Tithe Act 1951

SCHEDULES

Section 5.

FIRST SCHEDULE Provisions for ascertainment of ownership of land in respect of which an annuity is charged

1 Proof that a person paid a sum due on account of a tithe rentcharge which issued out of any land or on account of an instalment of an annuity charged in respect of any land, or that a person was treated by the court as the owner of any land for the purposes of an order for the recovery of a tithe rentcharge which issued out of any land or for the recovery of an instalment of an annuity charged in respect of any land, shall for the purposes of this Act be prima facie evidence that that person was the owner of that land on the date on which the payment or order, as the case may be, was made and that he remains the owner thereof.

2 A person who is in occupation of, or who receives rent in respect of, land in respect of which an annuity is charged shall, on being required so to do by an officer of the Commission, inform him of the name and address of any other person to whom that person pays rent in respect of that land or of any part thereof and give him any other information in that person's possession relevant to the ascertainment of the identity of the owner of the land, and any person who when required to give information under this paragraph fails so to do, or gives any information which is to his knowledge false, shall, without prejudice to any other liability, be liable on summary conviction to a fine not exceeding five pounds.

3 Where an estate or interest in any land, in respect of which an annuity is charged, is disposed of or created in such manner as to bring about a change in the ownership of the land, it shall be the duty of the person who was the owner of that land immediately before the execution of the instrument whereby that estate or interest was disposed of or created, and of the person by whom it was disposed of or created if other than such owner, within one month from the date of the execution of the instrument to furnish to the Commission particulars in the prescribed form of the instrument and of the name and address of every person who has thereby become an owner of the land or of any part thereof:

Provided that, if the person by whom the estate or interest was disposed of or created is other than the owner of the land immediately before the execution of the instrument, then, on the furnishing of the particulars by either of them within the period mentioned in this paragraph the duty of the other so to do shall be extinguished.

Any person who fails to furnish within the period mentioned in this paragraph any particulars which he is thereby required to furnish shall be liable on summary conviction to a fine not exceeding five pounds.

Section 12.

SECOND SCHEDULE Enactments Repealed

Session and Chapter	Title or Short Title	Extent of Repeal
10 & 11 Vict. c. 104.	The Tithe Act, 1847	Section three.
23 & 24 Vict. c. 93.	The Tithe Act, 1860	Sections eighteen and twenty-five.
11 & 12 Geo. 5. c. 20.	The Tithe Annuities Apportionment Act, 1921.	In section one, subsection (3).
26 Geo. 5. & 1 Edw. 8. c. 43.	The Tithe Act, 1936	In section four, in subsection (2), in paragraph (b) the words from "until" to the end of the paragraph.
		In section five, subsection (4).
		Section nine.
		In section twelve, in subsection (1), the words from " whilst" to " effect "; and subsections (2) to (6).
		In section sixteen, subsections (4) to (6); in subsection (7), the words from " and no proceedings " to " taken "; and subsection (8).
		Section eighteen.
		Section nineteen.
		Section twenty.
		In section twenty-five, in subsection (2), the words " and the Board ", " respectively", and " or of arrears "; and in subsection (4), paragraph (c), and in paragraph (d) the words " the Board, the Arrears Investigation Committee".
		In section twenty-nine, in paragraph (c) the words from " section nineteen " to " appointed day ", and paragraph (d).
		In section thirty-six, in subsection (1), the words " or to the Board " and " or the Board ".
		In section thirty-nine, in subsection (1), the words " or the Board " in both places where they occur, the words from " and except " to " Committee", and the word " reference " where it last occurs; in subsection (2), the words " or the Board, as the case may be", and the words " or the Board "; in subsection (3), the words "or of the Board"; and subsection (4).
		In section forty, in subsection (1), the words from " section three " to "and of", the words "correction or ", and the words " as the case may be ".
		In section forty-one, the words " or the Board ".
		In section forty-two, subsection (2).
		Section forty-three.
		Section forty-five.
		In section forty-seven, in subsection (1), the definitions of " annuities register ", " annuities map ", " appropriate authority" and " arrears "; and, in the definition of " prescribed ", the words from " or " to the end of the definition.
		In the Fourth Schedule, in paragraph 2, in sub-paragraph (a) the words from " if the annuity " to " management of the Commission"; and in paragraph 3 the words from " in a case where " to " management of the Commission ".

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Tithe Act, 1847	10 & 11 Vict. c. 104.
Tithe Act, 1860	23 & 24 Vict. c. 93.
Statute Law Revision Act, 1890	53 & 54 Vict. c. 33.
Statute Law Revision (No. 2) Act, 1890	53 & 54 Vict. c. 51.
Statute Law Revision Act, 1891	54 & 55 Vict. c. 67.
Tithe Annuities Apportionment Act, 1921	11 & 12 Geo. 5. c. 20.
Law of Property Act, 1925	15 & 16 Geo. 5. c. 20.
Tithe Act, 1936	26 Geo. 5. & 1 Edw. 8. c. 43.
Statutory Instruments Act, 1946	9 & 10 Geo. 6. c. 36.