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5 Holding of property for ecclesiastical purposes: educational schemes.E

(1)Subject to the provisions of this Measure, the council of every parish shall have power to acquire (whether by way of gift or otherwise) any property real or personal—

(a)For any ecclesiastical purpose affecting the parish or any part thereof;

(b)For any purpose in connection with schemes (hereinafter called “educational schemes”) for providing facilities for the spiritual moral and physical training of persons residing in or near the parish.

(2)Subject to the provisions of this Measure and of the general law and to the provisions of any trusts affecting any such property, the council shall have power to manage, administer and dispose of any property acquired under this section.

(3)A council shall have power, in connection with any educational scheme, to constitute or participate in the constitution of a body of managers or trustees or a managing committee consisting either wholly or partly of persons appointed by the council, and may confer on any such body or committee such functions in regard to the implementation of the scheme, and such functions relating to property held for the purposes of the scheme, as the council thinks expedient.

(4)The powers of a council with respect to educational schemes shall be exercised subject to and in accordance with the terms of any undertaking which may have been given by the council to the [F1Secretary of State for Education and Science or the Secretary of State for Wales] or to any local authority in connection with any financial or other assistance given by the [F1Secretary of State] or the authority in relation to the scheme.

(5)A council shall not exercise any of its powers in relation to educational schemes without the consent of the [F2diocesan board of education for the diocese], and any such consent may be given upon such terms and conditions as the committee considers appropriate in all the circumstances of the case.

F3 . . .

Textual Amendments

F1Words substituted by virtue of S.I. 1964/490 and 1970/1536

F2Words in s. 5(5) substituted (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2), s. 11(1)(a);Archbishops' Instrument made 26.7.1991

F3Words in s. 5(5) omitted (1.8.1991) by virtue of Diocesan Boards of Education Measure 1991 (No. 2), s. 11(1)(b);Archbishops' Instrument made 26.7.1991

Modifications etc. (not altering text)

C1S. 5(1) excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b)