Endowments and Glebe Measure 1976

Section 46.

SCHEDULE 4 E+W+S+N.I. Provisions with Respect to Diversion of Endowment Income Provisions in Certain Schemes and Orders

1 Where before the appointed day— E+W+S+N.I.

(a) the pastoral committee of a diocese had given notice in writing to the incumbent (if any) of a benefice in the diocese, and to the parochial church council of every parish belonging to the benefice, that the committee was considering whether to make a recommendation to the bishop under section 3 of the M1 Pastoral Measure 1968 that part of the income of the endowments of the benefice should be paid to the income account of the diocesan stipends fund; or

(b) the said committee had submitted to the bishop under subsection (5) of the said section 3 a draft proposal that part of the income of the endowments of a benefice in the diocese should be so paid,

and a pastoral scheme or order containing a provision that a specified annual amount of the income of the endowments of that benefice, or the excess over a specified amount thereof, shall be so paid is made, and, in the case of such a scheme, confirmed by Her Majesty in Council, on or after the appointed day, paragraph 3 below shall apply to that provision.

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Marginal Citations

M1 1968 No. 1.

2 Where a pastoral scheme or order made and, in the case of such a scheme, confirmed by Her Majesty in Council before the appointed day contains a provision that a specified annual amount of the income of the endowments of a benefice, or the excess over a specified amount thereof, shall be paid to the income account of the diocesan stipends fund, and that provision comes into force on or after the appointed day, paragraph 3 below shall apply to that provision. E+W+S+N.I.

3 A provision to which this paragraph applies shall have effect— E+W+S+N.I.

(a) as if it had been in force immediately before the appointed day; and

(b) as if the guaranteed annuity in respect of the benefice to which the provision relates and the annual personal grant, if any, payable under section 2 of this Measure to the incumbent of that benefice had been endowment income of that benefice immediately before that day;

and, notwithstanding anything in section 1 or 2 of this Measure, the amount of that grant and, if necessary, of that annuity shall be recalculated accordingly, but any change resulting from the recalculation shall not take effect until the provision in question actually comes into force in accordance with the scheme or order containing it.