Tithe Act 1936

Part I E+W Extinguishment of tithe rentcharge, compensation of owners thereof and liabilities of landowners

Extinguishment, Compensation by issue of Stock, Charge of Redemption Annuities E+W

1 Extinguishment of tithe rentcharge. E+W

Subject to the provisions of this Act, all tithe rentcharge shall be extinguished on the second day of October, nineteen hundred and thirty-six (in this Act referred to as “the appointed day” and accordingly as from that day the land out of which any tithe rentcharge issued immediately before that day shall be absolutely discharged and freed therefrom.

2

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Ss. 2(1), 7, 31(7), Sch. 7 Pt. I para. 3(a), Pt. II, Pt.III para. 2 repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17, Pt. XIV

F2 Ss. 2(2)(3), 6(1)(2), 8, 22, 23, 31(6), Sch. 3 Pt. I, Sch. 8 paras. 2–4, 6, 7 repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

Establishment of Commission and Delivery of Information as to Rentcharges E+W

Modifications etc. (not altering text)

C1 Functions of Tithe Redemption Commission now exercisable by Commissioners of Inland Revenue: S.I. 1959/1971 (1959 II, p. 2618)

C2 Style and title of Minister of Agriculture and Fisheries now changed to Minister of Agriculture, Fisheries and Food by S.I. 1955/554 (1955 I, p. 1200)

4 Tithe Redemption Commission. E+W

(1) There shall be established for the purposes of this Act a Commission to be called the “Tithe Redemption Commission” (in this Act referred to as “the Commission”), consisting of a chairman and not more than four other commissioners appointed by the Treasury after consultation with the Minister of Agriculture and Fisheries (in this Act referred to as “the Minister”).

(2) It shall be the duty of the Commission, subject to and in accordance with the provisions of this Act—

(a) to determine what tithe rentcharges have been extinguished by this Act, . . . F4

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) The expenses incurred by the Commission in the performance of their functions under this Act, to such amount as may be approved by the Treasury, shall be defrayed out of moneys provided by Parliament.

(4) The provisions of the Second Schedule to this Act shall have effect with respect to the constitution, procedure, staff and expenses of the Commission.

Textual Amendments

F4 Words repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17, Pt. XIV

F5 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

F6 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 S. 5 repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5) and Tithe Act 1951 (c. 62), Sch. 2

6 Documents to be placed at disposal of the Commission. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3) As soon as may be after the commencement of this Act, the Minister shall place at the disposal of the Commission all instruments of apportionment in his custody or control and all such other documents relating to tithe rentcharge in his custody or control as ought in his opinion to be so placed.

(4) Any person having in his custody or control a sealed copy made pursuant to the Tithe Acts of an instrument of apportionment shall place it at the disposal of the Commission on being required by them so to do.

Textual Amendments

F7 Ss. 2(2)(3), 6(1)(2), 8, 22, 23, 31(6), Sch. 3 Pt. I, Sch. 8 paras. 2–4, 6, 7 repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

Stock E+W

F8 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 Ss. 2(1), 7, 31(7), Sch. 7 Pt. I para. 3(a), Pt. II, Pt.III para. 2 repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17, Pt. XIV

F9 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 Ss. 2(2)(3), 6(1)(2), 8, 22, 23, 31(6), Sch. 3 Pt. I, Sch. 8 paras. 2–4, 6, 7 repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

Annuities E+W

F10 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 9 repealed by Tithe Act 1951 (c. 62), s. 1(1), Sch. 2

F11 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

F12 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

12

F13 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (2)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

F14 Ss. 12(2)–(6), 18–20, 39(4), 42(2), 43, 45 repealed by Tithe Act 1951 (c. 62), Sch. 2

13

F15 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (7)—(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 S. 13(1)(2) repealed by Finance Act 1958 (c. 56), Sch. 9 Pt. IV

F16 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

F17 S. 13(5)(6) repealed by Income Tax Act 1952 (c. 10), Sch. 25

F18 S. 13(10) repealed by Land Charges Act 1972 (c. 61, SIF 98:2), s. 18, Sch. 5

F19 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 S. 14, Sch.4 repealed by Finance Act 1963 (c. 25), Sch. 13 Pt. IV

F20 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 S.14A repealed by Statute Law (Repeals) Act 1975 (c. 10), s. 1, Sch. Pt. XIII

