Church of England (Miscellaneous Provisions) Measure 2005

Section 7

SCHEDULE 3 Amendment of Endowments and Glebe Measure 1976

1 The Endowments and Glebe Measure 1976 (1976 No. 4) shall be amended as follows.

2 In section 20—

(a) after section (1) there shall be inserted the following subsection—

“(1A) The consent of the Commissioners shall not be required for any disposition of land other than any such disposition as is specified in Schedule 3 to this Measure.”;

(b) after subsection (2C) there shall be inserted the following subsection—

“(2D) Where the tenant of any diocesan glebe land is entitled, under any enactment, to acquire from or be granted by the Diocesan Board of Finance any interest in the land or to have any existing interest renewed or extended by them the consent of the Commissioners shall not be required to any disposition which gives effect to the tenant’s entitlement and subsections (2A), (2B) and (2C) above shall not apply in relation to that disposition.”;

(c) in subsection (5) for the words from the beginning to “subsection (1) above” there shall be substituted the words “Before a Diocesan Board of Finance seeks the consent of the Commissioners under subsection (1) above to a transaction specified in Schedule 3 except any transaction to which subsection (2D) above applies” and immediately before the words “a notice” there shall be inserted the words “and on the parochial church council of that parish”;

(d) the subsection (6A) inserted by paragraph 5(e) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1) shall be re-numbered as subsection (6B);

(e) in subsection (8) the words “the terms of” shall be omitted;

(f) in subsection (9) the words “the terms of” shall be omitted and for the words “those terms” there shall be substituted the words “that transaction”;

(g) in subsection (10) the words “the terms of” shall be omitted; and

(h) after subsection (11) there shall be inserted the following subsection—

“(11A) Where any such document as is mentioned in subsection (11) above does not contain such a statement as is there mentioned then in favour of a person who (whether under the transaction or afterwards) in good faith acquires an interest in the diocesan glebe land in question for money or money’s worth the disposition effected by the transaction shall be valid whether or not the consent of the Commissioners was required to the transaction.”.

3 In section 24 for the words “holding the office of vicar in a team ministry or assistant curate or a deaconess or lay worker” there shall be substituted the words “declared by the bishop to be engaged in the cure of souls within the diocese” and for the headnote to that section there shall be substituted the following headnote “Rent free homes on diocesan glebe land for those declared to be engaged in the cure of souls”.

4 Section 26(3) shall cease to have effect.

5 In section 32—

(a) in subsection (1) after the words “shall so notify” there shall be inserted the words “the parochial church council and”; and

(b) in subsection (2) after the words “the Board” there shall be inserted the words “, the parochial church council”.

6 Section 42 shall have effect as if it had not been repealed by section 8 of and paragraph 12 of Schedule 5 and section 20 of and Part II of Schedule 8 to the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1).

7 In section 45(1), in the definition of “pastoral scheme” the words “and confirmed by Order in Council” shall be omitted.

8 Schedule 3 shall have effect as if it had not been repealed by section 20 of and Part II of Schedule 8 to the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1).