Clergy Pensions Measure 1961

26 Powers of Board as to provision of residences. E

(1) The Board shall have power:—

[F1 (a) to provide, maintain and manage homes for the residence of retired clerks, deaconesses and licensed lay workers and the spouses[F2 or former spouses] of retired clerks, deaconesses and licensed lay workers;

(b) to provide, maintain and manage homes for the residence of the widows, widowers[F3 , former spouses] and dependants of deceased clerks, deaconesses and licensed lay workers]

(c) to assist others in providing, maintaining or managing any such homes as are mentioned in the two last foregoing paragraphs; and

(d) to assist others in maintaining any such persons as are mentioned in paragraphs (a) and (b) of this subsection in homes of residence for such persons and other persons.

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2) For the purposes of exercising any of their powers under the last foregoing subsection the Board may:—

(a) acquire, hold, maintain, convert or repair any land or buildings;

(b) assist other persons in acquiring, maintaining, converting or repairing any land or buildings;

(c) construct or improve, or assist other persons in the construction or improvement of, houses or buildings of any kind.

(3) Each of the several acts and things which the Board have power to do by virtue of the foregoing provisions of this section may be done either alone or in conjunction with other persons.

[F5 [F6 (3A)] [F6 The Board shall have power to make a loan, on such terms as the Board think fit—

(a) to a clerk, deaconess or licensed lay worker who has retired or has attained the requisite age; or

(b) to the widow or widower[F7 or former spouse] of a deceased clerk, deaconess or licensed lay worker;

to assist him or her to purchase, build, rebuild or improve a dwelling-house (including a flat) in which he or she resides or is to reside, being a loan made on the security of the dwelling-house and in respect of a freehold interest or a leasehold interest the unexpired term of which is not less than sixty years; and any loan which the Board has power to make under this subsection to a person mentioned in paragraph (a) above may instead[F8 or in addition] be made to the spouse[F9 or former spouse] of that person.

In this subsection “the requisite age” means three years below retiring age or such other age below retiring age as the General Synod may by resolution from time to time determine in relation to the retiring age for men or in relation to the retiring age for women.]

A resolution shall not be made except on a recommendation of the Board made with the concurrence of the Commissioners and a resolution may be in accordance with, or different from, a recommendation.

[F10 (3B) A resolution under subsection (3A) above]shall not affect a loan made by the Board before the resolution takes effect.]

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Nothing in this section shall authorise the Board to acquire, hold or apply any property, whether real or personal, for any purposes other than charitable purposes.

Textual Amendments

F1 S. 26(1)(a)(b) substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 12(1)(a)

F2 Words in s. 26(1)(a) inserted (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 3(a), 7(2); S.I. 2003/1, Instrument made by Archbishops

F3 Words in s. 26(1)(b) inserted (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 3(b), 7(2); S.I. 2003/1, Instrument made by Archbishops

F4 S. 26(1)(e) repealed by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 12(1)(b), 18(2), Sch. 3

F5 S. 26(3A) inserted by Clergy Pensions (Amendment) Measure 1982 (No. 2, SIF 21:5), s. 2(1)

F6 “(3A)” and words following substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 12(2)(a)

F7 Words in s. 26(3A)(b) inserted (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 3(c), 7(2); S.I. 2003/1, Instrument made by Archbishops

F8 Words in s. 26(3A) inserted (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 3(d), 7(2); S.I. 2003/1, Instrument made by Archbishops

F9 Words in s. 26(3A) inserted (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 3(e), 7(2); S.I. 2003/1, Instrument made by Archbishops

F10 Words substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 12(2)(b)

F11 S. 26(4) repealed (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 6, 7(2), Schs.; S.I. 2003/1, Instrument made by Archbishops

Modifications etc. (not altering text)

C1 S. 26(4) explained as to assets of the Funds by Clergy Pensions (Amendment) Measure 1967 (No. 1), s. 4(4)

C2 S. 26 modified (5.11.1993) by 1993 Measure No. 3, s.2 (with s. 9(2)).