F21 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

16

F22 (1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (4)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

F23 Ss. 16(4)–(6)(8) repealed by Tithe Act 1951 (c. 62), s. 11(6), Sch. 2

F24 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

F25 18—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 Ss. 12(2)–(6), 18–20, 39(4), 42(2), 43, 45 repealed by Tithe Act 1951 (c. 62), Sch. 2

Transitional Provisions E+W

21 Provisions as to tithe rentcharge vested in owner of land charged. E+W

(1) Where immediately before the appointed day a tithe rentcharge and the whole of the land out of which it issues are vested in the same person, having been so vested on the twenty-sixth day of February, nineteen hundred and thirty-six, and continuously thereafter, the provisions of this Act, other than the provisions of sections one and thirty-one thereof, shall not have effect in relation to that rentcharge or, so far as regards provisions relating to that rentcharge, to that land.

(2) For the purposes of this section a tithe rentcharge and the land out of which it issued shall be deemed to have been vested in the same person at any date—

(a) in any case, if the legal estate in fee simple in the rentcharge and in the land respectively were vested in the same person at that date, and, where any other estate or interest, whether legal or equitable, vested in any person was then subsisting in the rentcharge, if the like estate or interest was then subsisting in the land and was vested in that person; or

(b) in the case of a rentcharge the fee simple in possession whereof was vested in Queen Anne’s Bounty by the Tithe M1 Act, 1925, if the land was at that date land belonging to the benefice for the incumbent of which, or belonging to the ecclesiastical corporation for which, the rentcharge was held in trust;

and not otherwise.

Modifications etc. (not altering text)

C3 S. 21 extended by Tithe Act 1951 (c. 62), s. 6

Marginal Citations

M1 1925 c. 87.

F26 22, 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26 Ss. 2(2)(3), 6(1)(2), 8, 22, 23, 31(6), Sch. 3 Pt. I, Sch. 8 paras. 2–4, 6, 7 repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

Part II E+W Financial Provisions

F27 24—26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 Pt. II (ss. 24–28) repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17 Pt. XIV the repeal being in force 30.9.1989 by S.I. 1989/1788, art. 2, except for s. 27 which remains (prosp.)

[F28 27 Audit of accounts. E+W

(1) The Treasury shall prepare an account of the transactions of the Redemption Annuities Account in each financial year, and such other accounts as the Treasury may direct shall be prepared in relation to other transactions under this Act.

(2) On or before the thirtieth day of November in each year, the said accounts shall be transmitted to the Comptroller and Auditor-General, who shall examine and certify the accounts and lay copies thereof, together with his report thereon, before both Houses of Parliament.]

Textual Amendments

F28 Pt. II (ss. 24–28) repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17 Pt. XIV the repeal being in force 30.9.1989 by S.I. 1989/1788, art. 2, except for s. 27 which remains (prosp.)

Modifications etc. (not altering text)

C4 S. 27(2) extended by Tithe Act 1951 (c. 62), s. 8(2)

F29 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F29 Pt. II (ss. 24–28) repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17 Pt. XIV the repeal being in force 30.9.1989 by S.I. 1989/1788, art. 2, except for s. 27 which remains (prosp.)

Part III E+W Miscellaneous and General

Miscellaneous E+W

F30 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F30 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

30 Corn rents, &c. E+W

(1) As from the appointed day the provisions of the Tithe Acts which relate to the redemption of tithe rentcharge, or to the alteration of apportionments, shall apply to corn rents, rentcharges and money payments, which are liable to redemption under the Tithe Acts, subject to the following modifications, that is to say:—

(a) the powers conferred on the Minister by the said provisions shall be exercised by the Commission until all matters with respect to which they have jurisdiction otherwise than under this section have been settled;

(b) for the references in section four of the Tithe M2 Act, 1918, to the First Schedule to that Act there shall be substituted references to the Sixth Schedule to this Act;

(c) in default of agreement for the discharge of the consideration money by an annuity, the Commission or the Minister, as the case may be, may, if the consideration money exceeds thirty pounds, on the application of the owner within the meaning of the Tithe Acts of the land, direct that it shall be so discharged;

(d) for the references in section four of the Tithe Act, 1918, to interest at the respective rates therein mentioned, there shall be substituted references to interest at such rate as may be determined by an agreement made under the said section or, in default of agreement, by the Commission or the Minister, as the case may be, with the approval of the Treasury.

