Endowments and Glebe Measure 1976

8 Payments by Commissioners towards stipends, etc. of curates and lay assistants. U.K.

(1) Subject to subsection (2) below, as from the appointed day the Commissioners shall allocate to the income account of the diocesan stipends fund of each diocese an annual sum equal in amount to the aggregate of the following amounts, that is to say:—

(a) the amount of any annuities or other annual payments which immediately before that day are applicable by the Commissioners towards the stipends or other emoluments of assistant curates or clerical or lay assistants engaged in the cure of souls in particular parishes in that diocese and with the payment of which the general fund of the Commissioners stands charged immediately before that day;

(b) the amount of the income which immediately before that day is so applicable and which arises from property held by the Commissioners in pursuance of any enactment; and

(c) the amount of the income arising from any property which immediately before that day is held by the Commissioners on trusts by virtue of which that income is so applicable unless those trusts provide that at the discretion of the trustees the property or the income arising therefrom may be applied for another purpose or provide that on the occurrence of a specified event or the failure to comply with a specified condition the property or the said income shall be applied for another purpose or provide for a gift over of the property to persons, other than the Commissioners, on such an occurrence or failure.

(2) Subsection (1) above shall not apply in relation to property held by the Commissioners under or by virtue of any Act listed in Part I of Schedule 2 to this Measure.

(3) As from the appointed day the income account of each diocesan stipends fund shall stand charged with the payment towards the stipend or other emoluments of any assistant curate or clerical or lay assistant while engaged in the cure of souls in any parish in the diocese of an annual sum of the same amount as that which but for the provisions of sections 10 and 11 of this Measure would be applicable by the Commissioners for augmenting the stipends or other emoluments of assistant curates or clerical or lay assistants in that parish.

(4) Any question as to the amount of any sum to be allocated to a diocesan stipends fund under subsection (1) above, or as to the amount of any sum with the payment of which any such fund stands charged by virtue of subsection (3) above, shall be conclusively determined by the Commissioners.