Search Legislation

Parochial Church Councils (Powers) Measure 1956

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

More Resources

Changes to legislation:

Parochial Church Councils (Powers) Measure 1956, Section 6 is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Measure associated Parts and Chapters:

  • Measure power to apply (with modifications) conferred by 1969 No. 2, Sch. 3 rule M39(5) (as substituted) by 2019 No. 1 Sch. 1

Whole provisions yet to be inserted into this Measure (including any effects on those provisions):

6 Supplementary provisions relating to certain property. E

(1)After the commencement of this Measure, a council shall not acquire any interest in land (other than a short lease as hereinafter defined) or in any personal property to be held on permanent trusts, without the consent of the diocesan authority.

(2)Where, at or after the commencement of this Measure, a council holds or acquires an interest in land (other than a short lease as hereinafter defined) or any interest in personal property to be held on permanent trusts, such interest shall be vested in the diocesan authority subject to all trusts, debts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers (if any) as are requisite for giving effect to the provisions of this subsection.

(3)Where any property is vested in the diocesan authority pursuant to subsection (2) of this section, the council shall not sell, lease, let, exchange [F1or charge] the property without the consent of the authority; but save as aforesaid, nothing in this section shall affect the powers of the council in relation to the management, administration or disposition of any such property.

[F2(3A)Where any property which is occupied by a member of the team in a team ministry is vested in the diocesan authority pursuant to subsection (2) of this section and the council proposes to alter or dispose of the property or any part thereof, the council shall—

(a)keep that member informed of matters arising from the proposal;

(b)afford that member an opportunity to express views thereon before taking any action to implement the proposal; and

(c)have regard to those views before taking any such action.]

(4)Where any property is vested in the diocesan authority pursuant to subsection (2) of this section, the council shall keep the authority indemnified in respect of:

(a)all liabilities subject to which the property is vested in the authority or which may thereafter be incident to the property;

(b)all rates, taxes, insurance premiums and other outgoings of whatever nature which may from time to time be payable in respect of the property;

(c)all costs, charges and expenses incurred by the authority in relation to the acquisition or insurance of the property or as trustee thereof;

(d)all costs, proceedings, claims and demands in respect of any of the matters hereinbefore mentioned.

[F3(4A)The requirement for consent under subsection (1) or (3) does not apply if the consideration on the transaction in question is less than such amount as may be specified in, or determined in accordance with, an order made by the Archbishops' Council.]

(5)The consents required by subsection (3) of this section are additional to any other consents required by law, either from the [F4Charity Commission] or the [F5Secretary of State of Education and Science or the Secretary of State for Wales] or otherwise.

(6) In this section the expression “ short lease ” means a lease for a term not exceeding [F6 seven years ] , and includes any tenancy from week to week, from month to month, from quarter to quarter, or from year to year.

(7)Any question as to whether personal property is to be held on permanent trusts shall be determined for the purposes of this section by a person appointed by the bishop [F7or, during a vacancy in a see, the guardian of the spiritualities].

Textual Amendments

F1 Words in s. 6(3) substituted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2) , ss. 1(2) , 3(2) ; S.I. 2015/1468 , art. 2

F4 Words in s. 6(5) substituted (27.2.2007) by Charities Act 2006 (c. 50) , s. 79(2) , Sch. 8 para. 38 ; S.I. 2007/309 , art. 2 , Sch.

F5 Words substituted by virtue of S.I. 1964/490 and 1970/1536

F6 Words in s. 6(6) substituted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2) , ss. 1(5) , 3(2) ; S.I. 2015/1468 , art. 2

Modifications etc. (not altering text)

C1 S. 6 excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b)

C4 S. 6(2) extended (1.4.1978) by Endowments and Glebe Measure 1976 (No. 4) , s. 23(3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.