(2) The Minister may lay before both Houses of Parliament an order prepared by him or by the Commission containing such provisions as he or they in his or their discretion think expedient with a view to the extinguishment of such corn rents, rentcharges or money payments as aforesaid generally or of any of them, and if a resolution approving the order is passed by each House, the order shall have effect from such day as the Minister or the Commission, as the case may be, may appoint.

Modifications etc. (not altering text)

C5 S. 30(1) repealed with saving (prosp.) by Corn Rents Act 1963 (c. 14), ss. 1(1), 3(4)(6), Sch.; amended (29.1.1973) by Land Charges Act 1972 (c. 61), s. 2(2)(b), Sch. 2 para. 1(e)

C6 S. 30(2) amended by Corn Rents Act 1963 (c. 14), s. 2

Marginal Citations

M2 1918 c. 54.

31 Liabilities to repair chancels, &c. E+W

(1) The provisions of this section shall have effect with respect to liabilities to repair chancels of churches or other ecclesiastical buildings arising from the ownership of—

(a) tithe rentcharge extinguished by this Act in respect of which stock is to be issued under this Act;

(b) tithe rentcharge extinguished by this Act to which the provisions of section twenty-one of this Act apply; or

(c) land in which merger or extinguishment of tithe rentcharge has taken effect and to which the provisions of section one of the Tithe M3 Act, 1839, apply.

(2) In respect of liability to repair arising from the ownership of a tithe rentcharge extinguished by this Act in respect of which stock is to be issued under this Act, the Diocesan Authority shall be entitled to receive a part of the stock to be issued in respect of the rentcharge equal in amount to such a sum (in this section and in the Seventh Schedule to this Act referred to as “the sum required for repairs”) as may be reasonably sufficient, having regard to the condition of the chancel or building at the appointed day, to provide for the cost of future repairs thereof and to provide a capital sum the income of which will be sufficient to insure it for a sum adequate to reinstate it in the event of it being destroyed by fire:

Provided that, where the rentcharge was vested immediately before the appointed day for an interest in fee simple in possession in any of the following corporations or bodies, namely, Queen Anne’s Bounty, the Ecclesiastical Commissioners, a spiritual rector of a rectory with cure of souls, an ecclesiastical corporation, or a university or college to which the M4 Universities and College Estates Act, 1925, applies, the foregoing provisions of this subsection shall not have effect, but the corporation or body shall be subject to liability to repair in like manner as if the rentcharge had continued in existence and in the ownership of the corporation or body.

(3) In respect of liability to repair arising from the ownership of a tithe rentcharge extinguished by this Act to which the provisions of section twenty-one of this Act apply, the land out of which the rentcharge issued immediately before the appointed day and the owner thereof for the time being shall be subject to liability to repair in like manner as if the land had been land to which the provisions of section one of the Tithe Act, 1839, apply.

(4) In respect of liability to repair arising from the ownership of land in which merger or extinguishment of a tithe rentcharge has taken effect and to which the provisions of section one of the Tithe M5 Act, 1839, apply, the land and the owner thereof for the time being shall be subject to liability to repair in like manner as if this Act had not passed.

(5) The foregoing provisions of this section shall have effect subject to the provisions of Part I of the Seventh Schedule to this Act, which relate to the apportionment of liability to repair in certain cases.

F31 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This section and the Seventh Schedule to this Act shall have effect in relation to a chancel or building in Wales or Monmouthshire subject to the modifications specified in Part III of that Schedule.

(9) In this section and in the Seventh Schedule to this Act the expression “Diocesan Authority” has the meaning assigned to it by the M6 Ecclesiastical Dilapidations Measure, 1923, and that Measure, as amended by the M7 Ecclesiastical Dilapidations (Amendment) Measure, 1929, is referred to as “the Measure.”

Textual Amendments

F31 Ss. 2(2)(3), 6(1)(2), 8, 22, 23, 31(6), Sch. 3 Pt. I, Sch. 8 paras. 2–4, 6, 7 repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

F32 Ss. 2(1), 7, 31(7), Sch. 7 Pt. I para. 3(a), Pt. II, Pt.III para. 2 repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17, Pt. XIV

Modifications etc. (not altering text)

C7 Functions of Queen Anne's Bounty and Ecclesiastical Commissioners now exercisable by Church Commissioners: Church Commissioners Measure 1947 (No. 2), ss. 1(2), 2, 18(2).

