Tithe Act 1951

10 Minor amendments, and repeals. E+W+S+N.I.

(1) No power to create tithe rentcharge shall be exerciseable after the commencement of this Act, and accordingly

(a) the enactments in the Tithe Acts which were repealed by the M1 Statute Law Revision Act, 1890, the M2 Statute Law Revision (No. 2) Act, 1890, and the M3 Statute Law Revision Act, 1891, but with an exception as to tithes not commuted at the date of the passing of those Acts, are hereby repealed as to such tithes; and

(b) sections eighteen and twenty-five of the Tithe M4 Act, 1860, are hereby repealed.

(2) Section three of the Tithe M5 Act, 1847 (which relates to the correction of instruments of apportionment) is hereby repealed.

(3) In the exercise of the power to order detachment of the map annexed to an instrument of apportionment from that instrument which was conferred on the Tithe Commissioners by section twenty-six of the Tithe Act, 1860, and is made exercisable by the Commission by section forty of the principal Act, the Commission shall not be bound, and shall be deemed never to have been bound, by the requirement of the said section twenty-six that the power as exercisable by the Tithe Commissioners should be exercised by order under their hands.

(4) In so far as they concern annuities charged on land for the redemption of tithe rentcharge or of corn rents, rentcharges or money payments redeemed under the Tithe Acts, 1836 to 1936, the functions of the Minister under section one of the Tithe M6 Annuities Apportionment Act, 1921, and under sections one hundred and ninety-one and one hundred and ninety-two of the M7 Law of Property Act, 1925, are hereby transferred to the Commission, who may prescribe the procedure to be followed in connection with the exercise of those functions and the manner in which costs are to be borne by the respective parties to proceedings in connection therewith, and such reasonable fees as they may with the approval of the Treasury prescribe shall be payable to the Commission in connection therewith.

(5) Instruments of apportionment (which by subsection (3) of section six of the principal Act were required to be placed at the disposal of the Commission by the Minister) shall be in the custody of the Commission, and subsection (1) of section thirty-six of that Act (which requires the Commission, when a document placed at their disposal under the said section six is no longer required by them, to deliver it into the custody of the person who but for that section would have been entitled thereto) shall not apply to such instruments.

(6) The following paragraph shall be substituted for paragraph (c) of subsection (1) of section ten of the principal Act (which specifies the annual value of land as ascertained for the purposes of income tax under Schedule B as a matter to which the Commission are to have regard in apportioning an annuity), that is to say,—

“(c) in the case of an annuity charged in respect of agricultural land, to the annual value of the land or any part thereof, which shall be taken to be the annual rent which a tenant might reasonably be expected to pay therefor.”

(7) Sections nineteen and twenty of the principal Act (which related to sums that became due before the second day of October, nineteen hundred and thirty-six, in respect of or as an addition to tithe rentcharge extinguished by that Act, and which are spent) are hereby repealed.

(8) Paragraph (d) of section twenty-nine of the principal Act (which excludes annuities charged in respect of the lands out of which extraordinary tithe rentcharges issued from the remission granted by section fourteen of that Act in the case of certain annuities charged in respect of agricultural land) shall cease to have effect, but without prejudice to any other of the provisions of the said section twenty-nine.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(10) Rules made by the Commission for prescribing anything which they are authorised by this Act or the principal Act to prescribe shall be a statutory instrument, and the provisions of the M8 Statutory Instruments Act, 1946, shall apply thereto accordingly, and such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

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Amendments (Textual)

F1 Ss. 1(1)–(5)(10), 2–5, 10(9), Sch. 1 repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V

Modifications etc. (not altering text)

C1 S. 10(1)(2)(7)(8) repealed (prosp.) by Corn Rents Act 1963 (c. 14), s. 3(4), Sch.

C2 The text of ss. 10(6), 12(3), Sch. 2 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.

Marginal Citations

M1 1890 c. 53.

M2 1890 c. 51.

M3 1891 c. 67.

M4 1860 c. 93.

M5 1847 c. 104.

M6 1921 c. 20.

M7 1925 c. 20.

M8 1946 c. 36.