Endowments and Glebe Measure 1976

Provisions with respect to parsonage land U.K.

29 Letting of certain part of parsonage house prohibited. U.K.

Neither the incumbent of a benefice nor any sequestrators thereof shall grant a lease of any excluded part of a parsonage house belonging to the benefice to any person on or after the appointed day; and any lease granted in contravention of this section shall be void.

30 Provisions to have effect where part of parsonage house has been let by incumbent. U.K.

(1) Where any excluded part of a parsonage house belonging to a benefice is the subject of a lease, the incumbent shall within seven days after any sum in respect of rent under the lease is received by him pay that sum to the Diocesan Board of Finance for the diocese to which the benefice belongs (hereafter in this section referred to as “the Board”).

(2) Any sum which an incumbent is required by subsection (1) above to pay to the Board shall be recoverable as a debt due to the Board from the incumbent or his personal representative.

(3) Any sum paid to the Board under subsection (1) above shall be deemed to be income of the Board arising from the diocesan glebe land of the diocese and shall be deemed not to form part of the income of the incumbent by whom the sum was paid.

(4) The Board may require the incumbent to take all necessary steps to enforce any covenant by the lessee contained in the lease and, in particular, the covenant to pay rent.

(5) If the incumbent fails to take or prosecute such steps or requests the Board to do so on his behalf, the Board may take or continue, in the name and on behalf of the incumbent, proceedings for enforcing any such covenant, and shall be deemed for that purpose to be the duly authorised attorney of the incumbent and his successors; and the incumbent shall leave the conduct of the proceedings in the hands of the Board.

(6) The Board shall indemnify the incumbent in respect of any costs reasonably incurred by him in any proceedings to enforce any such covenant and not recovered from the other party.

(7) The Board shall make good to the incumbent or defray on his behalf the cost of fulfilling his obligations under the lease and of meeting any expenses of maintenance, repairs and insurance of the premises subject to the lease which fall to be borne by him.

(8) Any payments made by the Board under subsection (7) above shall be deemed for the purposes of section 25(4) of this Measure to have been made to meet recurring outgoings attributable to the diocesan glebe land of the diocese.

(9) During a vacancy in a benefice the preceding provisions of this section shall have effect with the substitution for references to the incumbent of references to the sequestrators of the benefice.

31 Diocesan Board of Finance may require incumbent, etc. to furnish particulars of certain leases. U.K.

The Diocesan Board of Finance for a diocese may from time to time require the incumbent, or the sequestrators, of a benefice belonging to the diocese to supply the Board with particulars of any part of the parsonage land of the benefice which is the subject of a lease and of the terms of the lease, and any person to whom a requirement under this section is directed shall comply with the requirement.

32 Provisions for transfer of parsonage land to Diocesan Board of Finance. E

[F1 (1) Where the Diocesan Board of Finance of a diocese is of the opinion—

(a) that any parsonage land belonging to a benefice in the diocese or any part of such land and, in particular, a parsonage house or any excluded part of a parsonage house, is not necessary for the convenient occupation of the incumbent or, as the case may be, is not required as the residence house of the benefice, and

(b) that such land should be transferred to the Board under this section,

it shall so notify [F2 the parochial church council and] the incumbent or any sequestrators concerned and, in the case of a benefice in respect of which a team ministry is established, every member of the team who may within one month following such notification, make written representations to the Commissioners with respect to the proposed transfer.

(2) After considering any such representations the Commissioners shall notify the Board [F3 , the parochial church council ] and the incumbent or sequestrators and every member of the team ministry of their decision with respect to the representation and the reasons therefor.

(2A) If no such representations are made within the said period of one month or the Commissioners decide that the proposed transfer should take place notwithstanding any representations, the bishop of the diocese concerned may by order under his seal provide for the transfer to the Board on such date as may be specified in the order of the land in question.]

(3) On the date specified in an order under this section—

(a) the land referred to therein shall without any conveyance or other assurance vest in the Board by virtue of this section subject to and with the benefit of any previously existing tenancies and any covenants, conditions, agreements, easements and rights to which that land is subject and of which it has the benefit immediately before that date, and

(b) if the order so provides, subject to all such rights in the nature of easements as are necessary for the reasonable enjoyment of any other parsonage land belonging to the benefice in question or any church land, being rights which were formerly exercisable by the incumbent of that benefice in right of his benefice;

and where the order contains a provision made in pursuance of paragraph (b) above, such rights as are referred to in that provision shall on and after the date so specified take effect by virtue of this section as legal easements appurtenant to the land referred to in that provision.

(4) An order under this section may also provide that on the date specified in the order there shall without any conveyance or other assurance vest by virtue of this section in the Board to which any parsonage land is transferred by the order all such rights in the nature of easements over any other parsonage land belonging to the benefice in question or any church land as are necessary for the reasonable enjoyment of the land transferred, being rights which were formerly exercisable by the incumbent of that benefice in right of his benefice.

(5) An order under this section may specify any tenancy, covenant, condition, agreement, easement or right subject to, or with the benefit of, which the land to which the order relates vests in the Diocesan Board of Finance by virtue of this section.

(6) Any land which vests in a Diocesan Board of Finance by virtue of this section shall be held by the Board as part of the diocesan glebe land of the diocese.

(7) An order under this section may contain such incidental or supplementary provisions as appear to the [F4 bishop] to be necessary or expedient for giving effect to the purpose of the order.

(8) The [F4 bishop] may by a further order under this section remedy any defects or omissions which in [F4 his] opinion exist in the original, or any previous amending, order made by [F4 him] thereunder.

Textual Amendments

F1 S. 32(1)(2)(2A) substituted (1.1.2001) for s. 32(1)(2) by 2000 Measure No. 1, s. 8, Sch. 5 para. 9(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F2 Words in s. 32(1) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 5(a); 2005 No. 2, Instrument made by Archbishops

F3 Words in s. 32(2) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 5(b); 2005 No. 2, Instrument made by Archbishops

F4 Words in s. 32(7)(8) substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 9(b)(c); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

33 Repair of former parsonage house while vested in incumbent. U.K.

(1) Any dwelling-house which in the opinion of the Commissioners should be retained for use as a parsonage house, together with the buildings, gardens, orchards, paddocks, walls, fences and appurtenances necessary for the convenient occupation of the house, shall, so long as the house is, or if the benefice were full would be, vested in the incumbent of a benefice be deemed to be a parsonage house for the purposes of the M1 Repair of Benefice Buildings Measure 1972.

(2) This section does not apply to a dwelling-house held under a lease which makes the landlord wholly or mainly responsible for the repairs.

Marginal Citations

M1 1972 No. 2.

34 Sale, exchange, etc. of part of parsonage house. U.K.

For the removal of doubt it is hereby declared that section 1 of the M2 Parsonages Measure 1938 (incumbent, etc. to have power in certain circumstances to sell, exchange or pull down residence house of a benefice, etc.) applies to any excluded part of a parsonage house of a benefice so long as that part is, or if the benefice were full would be, vested in the incumbent.

Marginal Citations

M2 1938 No. 3.