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Endowments and Glebe Measure 1976

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Changes over time for: Cross Heading: Extinguishment of certain charges, trusts, etc.

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Version Superseded: 01/01/2001

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Point in time view as at 01/02/1991.

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There are currently no known outstanding effects for the Endowments and Glebe Measure 1976, Cross Heading: Extinguishment of certain charges, trusts, etc.. Help about Changes to Legislation

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Extinguishment of certain charges, trusts, etc.U.K.

10 Extinguishment of certain charges, etc.U.K.

(1)On the appointed day the general fund of the Commissioners shall be freed and discharged from the payment to any benefice (whether then existing or to be created), or in augmentation of the income of any archdeaconry, or towards the stipend or other emoluments of any assistant curate or clerical or lay assistant, of any annual sum of money with the payment of which that fund stands charged immediately before that day whether in pursuance of any enactment or otherwise.

(2)On the appointed day the general fund of the Commissioners shall be freed and discharged from the payment of any annual sum of money with the payment of which that fund stands charged immediately before that day, being an annual sum which in accordance with a provision of a scheme or order made under any enactment is immediately before that day appropriated or payable to, or carried to the credit of, a diocesan stipends fund and which but for that provision would be payable to a benefice.

(3)Subject to subsection (4) below, where before the appointed day any capital sum of money was appropriated or credited by the Commissioners, in pursuance of any enactment or otherwise, to a benefice (whether then existing or to be created) or an archdeaconry or as a fund for making payments towards the stipends or other emoluments of assistant curates or clerical or lay assistants, then, on that day the appropriation or credit shall be cancelled, and as from that day the said sum shall be held by the Commissioners as part of their corporate property freed and discharged from any trust or charge in favour of any benefice or the incumbent thereof or an archdeaconry or such curates or assistants but subject to any other charge to which immediately before that day the sum so appropriated or credited was subject.

(4)Subsection (3) above shall not apply in relation to any sum of money paid to the Commissioners under section 1(5) of the M1Parsonages Measure 1938 (moneys arising from sale or exchange of parsonage house, etc.) and held by them at the appointed day to be applied and disposed of in accordance with section 5 of that Measure.

Marginal Citations

11 Extinguishment of certain trusts.U.K.

(1)Subject to subsections (3) and (4) below, where immediately before the appointed day any property is held by the Commissioners on trust for the purpose of providing or augmenting the stipend or other emoluments of any one or more of the following persons, that is to say—

(a)the incumbent of a benefice,

(b)the holder of an archdeaconry, and

(c)an assistant curate or clerical or lay assistant in a parish,

the property shall on and after that day be held by the Commissioners as part of their corporate property freed and discharged from that trust.

(2)Subject to subsections (3) and (4) below, where any property is held by any other persons on trust for the purposes mentioned in subsection (1) above, the trustees may on or after the appointed day, with the consent of the Charity Commissioners, transfer the property to the Commissioners to be held by them as part of their corporate property freed and discharged from that trust.

(3)Subsections (1) and (2) above shall not apply in relation to any property held on trusts which provide that at the discretion of the trustees the property or the income arising therefrom may be applied for a purpose other than that mentioned in subsection (1) above or provide that on the occurrence of a specified event or the failure to comply with a specified condition the property or the said income shall be applied for a purpose other than that so mentioned or provide for a gift over of the property to persons, other than the Commissioners, on such an occurrence or failure.

(4)Subsection (1) above shall not apply in relation to property held by the Commissioners under or by virtue of any Act listed in Part I of Schedule 2 to this Measure and subsection (2) above shall not apply in relation to property held by any person under or by virtue of the Acts listed in Part II of that Schedule.

(5)The Commissioners shall allocate to the capital account of the diocesan stipends fund of the appropriate diocese—

(a)any property which by virtue of subsection (1) above is to be held by them freed and discharged from the trusts on which it was previously held, except any property so held on trusts directed to the benefit of a particular benefice, a particular archdeaconry or a particular parish; and

(b)any property which is transferred to the Commissioners under subsection (2) above.

The appropriate diocese for the purpose of this subsection is the diocese to which any benefice, archdeaconry or parish which is qualified to benefit from the trust in question belongs, and where there are two or more such benefices, archdeaconries or parishes belonging to different dioceses, the Commissioners may apportion the property between those dioceses or such of them, and in such manner, as the Commissioners may determine and allocate part of the property accordingly.

12 Provisions with respect to certain rentcharges, tithes, corn rents, etc.U.K.

(1)Any rentcharge, tithe or payment in lieu of tithe which immediately before the appointed day is attached to a benefice and to which this subsection applies shall on that day be transferred to, and by virtue of this subsection vest in, the Commissioners for all the interest therein so attached freed and discharged from any trust or charge in favour of any benefice or the incumbent thereof and from any liability which falls within section 39 of this Measure but subject to any other charge or liability affecting that interest, and shall be held by the Commissioners as part of their corporate property.

(2)Subsection (1) above applies to any rentcharge, tithe or payment in lieu of tithe—

(a)which under any Act or award is directed to be collected for the benefit of the benefice by churchwardens or any other person and not by the incumbent of the benefice; or

(b)which arises in so much of any ecclesiastical parish situated partly within and partly without the City of London as is situated without that City.

(3)Any rentcharge, corn rent, tithe or other payment attached to a benefice which immediately before the appointed day is vested in the Commissioners by virtue of section 3 or 14 of the Tithe M2Act 1925 and section 2 of the M3Church Commissioners Measure 1947 for all the interest therein so attached shall, on and after that day, be held by them as part of their corporate property freed and discharged from any trust or charge in favour of any benefice or the incumbent thereof and from any liability which falls within section 39 of this Measure but subject to any other charge or liability affecting that interest.

(4)Nothing in subsection (1) above shall affect the powers of the persons who were directed to collect any rentcharge, tithe or payment to which that subsection applies, or of the person in whom it was vested, to recover and enforce the recovery of any arrears payable before the appointed day.

Marginal Citations

13 Provision in certain schemes, etc. for payment of stipends or appropriation of endowments revoked.U.K.

(1)On the appointed day, any provision of a scheme or order made under any enactment—

(a)directing that there shall be paid out of a diocesan stipends fund specified in the scheme or order to the incumbent of a benefice so specified a stipend determined by the scheme or order; or

(b)charging the income account of a diocesan stipends fund so specified with the payment to the incumbent of a benefice so specified of a stipend so specified; or

(c)appropriating part of the endowments of a benefice so specified for the augmentation of a proposed benefice which has not been constituted before the appointed day,

shall cease to have effect.

(2)Where such a scheme or order contains such a provision as is mentioned in subsection (1)(c) above, then—

(a)if a fund was established for the purposes of the scheme or order, the balance standing to the credit of the fund immediately before the appointed day shall on that day be allocated to the capital account of the diocesan stipends fund of the diocese to which the benefice specified in that provision belongs; and

(b)if the part of the endowments of that benefice appropriated as mentioned in that provision consists of an annual amount specified therein, the Commissioners shall on that day allocate to the capital account of the said fund a sum of such amount as will in their opinion produce an annual income equal in amount to that so specified.

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