Search Legislation

Ecclesiastical Commissioners Act 1840

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Ecclesiastical Commissioners Act 1840. Any changes that have already been made by the team 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 :

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

[1]—4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

Textual Amendments

F1Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

5 Canonry at Christchurch annexed to a professorship instead of canonry at Worcester.U.K.

In the chapter of Christchurch in Oxford the first vacant canonry, not being one of the two canonries which are respectively annexed to regius professorships in the university of Oxford, shall immediately become and be permanently annexed and united to the lady Margaret’s professorship of divinity in the said university, and shall and may be held by the present and every future lady Margaret’s professor of divinity therein; and upon such annexation as aforesaid the canonry in the cathedral church of Worcester, which is now annexed to the last-mentioned professorship, shall be ipso facto detached therefrom, and shall become vacant; and the canonry secondly-vacant in the said chapter of Christchurch shall be subject to the provisions herein-after contained respecting the endowment of archdeaconries by the annexation of canonries thereto.

Modifications etc. (not altering text)

C1S. 5 excluded by 1995 gsm 2, s. 2(3) (as substituted (E.) (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 19, 21(2); S.I. 2014/1369, art. 2)

6 Two canonries at Christchurch annexed to new professorships in the university of Oxford.U.K.

And whereas her Majesty has graciously intimated to Parliament her royal will and intention to found two new professorships in the said university of Oxford, and it is expedient that the same should be competently endowed: the two canonries in the said chapter of Christchurch (not being either of them a canonry annexed or to be annexed to any of the professorships already founded in the said university) which shall be thirdly and fourthly vacant, shall, upon the vacancies thereof respectively, and the foundation of such professorships respectively, become and be permanently annexed and united thereto, in such order as her Majesty shall, in and by her royal letters patent founding such professorships, direct and appoint; and if either of such last-mentioned canonries be vacant before the foundation of such professorships, the same shall not be filled up until after such foundation; and after such annexation the said canonries shall and may be held by the holders of such professorships respectively for the time being; provided that if the member of any college or hall in the said university except Christchurch shall hereafter accept any professorship to which a canonry of Christchurch is or shall be annexed, he shall thereby cease to be a member of such other college or hall.

Modifications etc. (not altering text)

C2S. 6 excluded by 1995 gsm 2, s. 2(3) (as substituted (E.) (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 19, 21(2); S.I. 2014/1369, art. 2)

7 Act not to apply otherwise to Christchurch.U.K.

Except as herein particularly specified, nothing in this Act contained shall in any manner affect or apply to the cathedral church of Christ in Oxford.

8—15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

Textual Amendments

F2Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

17-18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

Textual Amendments

F4Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5U.K.

Textual Amendments

20—23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

Textual Amendments

F6Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

24 Deans of old cathedrals and three canons of St. Paul’s to be appointed by Her Majesty.U.K.

The deanery of every cathedral and collegiate church upon the old foundation, except in Wales, and the three existing canonries in the cathedral church of Saint Paul in London, shall henceforth be in the direct patronage of her Majesty, who shall and may, upon the vacancy of any such deanery or canonry, appoint, by letters patent, a spiritual person to be dean or canon, as the case may be, who shall thereupon be entitled to installation as dean or canon of the church to which he may be so appointed.

25—26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7U.K.

Textual Amendments

F7Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

27 Qualification of deans, archdeacons, and canons.E

No person shall hereafter be capable of receiving the appointment of dean F8... [F9,] archdeacon, or canon, until he shall have been six years complete in [F10holy orders and, in the case of a dean F8 ... or archdeacon, be in priest’s orders at the time of the appointment], except in the case of a canonry annexed to any professorship, headship, or other office in any university.

Textual Amendments

F8Word in s. 27 omitted (coming into force in accordance with s. 53(3) of the amending Measure) by virtue of Cathedrals Measure 2021 (No. 2), Sch. 4 para. 1 (with ss. 42(4), 48, 52(1))

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11U.K.

Textual Amendments

F11Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

X129 Annexation of rectories of St. Margaret’s and St. John’s to two canonries of Westminster, &c.U.K.

