Church Property (Miscellaneous Provisions) Measure 1960

F1 Part I U.K. Amendments of the Parsonages Measure 1938

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Textual Amendments

F1 Pts. 1-3 repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

Part II U.K. Amendments of the New Parishes Measure 1943

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Part III U.K. Additional Powers Relating to Church Land

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Part IV U.K. Provisions relating to loans and payments by the Church Commissioners

F2 12 . E

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Textual Amendments

F2 S. 12 repealed (1.1.2001) by Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 13 repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 14 repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8

F5 15 Repeal of s. 11 of the Ecclesiastical Commissioners Act, 1866. U.K.

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Textual Amendments

F5 S. 15 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Modifications etc. (not altering text)

C1 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F6 16 . E

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Textual Amendments

F6 s. 16 repaeled (1.1.2001) by Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

17 Quarterly and other payments to incumbents, etc. E

Notwithstanding anything in any Act, Measure, Order in Council or scheme, the [F7 Archbishops’ Council] shall have power to pay any net income payable by them to any incumbent or other person in four quarterly instalments of the first days of January, April, July and October in each year, and shall also have power, at the request of the person entitled thereto, to make, at such times before the end of each quarter as they may determine, payments of such part of those instalments as they may determine.

Textual Amendments

F7 Words in s. 17 substituted (1.1.2001) by Measure No 1, s. 5, Sch. 3 para. 7; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

18 Power to increase pensions payable to retired officers of Queen Anne’s Bounty or Ecclesiastical Commissioners. U.K.

For the removal of doubt it is hereby declared that the Commissioners have power to increase the payments in respect of supperannuation benefits payable by them by virtue of subsection (2) of section seventeen of the M1 Church Commissioners Measure 1947 to a person who was employed by Queen Anne’s Bounty or the Ecclesiastical Commissioners or to the spouse or dependants of any such person; and the increased payments shall be payable from such date as the Commissioners may appoint, F8 ....

Textual Amendments

F8 Words in s. 18 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Marginal Citations

M1 1947 No. 2.

Part V U.K. Provisions relating to the Church Estates Commissioners

19 Provisions as to title, property and functions of the Church Estates Commissioners. U.K.

(1) The Church Estates Commissioner appointed by the Archbishop of Canterbury under section one of the M2 Ecclesiastical Commissioners Act 1850 shall be called Third Church Estates Commissioner.

(2) All land vested in the First Church Estates Commissioner and all stocks, funds and securities held by the Church Estates Commissioners are hereby transferred to the Commissioners and shall by virtue of this section and without any conveyance, assignment, transfer or other assurance vest in the Commissioners:

Provided that the vesting of property by virtue of this subsection shall not affect any previously existing trust or mortgage or other charge affecting the property, or any previously existing lease or tenancy thereof.

(3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(5) Where any stock is standing in the books of a company in the names of the persons who are for the time being Church Estates Commissioners, a request by the secretary of the Commissioners and production of a copy of this Measure printed by or for the Queen’s Printer of Acts of Parliament shall be sufficient authority to the company to transfer the stock into the name of, and to pay dividends on the stock to, the Commissioners.

In this subsection the expression—

• “company” includes the Bank of England and any company or person keeping books in which any stock is registered or inscribed, and

• “stock” includes any share, annuity or other security.

Textual Amendments

F9 S. 19(3)(4) repealed by Statute Law Revision Act 1964 (c. 79)

Marginal Citations

M2 1850 c. 94.

20 Provisions as to pensions of Church Estates Commissioners U.K.

[F10 (1) The Commissioners shall have power to grant to any First Church Estates Commissioner or Third Church Estates Commissioner who retires from service as such a Commissioner, having served a period of pensionable service, superannuation benefits of such a kind and of such amounts as the Commissioners may determine, being benefits which are no more favourable to the beneficiary than the benefits which would have been payable if the Commissioner had been a member of the Church Administrators Pension Fund who had served an equivalent period of pensionable service.]

