Textual Amendments
F1Sch. 3 substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 1 (with Sch. 3); S.I. 2019/1460, art. 2
Modifications etc. (not altering text)
C1Sch. 3 modified by Cathedrals Measure 1963 (No. 2), s. 12(3) (as substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 10;Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
Sch. 3 modified (30.6.1999) by 1999 No. 1, ss. 12(4), 38(2)(3) (with ss. 33, 37, 38(5)(6))
C2Sch. 3 applied by 2001 No. 1, s. 5(7) (as substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 15; S.I. 2014/1369, art. 2)
M38(1)A joint council established by a scheme under Rule M37 is a body corporate; and section 3 of the Parochial Church Councils (Powers) Measure 1956 applies to the joint council as if it were a PCC.E
(2)A scheme under Rule M37 for the establishment of a joint council must include provision for the transfer from the PCC of each parish to which the scheme applies to the joint council of—
(a)all property, rights, liabilities and functions, or
(b)only such property, rights, liabilities and functions as are specified in the scheme.
(3)A scheme under Rule M37 may (in reliance on Rule 77) vary a scheme for the establishment of a joint council by providing for the transfer of specified property, rights, liabilities or functions from the joint council to the PCC of a specified parish to which that scheme applies.
(4)A scheme under Rule M37 may (in reliance on Rule 77) vary a scheme for the establishment of a joint council by providing for that scheme to cease to apply to a specified parish; and the scheme making the variation must include provision for the transfer from the joint council to the PCC for that parish of the property, rights, liabilities and functions concerned.
(5)A scheme under Rule M37 may (in reliance on Rule 77) revoke a scheme for the establishment of a joint council; and the scheme making the revocation must include provision for the transfer from the joint council to the PCC for each parish of the property, rights, liabilities and functions concerned.
(6)A scheme under Rule M37 may make different provision for different purposes and may, in particular, provide for—
(a)transfers of different property, rights, liabilities or functions to take place on different days;
(b)transfers of property, rights, liabilities or functions to take place on different days for different parishes.
(7)Any gift which is expressed as a gift to the PCC of a parish to which a scheme under Rule M37 applies, and which takes effect on or after the relevant transfer date, takes effect as a gift to the joint council, unless all the purposes for which the gift was made relate to functions which continue to be exercisable by the PCC.
(8)In paragraph (7), the “relevant transfer date” means—
(a)where all the PCC's functions are transferred to the joint council on the same date, that date, or
(b)in any other case, the date or the first date on which one or more of the PCC's functions are transferred to the joint council.
(9)Where a scheme under Rule M37 provides for the transfer of land, the land is, by virtue of the scheme itself and without any further deed or other document, to vest subject to and with the benefit of any tenancies, covenants, conditions, agreements, easements or rights to which the land was subject, and of which it had the benefit, immediately before the transfer took effect.
(10)Where any question arises as to the allocation of property, rights, liabilities or functions to a PCC on a transfer made by virtue of paragraph (3), (4) or (5), the question is to be resolved by the diocesan board of finance for the diocese in which that PCC's parish is situated.
(11)A scheme under Rule M37 does not affect the status of any parish to which the scheme applies or any right which a person has by virtue of being a parishioner or having his or her name on the roll of the parish.]