Part 6

Buildings closed for regular public worship

Pastoral (church buildings disposal) schemes

Schemes under the Charities Act 1993 for redundant chapels belonging to charities
67
1
The power of the court (as defined by the Charities Act 2011) to make schemes under its jurisdiction with respect to charities, and the power of the Charity Commission to make schemes under that Act, shall extend to the making of schemes with respect to consecrated chapels belonging to charities which are no longer needed for the purposes of the charity, and section 10(2)(c) of that Act shall not be taken as preventing the making of any such scheme.
2
Where a scheme is made under this section, the bishop may, if he thinks it proper to do so, by order under his seal direct that sections 74(1) and 78 of this Measure, if applicable, shall apply to the chapel as they apply to the buildings mentioned in those sections, and those sections shall thereupon apply accordingly, and the scheme, so far as it relates to the chapel, shall not have effect unless and until such an order is made, or the bishop directs that the scheme may have effect without such an order.
3
A scheme made under this section may provide—
a
for the demolition of the chapel and the disposal of the materials arising from the demolition;
b
for the sale or other disposal of the chapel or site thereof and the application of the proceeds;
c
for the appropriation of the chapel to such uses as may be specified or generally described in the scheme;
d
for matters supplementary or incidental to any of those matters.
4
For the purposes of this section a consecrated chapel held on charitable trusts for the purpose of religious worship by the beneficiaries and staff of a charity and not by the general public shall be deemed to belong to that charity, notwithstanding that the trusts on which the chapel is held are separate from those of the charity, but otherwise this section shall not apply to a chapel held on separate trusts relating to the use of the chapel for religious worship.
5
Section 66 shall not apply to any consecrated chapel belonging to a charity.
S. 67 in force at 1.7.2012 by S.I. 2012/1, art. 2
S. 67(1) substituted (14.3.2012) by
Charities Act 2011 (c. 25)
,
s. 355
,
Sch. 7 para. 146
(with
s. 20(2)
,
Sch. 8
)