The rectory of the parish of Saint Margaret in the city of Westminster shall immediately become and be permanently annexed and united to the canonry in the said collegiate church of Saint Peter Westminster held by Henry Hart Milman clerk, master of arts, and the rectory of the parish of Saint John in the same city shall immediately become and be permanently annexed and united to the canonry in the same church held by John Jennings clerk, master of arts; and the said Henry Hart Milman and his successors, and the successors of the said John Jennings, in the said respective canonries, shall, as canons of the said church, become ipso facto rectors of the said respective parishes and the parish churches thereof, to all intents and purposes; and the said parishes shall become and be part of the province of Canterbury of the diocese of London, and of the archdeaconry of Middlesex; and the said parishes, and the rectors and other ministers and officers thereof, shall, in ecclesiastical matters, be subject only to the jurisdiction of the archbishop of Canterbury, the bishop of London, and the archdeacon of Middlesex respectively, in the same manner as other parishes in the said province, diocese, and archdeaconry are respectively subject thereto, and be exempted and relieved from all other ecclesiastical jurisdiction whatsoever: Provided always, that nothing herein contained shall in any manner affect or prejudice any of the rights, customs, or claims of the parishioners of the said parish of Saint Margaret, or the vestry or churchwardens thereof for the time being, nor render them liable to or chargeable with the repairs of the said Broadway chapel further or otherwise than as they now are or may become liable thereto by any law in force at the time of the passing of this Act.

Editorial Information

X1S. 29 repealed so far as it relates to the existing parish and its rectory by Westminster Abbey and St. Margaret Westminster Act 1972 (c. xxvi), Sch. 2

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

Textual Amendments

F12S. 30 repealed by Westminster Abbey and St. Margaret Westminster Act 1972 (c. xxvi), Sch. 2

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13U.K.

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

Textual Amendments

F15Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16U.K.

F1735 Further provision for archdeaconries.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19U.K.

Textual Amendments

F19Ss. 37, 70 and 77 repealed by Statute Law (Repeals) Act 1977 (c. 18) Sch. 1 Pt. V

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20U.K.

Textual Amendments

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21U.K.

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22U.K.

Textual Amendments

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23U.K.

Textual Amendments

F23Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24U.K.

43 Haseley rectory to be severed from the deanery of Windsor.U.K.

In the construction of this Act the said free chapel of Saint George in Windsor shall be held to be included in the term collegiate church; and immediately upon the first vacancy of the deanery of the said free chapel so much of an Act passed in the reign of Queen Anne, for annexing the rectory or parsonage of Haseley to the deanery of the said free chapel, as relates to the rectory, parsonage, and parish of Haseley, shall be repealed, and the rectory of Haseley in the county of Oxford shall be absolutely detached and dissevered from the said deanery, and, subject to such appropriation of the revenues thereof as shall be determined on by the authority herein-after provided, shall be in the patronage of the chapter of the said chapel: . . . . . . F25

Textual Amendments

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26U.K.

Textual Amendments

45—46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27U.K.

Textual Amendments

F27Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28U.K.

Textual Amendments

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29U.K.

49—53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30U.K.

Textual Amendments

F30Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

F3154 Endowments of suppressed sinecure rectories vested in commissioners.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3255 As to certain sinecure rectories.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33U.K.

57 Commissioners to have all legal powers of enforcing payments, &c.U.K.

The [F34Church Commissioners] shall, for the purpose of enforcing payment of all profits and emoluments to be paid to them, and of obtaining possession of all lands, tithes, or other hereditaments vested in or accruing to them as aforesaid, and of recovering the rents and profits thereof, have and enjoy all rights, powers, and remedies, at law and in equity, which belonged or belong, or would belong or have belonged, to the holder of the deanery, canonry, prebend, dignity, or office, or the rector of the rectory, in respect of which such profits and emoluments, lands, tithes, and other hereditaments and endowments respectively are by or under the provisions of this Act to be paid or to accrue to and be vested in the said commissioners.

Textual Amendments

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35U.K.

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36U.K.

Textual Amendments

F36Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37U.K.

Textual Amendments

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38U.K.

Textual Amendments

F38Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39U.K.

