38 Interpretation.U.K.
(1)In this Act, unless the context otherwise requires,—
The expression “existing” means existing at the passing of this Act:
The expression “ecclesiastical office” means any bishopric, ecclesiastical dignity, or preferment within the meaning of the M1Church Discipline Act 1840 and includes any lay office in connection therewith, or in connection with any cathedral corporation:
The expression “cathedral corporation” means any dean and chapter, and also any corporation of minor canons, or vicars choral, or any other subordinate corporation of or belonging to or connected with any cathedral or collegiate church in Wales:
The expression “ecclesiastical person” means a bishop and the holder of any ecclesiastical office who is in holy orders:
The expression “parochial benefice” has the same meaning as “benefice” in the M2Incumbents Resignation Act 1871:
The expression “right of patronage” includes any advowson, right of presentation, or right of nomination to an ecclesiastical office:
The expression “synod” includes any assembly or convention:
The expression “property” includes all property, real and personal, including things in action and rights of action; and where any property is held in trust for or for the benefit of the holder of any ecclesiastical office as such, or for any cathedral or ecclesiastical corporation, that property shall be deemed for the purposes of this Act to belong to that office or corporation; and the burial ground of any ecclesiastical parish shall, unless provided under the Burial Acts 1852 to 1906 or the M3Public Health (Interments) Act 1879 or otherwise vested in any local or other public authority, be deemed for the purposes of this Act to be property belonging to an ecclesiastical office in the Church in Wales:
The expression “church” includes cathedral and other churches, chapels of ease, and other public chapels of the Church in Wales and in the case of a cathedral church includes the chapter house and cloisters and other precincts of the cathedral church:
The expression “ecclesiastical residence” means any parsonage house and any house of residence provided for an assistant curate and any house of residence of any bishop or member or officer of a cathedral corporation and any offices belonging thereto:
The expression “house” includes any curtilage or garden appurtenant to or usually occupied with the house:
The expression “burial authority” means any burial board and any council, committee, or other local authority having the powers and duties of a burial board under the Burial Acts 1852 to 1906 and any local authority (other than a rural district council) maintaining a cemetery under the M4Public Health (Interments) Act 1879, or under any local Act:
The expression “tithe rentcharge” includes all payments in lieu of or in the nature of tithes or tithe rentcharge:
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The expression “county” includes a county borough, and the expression “county council” includes the council of a county borough, and “county fund” in relation to a county borough means the borough fund or borough rate.
(2)Property shall not for the purposes of this Act be deemed to be situate in Wales or Monmouthshire by reason only of being invested in the stocks, funds, or securities of any company owning property so situate.
(3)In all enactments, deeds, and other documents in which mention is made of the Church of England, the enactments and provisions relating thereto shall be construed as including the Church in Wales, but as to that Church subject to the provisions of this Act.
(4)For removing doubts it is hereby declared that the Principal or other member of Jesus College, Oxford, who may from time to time be rector of Llandyssil, shall as such be treated as a lay impropriator and not as the holder of an ecclesiastical office.
Textual Amendments
F1S. 38(1): definitions repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 6 Group 4
Marginal Citations