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Endowments and Glebe Measure 1976

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Changes over time for: Section 30

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Version Superseded: 01/03/2019

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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.

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