Marginal Citations

M3 1839 c. 62.

M4 1925 c. 24.

M5 1839 c. 62.

M6 1923 No. 3.

M7 1929 No. 3.

32 Furnishing of information by rating authorities. E+W

(1) The rating authority by whom a rate has been made shall, on being requested by the Commission so to do, supply to the Commission any information which is in their possession as to the amount paid or payable on account of the rate so far as assessed on any tithe rentcharge issuing out of land in the area to which the rate applied.

(2) A rating authority shall, on being requested by the Commission so to do, inform the Commission as respects any land in their area whether it was on the first day of April, nineteen hundred and thirty-six, land in respect of which rates were assessable.

Modifications etc. (not altering text)

C8 S. 32(1) repealed (prosp.) by Corn Rents Act 1963 (c. 14), s. 3(4), Sch.

33 Limitation of personal liability of trustees &c. as owners of land. E+W

In proceedings taken against any person for the enforcement of a personal liability to pay any sum imposed by this Act on that person as being the owner of land, if he proves that the ownership of the land was vested in him in the capacity of a trustee or personal representative, and that his rights of indemnity are, otherwise than by reason of negligence or default on his part, insufficient to provide for his reimbursement in respect of that liability, the court may give such directions for the limitation or release of that liability as the court thinks just and equitable.

F33 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F33 Ss. 3, 4(2)(b), 10, 11, 12(1), 13(3)(4)(7)–(9)(11), 15, 16(1)–(3)(7), 17, 29, 34 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

35 Application to Crown lands, &c. E+W

This Act shall apply to tithe rentcharge, to corn rents, rentcharges and money payments which are liable to redemption under the Tithe Acts, and to land, belonging to any Government department, or belonging to any public officer or body on behalf of His Majesty for government purposes, or belonging to His Majesty in right of the Crown, or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, and in relation to such rentcharge, rent, payment or land this Act binds the Crown and, for the purposes of this Act, the officer or body having the management of any such rentcharge, rent, payment or land shall represent His Majesty.

36 Ultimate custody of tithe apportionments, collecting lists, &c. E+W

(1) As soon as it appears to the Commission . . . F34 that a document placed at their disposal under section six of this Act is no longer required by the Commission . . . F34 for the purpose of the discharge of their functions under this Act, they shall cause it to be delivered into the custody of the person who but for the provisions of that section would have been entitled to the custody thereof.

(2) Subject to the provisions of section six of this Act, sealed copies made pursuant to the Tithe Acts of instruments of apportionment shall be under the charge and superintendence of the Master of the Rolls, who may direct that any such copy shall be transferred to the Public Record Office, or to any public library or museum or historical or antiquarian society which may be willing to receive it, and if any such copy is transferred to any public library or museum or historical or antiquarian society, the governing body thereof shall thereafter have the custody thereof and shall be responsible for the proper preservation thereof.

The Master of the Rolls may make rules for giving effect to this subsection.

Textual Amendments

F34 Words repealed by the Tithe Act 1951 (c. 62), Sch. 2

Modifications etc. (not altering text)

C9 S. 36(1) restricted by Tithe Act 1951 (c. 62), s. 10(5)

C10 S. 36(2) amended by Local Government (Records) Act 1962 (c. 56), s. 7(1)

37 Adaptation of references to tithe rentcharge. E+W

(1) Any enactment or instrument whereby the extent of any right or obligation is to be determined by reference to the amount for the time being payable in respect of tithe rentcharge shall, unless the context otherwise requires, have effect in relation to any period after the appointed day as if the amount so payable had been ninety-one pounds eleven shillings and two pence for every hundred pounds of tithe rentcharge, and proportionately greater or lesser amounts for tithe rentcharge of more or less than one hundred pounds.

(2) In the case of a testamentary instrument executed before the commencement of this Act, a disposition referring to tithe rentcharge shall be construed and have effect in relation to a rentcharge extinguished by this Act as if the reference had included a reference to the stock issued in respect thereof.

