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Pastoral Measure 1983

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55 Schemes under Charities Act 1960 for redundant chapels belonging to charities.E

(1)The power of the court (as defined by [F1the Charities Act 1993]) to make schemes under its jurisdiction with respect to charities, and the power of the Charity Commissioners to make schemes under the said Act, shall extend to the making of schemes with respect to consecrated chapels belonging to charities which are no longer needed for the purposes of the charity, and section [F1section 96(2)(c)] of the said Act shall not be taken as preventing the making of any such scheme.

(2)Where a scheme is made under this section, the bishop may, if he thinks it proper to do so, by order under his seal direct that section 61(1) and section 65 of this Measure, if applicable, shall apply to the chapel as they apply to the buildings mentioned in those sections, and those sections shall thereupon apply accordingly, and the scheme, so far as it relates to the chapel, shall not have effect unless and until such an order is made, or the bishop directs that the scheme may have effect without such an order.

(3)A scheme made under this section may provide—

(a)for the demolition of the chapel and the disposal of the materials arising from the demolition;

(b)for the sale or other disposal of the chapel or site thereof and the application of the proceeds;

(c)for the appropriation of the chapel to such uses as may be specified or generally described in the scheme;

(d)for matters supplementary or incidental to the matters aforesaid.

(4)For the purposes of this section a consecrated chapel held on charitable trusts for the purpose of religious worship by the beneficiaries and staff of a charity and not by the general public shall be deemed to belong to that charity, notwithstanding that the trusts on which the chapel is held are separate from those of the charity, but save as aforesaid this section shall not apply to a chapel held on separate trusts relating to the use thereof for religious worship.

(5)Section 54 of this Measure shall not apply to any consecrated chapel belonging to a charity.

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Amendments (Textual)

F1Words in s. 55(1) substituted (E.W.) (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 18(2)

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