Endowments and Glebe Measure 1976

Sequestrations E+W+S+N.I.

38 Amendments of the law relating to sequestrations. E

(1) Section 3 of the M1 Benefices (Squestrations) Measure 1933 (sequestrators may require income of vacant benefice payable by the Commissioners to be apportioned) and section 70 of the M2 Pastoral Measure 1968 (disposal of profits in hands of sequestrators on dissolution of benefice) shall cease to have effect.

(2) The bishop of a diocese may with the consent of the [F1 Diocesan Board of Finance] authorise the sequestrators of any benefice in the diocese, if they think fit, but subject to section 29 of this Measure, to grant a lease of any parsonage land belonging to the benefice for such period as the bishop may authorise, [F1 and the provisions of section 59 of the Pluralities Act 1838 shall not apply in relation to any such lease].

(3) [F2 Except where a period of suspension of presentation immediately follows a period during which the benefice has been vacant, the sequestrators of a vacant benefice] shall at the close of the sequestration pay the balance in their hands, as certified by the bishop or some person duly authorised by him, to the [F1 Diocesan Board of Finance], and the [F1 Diocesan Board of Finance] shall allocate the amount received to the income account of the diocesan stipends fund.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

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Amendments (Textual)

F1 Words in s. 38(2)(3) substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 11; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F2 Words in s. 38(3) substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 16; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York

F3 S. 38(4)(5) repealed by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 93, Sch. 9

Modifications etc. (not altering text)

C1 The text of ss. 9, 18(4)(5), 35, 38(1), 41, 44, 47(1)(4), Sch. 5 and Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1933 No. 4.

M2 1968 No. 1.