F11 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (2A) Where a First Church Estates Commissioner or a Third Church Estates Commissioner dies before or after retirement from service as such a Commissioner, having served a period of pensionable service, and leaves a widow or widower [F13 (whether or not of the same or the opposite sex to the deceased),] [F14 or surviving civil partner], the Commissioners shall have power to grant to the surviving spouse[F15 or civil partner], subject to such conditions as they may determine, superannuation benefits of such a kind and of such amounts as the Commissioners may determine, being benefits which are no more favourable to the beneficiary than the benefits which would have been payable if the Commissioner had been a member of the Church Administrators Pension Fund who had served an equivalent period of pensionable service.]

(3) In this section the expression “ pensionable service[F16 , in relation to a Church Estates Commissioner,] ” means service as First Church Estates Commissioner or as Third Church Estates Commissioner, and where any person has performed a period of service as First Church Estates Commissioner and a period of service as Third Church Estates Commissioner the two periods shall be aggregated for the purpose of determining the length of his pensionable service for the purposes of this section.

F17 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 (4) In determining the amount of any superannuation benefits to be granted to a person under this section the Commissioners shall have regard to any superannuation benefits to which that person may be entitled in respect of any other service performed by the First or Third Church Estates Commissioner before the Commissioner's pensionable service began.]

Textual Amendments

F10 S. 20(1) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(2) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F11 S. 20(2) repealed (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(3) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F12 S. 20(2A) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(4) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F13 Words in s. 20(2A) inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2), Sch. 3 para. 1

F14 Words in s. 20(2A) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1(1), 79(a)

F15 Words in s. 20(2A) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1(1), 79(b)

F16 Words in s. 20(3) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(5) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F17 S. 20(4) repealed (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , s. 11(2) , Sch. 5 ; 2005 No. 2 , Instrument made by Archbishops

F18 S. 20(4) added (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(6) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

Modifications etc. (not altering text)

C2 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part VI U.K. Miscellaneous and General Provisions

F19 21 . E

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Textual Amendments

F19 S. 21 repealed (1.1.2001) by Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F20 22 Repeal of s. 1(1) (c) of the Benefices Act, 1898. U.K.

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Textual Amendments

F20 S. 22 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Modifications etc. (not altering text)

C3 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 U.K.

Textual Amendments

F21 S. 23 repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II

24 Publication of notice of Order in Council confirming scheme of Church Commsssioners to be sufficient. U.K.

(1) Where the provisions of any Act or Measure require any Order in Council affirming, confirming or ratifying a scheme prepared, caused to be prepared or passed by the Commissioners to be published in theLondon Gazette,F22 ... those provisions shall be deemed to have been complied with if notice that the Order in Council has been made is published in theLondon Gazette,and any such notice shall state where a copy of the Order in Council may be obtained.

(2) For the purposes of the said provisions the publication in theLondon Gazetteof such a notice as aforesaid shall, notwithstanding anything in any Act of Measure, have the same effect as publication therein of the Order in Council.

Textual Amendments

F22 Words in s. 24(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

F23 25 Form of consents. U.K.

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Textual Amendments

F23 S. 25 repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 U.K.

Textual Amendments

F24 S. 26 repealed by Church of England (Miscellaneous Provisions) Measure 1976 (No. 3), Sch Pt. II

F25 27 Provision as to deeds made under s. 9, 10 or 11. E

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Textual Amendments

F25 S. 27 repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

28 Interpretation. U.K.

(1) In this Measure, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• F26 ...

• “Commissioners” means the Church Commissioners and includes, where the context so requires, Queen Anne’s Bounty and the Ecclesiastical Commissioners;

• F26 ...

• F26 ...

• F26 ...

• “property” includes any interest in real or personal property; and

• F26 ...

(2) References in this Measure to any Act or other Measure shall be construed as references to that Act or Measure as amended or extended by any subsequent Act or Measure including this Measure.

Textual Amendments

F26 Words in s. 28(1) repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

29 Extent. U.K.

This Measure shall extend to the whole of the provinces of Canterbury and York, except the Channel Islands and the Isle of Man, but may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957 or either of them, in accordance with those Measures.

30 Short title. U.K.

This Measure may be cited as the Church Property (Miscellaneous Provisions) Measure 1960.