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Pastoral (Amendment) Measure 1994

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2Redundant Churches Fund

(1)Section 44 of the 1983 Measure (appointment of Redundant Churches Fund) shall be amended as follows.

(2)In subsection (5)—

(a)after paragraph (b) there shall be inserted—

(bb)to let any property vested in the Fund on such terms (including terms as to the purposes for which it may be used) as the Commissioners may approve, after consultation with the bishop and the Advisory Board, being terms which the Commissioners consider reasonable and proper having regard to all the circumstances;

(bbb)in respect of any property which the Fund has let or is proposing to let under paragraph (bb), to carry out such works as the Fund considers desirable, after consultation with the Advisory Board;;

(b)in paragraph (c) for the words “such property” there shall be substituted the words “property vested in the Fund”;

(c)after paragraph (c) there shall be inserted—

(cc)to assist, on payment of a fee, in the management of any place of Christian religious worship (not being a church or part of a church) which is vested in any body entrusted with functions similar to those of the Fund;.

(3)In subsection (7) there shall be substituted—

(7)The powers conferred on the Redundant Churches Fund by subsection (5)(b) and (bb) may be exercised so as to permit the use of a church or part of a church vested in the Fund for such worship (including worship by persons belonging to other Christian Churches) as may be authorised by the bishop after consulting the incumbent or priest in charge of the benefice in the area of which the church is situated..

(4)After subsection (7) there shall be inserted—

(7A)The terms of a lease granted under subsection (5)(bb) in respect of any property may provide that the property shall not be subject to the legal effects of consecration during the currency of the lease, notwithstanding the provisions of section 61(2).

(7B)Where any such property has been let under subsection (5)(bb) and the terms of the lease provide to the effect that no alteration may be made thereto without the approval of the Redundant Churches Fund, its approval shall only be given after consultation with the Advisory Board.

(7C)A statement in a document signed by the secretary or other duly authorised officer of the Commissioners that the Commissioners have approved the terms of any lease granted under subsection (5)(bb) which is specified in the document shall be conclusive evidence that those terms have been so approved.

(7D)As a condition of giving their approval to the terms of any lease under subsection (5)(bb) the Commissioners may require the Redundant Churches Fund to include in the lease such provisions, if any, as appear to them to be necessary to give effect to those terms..

(5)In subsection (9) the words from “, and the Fund” to the end shall be omitted.

(6)After subsection (9) there shall be inserted—

(9A)The Redundant Churches Fund shall give to the Commissioners and to the Advisory Board such information and advice as the Commissioners or the Advisory Board may, from time to time, require about—

(a)the Fund’s financial position generally; and

(b)the estimated cost of repairing and thereafter maintaining any church or part of a church which is proposed to be vested in the Fund or which the Commissioners consider is likely to be proposed for vesting in the Fund..

(7)In subsection (10) for the words “five year period (calculated in accordance with section 52(2)” there shall be substituted the words “funding period”.

(8)In subsection (11)—

(a)for the word “calendar” there shall be substituted the word “accounting”;

(b)at the end there shall be inserted the words “; and in this subsection “accounting year” means the period of twelve months beginning on a date to be determined by the Fund with the agreement of the Commissioners”.

(9)In subsection (12) the words “for the Home Department” shall be omitted.

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