949 No. 3.

M5 1953 No. 2.

M6 1972 No. 2.

M7 1938 No. 3.

M8 1938 No. 3.

46 Effect of endowment income diversion provisions in certain schemes and orders. U.K.

The provisions of Schedule 4 to this Measure shall have effect in relation to a provision in a pastoral scheme or order that part of the income of the endowments of a benefice shall be paid to the income account of a diocesan stipends fund where—

(a) the scheme or order is made, and in the case of the scheme confirmed, on or after the appointed day but the inclusion therein of such a provision was under consideration before that day; or

(b) the scheme or order was made, and in the case of the scheme confirmed, before that day but the provision in question comes into force on or after that day.

47 Amendments, transitional provisions and repeals. U.K.

(1) Schedule 5 to this Measure, which contains minor and consequential amendments of certain enactments, shall have effect.

(2) The transitional provisions in Schedule 6 to this Measure shall have effect.

(3) The enactments specified in Schedule 7 to this Measure, being enactments relating to the sale, purchase, exchange, leasing and other dealings with ecclesiastical property, shall to the extent specified in column 3 of that Schedule cease to apply to any incumbent.

(4) The Acts and Measures specified in Schedule 8 to this Measure are hereby repealed to the extent specified in column 3 of that Schedule.

Modifications etc. (not altering text)

C2 The text of ss. 9, 18(4)(5), 35, 38(1), 41, 44, 47(1)(4), Sch. 5 and Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

48 Extent and application. U.K.

(1) This Measure shall extend to the whole of the provinces of Canterbury and York, except the Channel Islands and the diocese of Sodor and Man, but may be applied to the Channel Islands or either of them, as defined in the M9 Channel Islands (Church Legislation) Measures 1931 and M10 1957, in accordance with those Measures.

(2) This Measure applies to benefices in the patronage of the Crown or of the Duchy of Cornwall.

Marginal Citations

M9 1931 No. 4.

M10 1957 No. 1.

49 Short title, and commencement. U.K.

(1) This Measure may be cited as the Endowments and Glebe Measure 1976.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 49(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Modifications etc. (not altering text)

C3 1.4.1978 appointed under s. 49(2)