38 Power of Queen Anne’s Bounty to make consequential adjustments. E+W

For the purpose of making adjustments consequential upon the extinguishment of tithe rentcharge, Queen Anne’s Bounty shall give effect to the provisions of Part II of the Third Schedule, and shall have the powers specified in the Eighth Schedule, to this Act.

Modifications etc. (not altering text)

C11 Functions of Queen Anne's Bounty now exercisable by Church Commissioners: Church Commissioners Measure 1947 (No. 2), ss. 2, 18(2)

General E+W

39 Powers for determination of questions in performance of functions under this Act. E+W

(1) The provisions of the Arbitration Acts, 1889 to 1934, with respect to—

(a) the administration of oaths and the taking of affirmations;

(b) the correction of mistakes and errors in awards;

(c) the summoning, attendance and examination of witnesses and the production of documents;

(d) the cost of proceedings; and

(e) the statement in the form of a special case for the decision of the court of any question of law arising in the course of the reference;

shall apply in respect of proceedings before the Commission . . . F35 for the purposes of this Act, . . . F35 and at any inquiry held by the Commission . . . F35 for the purposes of this Act, but save as aforesaid the said Acts shall not apply to or at any such proceedings, . . . F35 or inquiry.

(2) Before making a determination in relation to any matter which they are authorised by this Act to determine, the Commission . . . F35 shall give to any person who satisfies them that he is interested in the land or in the compensation to be made in respect of the tithe rentcharge, as the case may be, to which the determination relates an opportunity of making representations, and any person who satisfies the Commission, . . . F35 or the court, as the case may be, that he is so interested may apply for the statement in the form of a special case of any question of law arising in relation to the matter.

(3) Subject as aforesaid, a determination of the Commission . . . F35 in relation to any matter which they are authorised by this Act to determine shall be binding and conclusive for all purposes.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F35 Words repealed by the Tithe Act 1951 (c. 62), Sch. 2

F36 Ss. 12(2)–(6), 18–20, 39(4), 42(2), 43, 45 repealed by Tithe Act 1951 (c. 62), Sch. 2

40 Exercise by the Commission of certain powers conferred by the Tithe Acts. E+W

(1) The powers conferred by . . . F37 section thirty-four of the M8 Tithe Act, 1860 (which relates to the determination of the parish in respect of which a tithe rentcharge ought to have been charged where land has been made chargeable in more than one parish), shall be exercisable by the Commission either before or after the appointed day, and in relation to a tithe rentcharge or to land in respect of which any of the said powers is exercised by the Commission after the appointed day this Act shall have effect as if the . . . F37 determination, . . . F37 had been made immediately before the appointed day.

(2) The powers conferred by section twenty-six of the Tithe Act, 1860 (which relates to the detachment of maps from instruments of apportionment), shall be exercisable by the Commission either before or after the appointed day.

Textual Amendments

F37 Words repealed by the Tithe Act 1951 (c. 62), Sch. 2

Marginal Citations

M8 1860 c. 93.

41 Power to enter and inspect land. E+W

Any person authorised in writing by the Commission . . . F38 for the purpose shall have a right, on production of his authority, to enter on and inspect at all reasonable times any land for the purpose of obtaining any information required by them for the discharge of their functions under this Act.

Textual Amendments

F38 Words repealed by the Tithe Act 1951 (c. 62), Sch. 2

42 Service and proof of documents. E+W

(1) Any notice or other document required or authorised to be served under this Act may be served either—

(a) by delivering it to the person on whom it is to be served; or

(b) by leaving it at the usual or last known place of abode of that person; or

(c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at its registered or principal office or sending it in a prepaid registered letter addressed to the secretary or clerk of the company or body at that office.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

Textual Amendments

F39 Ss. 12(2)–(6), 18–20, 39(4), 42(2), 43, 45 repealed by Tithe Act 1951 (c. 62), Sch. 2

F40 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F40 Ss. 12(2)–(6), 18–20, 39(4), 42(2), 43, 45 repealed by Tithe Act 1951 (c. 62), Sch. 2

44 Treasury authorisation. E+W

A consent, approval or direction, required to be given by the Treasury for the purposes of this Act may be given either generally for any class of case or for any particular transaction.

