Redundant Churches and Other Religious Buildings Act 1969

4 Power of court to authorise the transfer of certain redundant places of public religious worship to the Minister of Housing and Local Government or the Secretary of State. E+W

(1) If, in the case of a building which is a place of public religious worship and held by or in trust for a charity but is not a church subject to the provisions of the M1 Pastoral Measure 1968, the court is satisfied that the building, or a part thereof, is no longer required for use as a place of public religious worship and that the Minister is willing to enter into an agreement for the acquisition by him, under the powers conferred on him by section 5 of the M2 Historic Buildings and Ancient Monuments Act 1953, of the building or part by way of gift or for a consideration other than a full consideration, but that it is not within the powers of the persons in whom the building is vested to carry out the agreement except by virtue of this section, the court may, under its jurisdiction with respect to charities, establish a scheme for the making and carrying out of the agreement, and, if it appears to the court proper to do so, the scheme may provide for the acquisition by the Minister under the said section 5, whether or not by way of gift or for such a consideration, of other land, if any, held by or in trust for the charity and comprising, or contiguous or adjacent to, the building, and of objects, if any, which are, or have been, ordinarily kept in the building.

[F1 (1A) Subsection (1B) below shall apply where—

(a) a building is situated in England, is a place of public religious worship, is held by or in trust for a charity, but is not a church subject to the provisions of the M3 Pastoral Measure 1968, and

(b) the court is satisfied that the building, or a part of it, is no longer required for use as a place of public religious worship and that the Historic Buildings and Monuments Commission for England are willing to enter into an agreement for the Commission’s acquisition, under section 5A of the M4 Historic Buildings and Ancient Monuments Act 1953, of the building or part by way of gift or for a consideration other than a full consideration, but that it is not within the powers of the persons in whom the building is vested to carry out the agreement except by virtue of this section.

(1B) In that case, the court may, under its jurisdiction with respect to charities, establish a scheme for the making and carrying out of the agreement and, if it appears to the court proper to do so, the scheme may provide for the Commission’s acquisition under the said section 5A, whether or not by way of gift or for such a consideration, of other land, if any, which is situated in England, which is held by or in trust for the charity and which comprises or is contiguous or adjacent to the building, and of objects, if any, which are or have been ordinarily kept in the building.]

(2) A scheme under [F2 subsection (1) above]may provide for conferring on the Minister such rights of way over any land held by or in trust for the charity as appear to the court to be necessary for the purpose of the performance of his functions in relation to the building or any land acquired by him under the scheme or for giving to the public reasonable access to the building or land and, so far as so necessary, such rights of way, if any, as are, before the making of the scheme, enjoyed by persons attending services at the building.

[F3 (2A) A scheme under subsection (1B) above may provide for conferring on the Commission such rights of way over any land situated in England and held by or in trust for the charity as appear to the court to be necessary for the purpose of the performance of the Commission’s functions in relation to the building or any land acquired by them under the scheme or for giving to the public reasonable access to the building or land and, so far as so necessary, such rights of way, if any, as are before the making of the scheme enjoyed by persons attending services at the building.]

(3) A scheme made under subsection (1) above may provide for the making of an application to the Minister, by a person specified in, or appointed in pursuance of, the scheme, for the restoration, if the Minister thinks fit, of the building or part to use as a place of public religious worship; and if the Minister, whether or not such an application is made to him, requests the Charity Commissioners to make provision for restoration of the building or part to such use, they may do so by a scheme under their jurisdiction under section 18 of the M5 Charities Act 1960 (which confers on the Charity Commissioners . . . . . . F4 concurrent jurisdiction with the High Court for certain purposes) notwithstanding anything in subsection (4) of that section or that the charity by or in trust for whom the building was held before the establishment of the scheme mentioned in subsection (1) above has ceased to exist; and if it has ceased to exist, the scheme may provide for the constitution of a charity by or in trust for whom the building on its restoration is to be held.

[F5 (3A) Subsection (3) above shall apply in relation to a scheme made under subsection (1B) above as it applies in relation to a scheme made under subsection (1) above, as if references to subsection (1) were to subsection (1B), references to the Minister were to the Historic Buildings and Monuments Commission for England, and as if subsection (3) were otherwise construed accordingly.]

(4) Sections 18 (except subsections (6) . . . . . . F4 ) and 21 (publicity) of the Charities Act 1960 shall have effect in relation to a scheme made under subsection (1) [F6 or (1B)]above as they do in relation to a scheme for the administration of a charity.

(5) In this and the next following section “the Minister”, except in the case of the application of either of those sections to Wales and Monmouthshire, means the Minister of Housing and Local Government, and in the said excepted case means the Secretary of State; and expressions to which a meaning is assigned by the Charities Act 1960 for the purposes of that Act have that meaning also for the purposes of this and the next following section.

Textual Amendments

F1 S. 4(1A)(1B) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 13(1)(2)

F2 Words substituted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 13(1)(3)

F3 S. 4(2A) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 13(1)(4)

F4 Words repealed by Education Act 1973 (c. 16), Sch. 2 Pt. III

F5 S. 4(3A) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 13(1)(5)

F6 Words inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 33, Sch. 4 para. 13(1)(6)

Modifications etc. (not altering text)

C1 References to Minister of Housing and Local Government now to be construed as references to Secretary of State: S.I. 1970/1681 art. 2

Marginal Citations

M1 1968 No. 1.

M2 1953 c. 49.

M3 1968 No. 1.

M4 1953 c.49 (3).

M5 1960 c. 58.