Cathedrals Measure 1963

19 Schemes for transfer of property to Church Commissioners and capitular bodies. U.K.

(1) The Church Commissioners with the consent of the administrative body of the cathedral church concerned and also, if the scheme transfers property vested in a dean, provost or canon, with the consent of that dean, provost or canon, may prepare and submit to Her Majesty in Council for confirmation a scheme providing—

(a) for the transfer to the Church Commissioners of the whole or part of the property of any capitular body (other than the cathedral church and the buildings belonging thereto) for such consideration and on such terms as the Church Commissioners think fair and reasonable, including the extinguishment of any right of the Church Commissioners to receive any part of the income or property of that capitular body;

(b) for the transfer of property by the Commissioners to any capitular body either in consideration of a reduction of any annual sum payable by the Commissioners to the capitular body or in consideration of the payment of any sum of money or the transfer of any property to the Commissioners or for no consideration;

(c) for the transfer to the capitular body of a cathedral church of any property acquired after the passing of this Measure as a corporation sole by a dean or canon thereof or by a provost thereof (whether as provost or incumbent).

(2) A scheme under the last foregoing subsection may—

(a) amend or repeal the provisions of any other scheme made under any Act or Measure relating to the property of the cathedral church concerned, other than provisions forming part of the constitution and statutes of the cathedral church;

(b) contain such incidental, consequential or supplementary provisions as may be necessary or expedient for giving full effect to the scheme.

(3) The following provisions of the M1 Ecclesiastical Commissioners Act 1840 (which relate to the making, publishing and registering of Orders in Council), that is to say—

• sections eighty-four F1 . . .

• section eighty-six, as modified by section twenty-four of the M2 Church Property (Miscellaneous Provisions) Measure 1960 and

• sections eighty-eight and eighty-nine,

shall apply to an Order in Council confirming a scheme under this section as they apply to an Order in Council confirming a scheme under that Act.

Textual Amendments

F1 Words in S. 19(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VI

Marginal Citations

M1 1840 c. 113.

M2 1960 No. 1.