Church of England (Miscellaneous Provisions) Measure 2005

Section 1

SCHEDULE 1 Amendment of Parsonages Measure 1938

1 The Parsonages Measure 1938 (1 & 2 Geo.6. No. 3) shall be amended as follows.

2 In section 1—

(a) after subsection (3A) there shall be inserted the following subsection—

“(3AA) The consent of the Church Commissioners shall not be required under subsection (3)(ii) above to the exercise of the power conferred by subsection (1)(ii) where the exercise of the power consists only of pulling down the residence house and outbuildings or any of them or any part thereof.”;

(b) in subsection (6), for the definition of “connected person” there shall be substituted the following definition—

““connected person” means the incumbent, the bishop, any member, officer, agent or employee of the parochial church council of any parish within the benefice in question or of the diocesan board of finance concerned or the spouse or any child, parent, grandparent, brother or sister of any such person;”.

3 In section 2(1)(ii), for the words “under the preceding paragraph or any house acquired by way of exchange under the provisions of this Measure” there shall be substituted the words “or acquired as property of the benefice under any powers conferred by or under this Measure or any other enactment”.

4 In section 7 there shall be added at the end the words “within the period specified in the notice”.

5 In section 9 after subsection (2B) there shall be inserted the following subsection—

“(2C) Where any transaction under this Measure affecting property does not contain a statement under subsection (2A) or (2B) above then in favour of a person who (whether under the transaction or afterwards) in good faith acquires an interest in the property for money or money’s worth the disposition effected by the transaction shall be valid whether or not any consent of the Commissioners or the Board which was required to the transaction has been given.”.

6 In section 11(1) for the words “of this Measure” there shall be substituted the words “conferred by this Measure or any other enactment”.

7 In section 12 for the words “the parish within which that benefice is situate” there shall be substituted the words “any parish within that benefice”.