F41 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F41 Ss. 12(2)–(6), 18–20, 39(4), 42(2), 43, 45 repealed by Tithe Act 1951 (c. 62), Sch. 2

F42 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F42 S. 46 repealed by Statute Law Revision Act 1964 (c. 79)

47 Interpretation. E+W

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

• . . . F44

• “benefice” includes all rectories with cure of souls, vicarages, perpetual curacies, endowed public chapels and parochial chapelries, and chapelries or districts belonging or reputed to belong or annexed or reputed to be annexed to any church or chapel, and districts formed for ecclesiastical purposes by virtue of statutory authority, and includes benefices in the patronage of the Crown or of the Duchy of Cornwall;

• “contingent rentcharge” means tithe rentcharge issuing out of lands exempted by virtue of section seventy-one of the M9 Tithe Act, 1836, from the payment thereof whilst in the occupation of the owner of the lands or otherwise subject to special incidents;

• “district” means the parish or other district treated as a separate district for the commutation of tithes under the Tithe Act, 1836;

• “ecclesiastical corporation” has the meaning assigned to it by the M10 Episcopal and Capitular Estates Act, 1851;

  . . . F45

• “extraordinary tithe rentcharge” means a rentcharge payable under the M11 Extraordinary Tithes Acts, 1886 M12 and 1897;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

• “instrument of apportionment” means an instrument of apportionment made and confirmed, or an instrument of altered apportionment made, under the Tithe Acts, and includes a certificate of capital value sealed under the Extraordinary Tithes Acts, 1886 and 1897, and a map annexed to any such instrument or certificate or detached therefrom under section twenty-six of the Tithe Act, 1860;

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

• “prescribed” means prescribed by rules made by the Commission . . . F47 ;

  . . . F48

• “re-apportioned rentcharge” means a tithe rentcharge which has been re-apportioned by the authority for the time being exercising jurisdiction in that behalf under the Tithe Acts, or which has, before the first day of April, nineteen hundred and thirty-three, been re-apportioned, as between lands identified by numers in an instrument of apportionment, by the owners of the rentcharge and of the lands and has been recovered on the basis of such re-apportionment;

• “stock” means redemption stock;

• “Tithe Acts” means the Tithe Acts, 1836 to 1925;

• “tithe rentcharge” means tithe rentcharge issuing out of lands and payable in pursuance of the Tithe Acts, and includes a rentcharge into which a corn rent was converted under those Acts, and also (except in such portions of this Act as do not have effect in relation to extraordinary tithe rentcharge) extraordinary tithe rentcharge, but does not include a rentcharge payable under the M13 Tithe Act, 1860, in respect of the tithes on any gated or stinted pasture, nor a sum or rate payable for each head of cattle or stock turned on land subject to common rights or held or enjoyed in common.

(2) In this Act, unless the context otherwise requires, in relation to a re-apportioned rentcharge, references to a tithe rentcharge shall be construed as references to each of the rentcharges resulting from the re-apportionment, and references to the land out of which a tithe rentcharge issued shall be construed as references to the lands respectively on which those rentcharges were reapportioned.

(3) References in this Act to the amount of a tithe rentcharge shall be construed as references to the apportioned or par amount thereof.

(4) In calculating for the purposes of this Act the amount . . . F49 or of any sum payable on account of tithe rentcharge, fractions of a penny less than a halfpenny shall be disregarded, and fractions of a penny amounting to a halfpenny or more shall be treated as a whole penny.

Textual Amendments

F43 Definitions repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

F44 Definitions repealed by Tithe Act 1951 (c. 62), Sch. 2

F45 Definition repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

F46 Definition repealed by Finance Act 1989 (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17 Pt. XIV

F47 Words repealed by the Tithe Act 1951 (c. 62), Sch. 2

F48 Definition repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. II

F49 Words repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V and by Finance Act 1989, (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17 Pt. XIV

Marginal Citations

M9 1836 c. 71.

M10 1851 c. 104.

M11 1886 c. 54.

M12 1897 c. 23.

M13 1860 c. 93.

X1 48 †Short title, construction, extent and repeal. E+W

(1) This Act may be cited as the Tithe Act, 1936, and shall be construed with the Tithe Acts, 1836 to 1925, and those Acts and this Act may be cited together as the Tithe Acts, 1836 to 1936.

(2) This Act shall extend to England and Wales only.

F50 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 A dagger appended to a marginal note means that it is no longer accurate

Textual Amendments

F50 S. 48(3), Sch. 9 repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)