Textual Amendments

63—64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40U.K.

Textual Amendments

F40Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41U.K.

Textual Amendments

66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42U.K.

Textual Amendments

F42Ss. [1]–4, 8–15, 17, 18, 20–23, 25, 26, 28, 33, 41, 45, 46, 49–53, 59, 61, 63, 64, 66 and Sch. repealed by Cathedrals Measure 1963 (No. 2), Sch. 2

67 Mode of applying the revenues at the disposal of the commissioners. U.K.

Except as herein otherwise specified, all the monies and revenues to be paid to the [F43Church Commissioners], and all the rents and profits of the lands, tithes, and other hereditaments vested and to be vested in them the said commissioners by and under the authority of this Act, together with all accumulations of interest produced by and arising therefrom, shall be from time to time carried over by the said commissioners to [F43their general fund], and by payments or investments made out of such fund, or, if in any case it be deemed more expedient, by means of an actual conveyance and assignment of such lands, tithes, or other hereditaments, or of a portion thereof, additional provision shall be made [F44. . .] for the cure of souls in parishes where such assistance is most required, in such manner as shall [F44. . .] be deemed most conducive to the efficiency of the Established Church: F45...

68 Special arrangements, with consent of bishop or chapter. U.K.

By the authority herein-after provided, and for the purpose of fully carrying into effect any of the provisions of this Act or of the said first-recited Act, any sum of money which shall have been invested in the public funds, or in other security or securities, in trust for any ecclesiastical body corporate, aggregate or sole, may, upon an application in writing to the [F46Church Commissioners], under the hand and seal of such body corporate, and, in the case of any chapter, with the consent of the visitor thereof, be directed to be sold, and the same shall be sold accordingly; and the produce of such sale shall be applied to such purpose and in such manner as shall appear most conducive to the permanent benefit of such body corporate; and also, for any like purpose, and by the like authority, any arrangement may from time to time be made, with the consent in writing under the corporate seal of any bishop or chapter, for the sale, transfer, or exchange of any lands, tithes, or other hereditaments, belonging to the see of such bishop or to such chapter, or for the purchase of other lands, tithes, or other hereditaments in lieu thereof, or for substituting in any case any lands, tithes, or other hereditaments for any money payment.

Textual Amendments

Modifications etc. (not altering text)

C6S.68 amended (30.6.1999) by 1999 No. 1, ss. 36(2)(6), 38(2)(3) (with ss. 33, 34, 37)

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47U.K.

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48U.K.

Textual Amendments

F48Ss. 37, 70 and 77 repealed by Statute Law (Repeals) Act 1977 (c. 18) Sch. 1 Pt. V

71—72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49U.K.

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50U.K.

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51U.K.

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52U.K.

Textual Amendments

F5376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F53S. 76 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VI

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54U.K.

Textual Amendments

F54Ss. 37, 70 and 77 repealed by Statute Law (Repeals) Act 1977 (c. 18) Sch. 1 Pt. V

78—82.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55U.K.

Textual Amendments

83 [F56Church Commissioners] to lay schemes before Queen in council, for carrying into effect the said recommendations.U.K.

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5884 Queen in council may make order for carrying schemes into effect. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C8S. 84 amended (30.6.1999) by 1999 No. 1, ss. 36(2)(6), 38(2)(3) (with ss. 33, 34, 37)

F5985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F59S. 85 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VI

F6086 Orders gazetted to be of full effect. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

87 Copies of orders to be laid before Parliament.U.K.

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6288 Penalty for neglect of registration. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

89 Fee to registrar. U.K.

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

90 Provisions of 1836 c. 77 to extend to this Act.U.K.

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65U.K.

92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66U.K.

Textual Amendments

93 Construction of the terms “canon” and “minor canon”.U.K.

In the construction of this Act the term “canon” shall be construed to mean only every residentiary member of chapter, except the dean, heretofore styled either prebendary canon, canon residentiary, or residentiary; F67. . ..

Textual Amendments

F67Words in s. 93 repealed (5.11.1993) by 1993 c. 50, s. 1 (1), Sch. 1 Pt. VI

94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68U.K.

Textual Amendments

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources