Church Property (Miscellaneous Provisions) Measure 1960

1960 No. 1 8 and 9 Eliz 2

A Measure passed by the National Assembly of the Church of England. To amend the Parsonages Measure 1938 and the New Parishes Measure 1943 and to make further provision as to church land; to make further provision as to grants and payments by the Church Commissioners; to provide for the distribution of the tithe maintenance fund; to alter the title of the Church Estates Commissioner appointed by the Archbishop of Canterbury, to transfer to the Church Commissioners the property and certain functions of the Church Estates Commissioners and to make provision as to the pensions of the Church Estates Commissioners; to enable certain suffragan bishops to receive augmentation from the Clergy Pensions Institution; to provide for the transfer of rights of patronage within twelve months from the last institution or admission to the benefice; to abolish certain restrictions in respect of assurances of property to diocesan authorities; to dispense with the publication in the London Gazette of Orders in Council confirming schemes of the Church Commissioners; and for purposes connected with the matters aforesaid.

[13th April 1960]

Part I U.K. Amendments of the M1 Parsonages Measure 1938

Marginal Citations

M1 1938 No. 3.

1 Power to exchange a parsonage house. U.K.

After subsection (1) of section one of the Parsonages Measure, 1938 (which confers power to sell parsonage houses), there shall be inserted the following subsection:—

“(1A) Where the incumbent of any benefice, or during a vacancy the bishop, has the power under the foregoing subsection to sell the residence house of the benefice, the incumbent or bishop, as the case may be, shall also have the following powers, that is to say:—

(i) power to exchange that house for any other house suitable for the residence and occupation of the incumbent of the benefice;

(ii) power to pay and recieve money in respect of equality of exchange ; and

(iii) for the purpose of obtaining a loan from the Commissioners for the provision of moneys required to be paid for equality of exchange, the powers of charging the revenues of the benefice exercisable by the incumbent under the Clergy Repair Act, 1776, and the Acts extending or amending that Act or any of them.

For the purposes of this subsection the word “house” includes the out buildings, gardens, orchards and appurtenances or any of them or any part thereof.”

Modifications etc. (not altering text)

C1 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 Acquisition of leasehold property under s. 2 of the Parsonages Measure, 1938. U.K.

(1) In paragraph (i) of subsection (1) of section two of the Parsonages Measure, 1938 (which confers power to erect or purchase parsonage houses) the words “and so that leasehold property shall not be purchased except for the purpose of merging forthwith the term for which the same is held in the freehold reversion expectant on such term” are hereby repealed.

(2) At the end of section twenty of the said Measure (which relates to interpretation) there shall be added the words “ and the expression “purchase”, in relation to any land , includes the acceptance of any leasehold interest in that land ”.

Modifications etc. (not altering text)

C2 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 Power to divide and improve parsonage houses. U.K.

(1) After section two of the Parsonage Measure, 1938, there shall be inserted the following section:—

“2A Power to divide and improve parsonage houses during vacancy in the benefice.

(1) During a vacancy in a benefice the bishop shall have the power, with the consent of the Commissioners, the diocesan dilapidations board and the patron of the benefice, to authorise the sequestrators of the benefice:—

(a) to divide the residence house of the benfice into two or more parts or to reduce the size of the residence house in any other way

(b) to enlarge the residence house,

(c) to carry out improvements to the residence house and the outbuildings thereof, and

(d) to carry out improvements to the drive paths and garden of the residence house,

and for the purpose of carrrying out any work authorised under this section the sequestrators may enter upon the land of the benefice.

(2) Where the bishop during a vacancy in a benefice exercises his power under subsection (1) of this section and the vacancy is filled before the work undertaken in pursuance of that power has been completed, the incumbent succeding to the benefice shall, to the extent of any moneys specially applicable or lent by the Commissioners, complete that work with such modifications, if any, as may be agreed by the bishop, the Commissioners and the diocesan dilapidations board, and in default of his so doing the diocesan dilapidations board may complete the work.”

(2) In section three of the said Measure for the words “either of the foregoing sections” wherever those words occur, there shall be substituted the words “ any of the foregoing sections ”, . . . F1

Textual Amendments

F1 Words repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(2), Sch. 5

Modifications etc. (not altering text)

C3 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C4 The text of s. 3(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 Consequential amendments of the Parsonages Measure 1938 and adaptation of rules made thereunder. U.K.

(1) The amendments specified in the Schedule to this Measure, being amendments consequential on the foregoing provisions of this Measure, shall be made in the Parsonages Measure, 1938.

(2) Any reference in any rules under section fifteen of the M2 Parsonages Measure 1938 to that Measure shall be construed as a reference to that Measure as amended by this Measure; any reference in those rules to a sale, or to an intention to sell, under that Measure, shall be construed as including a reference to an exchange, or to an intention to exchange, under that Measure as so amended; and any reference in those rules to land purchased under that Measure shall be construed as including a reference to land acquired by way of exchange under that Measure as so amended.

Modifications etc. (not altering text)

C5 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M2 1938 No. 3.

Part II U.K. Amendments of the M3 New Parishes Measure 1943

Marginal Citations

M3 1943 No. 1.

5 Acquisition of churches and sites for church halls. U.K.

In subsection (1) of section thirteen of the New Parishes Measure, 1943 (which specifies the land and buuildings which may be acquired by the Commissioners under that section) in paragraph (a) there shall be substituted for the words “any building” the words, “a church or a part of a church or any other building” and after paragraph (b) there shall be inserted the following paragraph :—

“(bb) any building for use as a church hall or for use both as a church or other place of worship and as a church hall or any land for the site of such a building.”

Modifications etc. (not altering text)

C6 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6 Vesting of land acquired under or for the purposes of the New Parishes Measure 1943 and powers to dispose of land no longer required. U.K.

(1) Where any land is vested in the Commissioners at the date of the passing of this Measure for any of the purposes mentioned in paragraphs (a), (b) and (c) of subsection (1) of section thirteen of the M4 New Parishes Measure 1943 the land shall on the consecration of the Church or burial ground vest in the incumbent for the time being of the parish in which the land is situated.

(2) For sections sixteen and seventeen of the New Parishes Measure, 1943, there shall be substituted the following sections—

“16 Vesting of land acquired by the Commissioners.

(1) Where any land or building acquired after the passing of the Church Property (Miscellaneous Provisions) Measure, 1960 under section thirteen or fourteen of this Measure is—

(a) a church or part of a church or a building fit to be used as or to be converted into a church,

(b) land acquired for the site for a new church or for a church to substituted for an existing church, or for enlarging the site of an existing church,

(c) land for providing a new or extending an existing churchyard or burial ground, or

(d) land required for providing access to or improving the amenities of any church, churchyard or burial ground,

the land or bulding shall vest in the incumbent for the time being of the parish in which the land or building is situated:

Provided that, if the area in which any such land or building is situated is subsequently constituted a new parish under this Measure, the land or bulding shall thereupon vest in the incumbent for the time being of that new parish, unless the scheme constituting the parish otherwise provides.

(2) Where any land or bulding acquired under the said sections thirteen or fourteen is—

(a) land or a building for a house of residence for an incumbent or other ecclesiastical person,

(b) land for an extension of such a house of residence,

(c) land required for providing access to or improving the amenties of any such house of residence,

the land or building shall vest in the incumbent for the time being of the parish in which it is situated, or, if the land or building was acquired for the purposes of the house of residence of the minister of a district constituted by a scheme under section one of this Measure, or as an endowment of any such district, in the minister for the time being of that district:

Provided that, if in anticipation of the constitution of a parish or district under this Measure any land or building is acquired for or for the purposes of a house of residence for the incumbent of that parish, or the minister of that district, or as an endowment of any such parish or district, the land or building shall vest in the Commissioners until the parish or district is constituted and shall thereupon vest in the incumbent or minister for the time being of the parish or district as the case may be.

(3) Where any land or building acquired under paragraph (bb) of subsection (1) of section thirteen of this Measure or any part of any such land or building is, with the consent of the diocesan authority, designated in the conveyance thereof as vesting in that authority, it shall vest in that authority accordingly.

(4) The parochial church council of the ecclesiastical district in which any land or building designated under the preceding subsection is for the time being situated shall keep the diocesan authority indemnified in respect of matters referred to in paragraphs (a) to (d) of subsection (4) of section six of the Parochial Church Councils (Powers) Measure 1956.

17 Powers of dealing with land no longer required for purpose for which acquired.

(1) Subject to the provisions of this section, it shall be lawful for the owner of any land or building which before or after the passing of this Measure was acquired by the Commissioners or the Church Building Commissioners, whether for valuable consideration or by way of gift, for any of the purposes mentioned in paragraphs (a), (b), (bb) or (c) of subsection (1) of section thirteen of this Measure:—

(a) to sell that land or building or any part thereof;

(b) to exchange that land or building or any part thereof for any other land or building more suitable for the purpose for which the original land or building was acquired and to recieve or pay money by way of equality of exchange ;

(c) to appropriate or transfer that land or building or any part thereof to or for any ecclesiastical purpose for the benefit of the ecclesiastical district in which the land or building is situated, or for any educational charitable or public purpose relating to that district; and

(d) where that land or building was acquired by way of gift, to reconvey it or any part thereof to the grantor or his successors in title without consideration:

Provided that no such sale, exchange, appropriation, transfer, or reconveyance shall be made without the following consents, that is to say—

(i) in relation to any land or building vested in the Commissioners, the consent of the incumbent, if any, and the bishop ; and

(ii) in relation to any land or building which has been vested in an incumbent, the consent of the Commissioners and the bishop, or, during a vacancy in the benefice, the consent of the Commissioners.

and no person shall give his consent under this subsection unless he is satisfied that the land or building, or the part of the land or building concerned, is no longer required for the purpose for which it was acquired.

(2) Where any such land or building was acquired before the passing of this Measure and has been held for less than twenty years, the owner shall, before offering the land or building for sale under the last foregoing subsection, offer to resell it to the person from whom it was acquired at such price as failing agreement may be determined by arbitration :

Provided that, if the person to whom it is offered refuses the offer or does not accept it within six weeks after it is made, the right of pre-emption shall cease, and a statutory declaration made by any officer of the Commissioners authorised by them for the purpose that the offer has been refused or not accepted within the time aforesaid shall be sufficient evidence of the facts stated therein.

(3) Where any such land or building as aforesaid was acquired by way of gift or for a nominal consideration it shall not be appropriated or transferred under paragraph (c) of subsection (1) of this section without the consent of the grantor or his successor in title:

Provided that no such consent shall be necessary—

(a) where land is appropriated or transferred for the widening of a highway, or

(b) where the Commissioners are satisfied that it is not reasonably practicable to apply for the said consent, and a certificate to that effect sealed by the Commissioners shall be sufficient evidence of that fact.

(4) Where any land or building is sold under this section the proceeds of the sale shall be paid to the Commissioners and shall be applied by them to such purposes, being purposes for the benefit of the benefice of the ecclesiastical district in which the land or building is situate or charitable purposes relating to that district, as may be agreed between the Commissioners and the bishop after consultation with the owner.

(5) Nothing in this section shall authorise the sale or disposal of any consecrated land or affect the jurisdiction of the Consistory Court.

(6) Nothing in this Measure shall restrict or limit the powers of sale or disposal conferred by the Union of Benefices Measures, 1923 to 1952, the Parsonages Measures, 1938 to 1947, or the Ecclesiastical Leasing Acts or any Act or Measure extending or amending those Acts.

(7) In this section the expression “owner”, in relation to any land or bulding, means:—

(i) the Commissioners, if the land or building is vested in them,

(ii) the incumbent, if the land or building is vested in the incumbent for the time being, or

(iii) during a vacancy in the benefice occurring after the land or building has vested in the incumbent, the bishop.”

Modifications etc. (not altering text)

C7 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1943 No. 1.

Part III U.K. Additional Powers Relating to Church Land

7 Powers of dealing with land granted under the Gifts for Churches Act 1803, the Gifts for Churches Act 1811 or the Consecration of Churchyards Act 1867. E

(1) Subject to the provisions of this section, it shall be lawful for the person in whom any land granted under the M5 Gifts for Churches Act 1803, the M6 Gifts for Churches Act 1811 or the M7 Consecration of Churchyards Act 1867 is vested to exercise thereover any of the powers exercisable by virtue of paragraphs (a), (b), (c) or (d) of subsection (1) of section seventeen of the M8 New Parishes Measure 1943 over land acquired by the Commissioners or the Church Building Commissioners:

Provided that the said powers shall not be exercisable without the consent of the bishop, and the bishop shall not give his consent unless he is satisfied that the land, or the part of the land concerned, has not at any time been used, and is not likely to be used, for the purpose for which it was granted.

(2) Where any land has been held by virtue of a grant by way of gift under the said Acts for less than twenty years, the person in whom the land is vested shall, before exercising any of the powers conferred on him by the last foregoing subsection offer to reconvey it to the grantor without consideration:

Provided that if the grantor refuses the offer or does not accept it within six weeks after it is made, or if a statutory declaration is made by the bishop that the grantor cannot be found, the land may be disposed of in accordance with the provisions of this section.

(3) Where any land is sold under this section the proceeds of the sale shall be [F2 paid to the parsonages board or (if designated as such under section 1(1) of the Repair of Benefice Buildings Measure 1972) the diocesan board of finance (hereinafter in this Measure referred to as “the board”) of the diocese concerned and shall be applied by it] to such purposes, being purposes for the benefit of the benefice of the ecclesiastical district in which the land is situate or charitable purposes relating to that district, as may be agreed [F3 between the board]and the bishop after consultation with the person by whom the land was sold.

(4) Land granted under the M9 Consecration of Churchyards Act 1867 may be sold under this section notwithstanding the reservation by the grantor of a right of burial under section nine of that Act.

(5) Nothing in this section shall authorise the sale or disposal of any consecrated land or affect the jurisdiction of the Consistory Court.

[F4 (6) During a vacancy in a benefice any powers under this section which, but for the vacancy, would have been exercisable by the incumbent shall be exercisable by the bishop.]

Textual Amendments

F2 Words in s. 7(3) substituted (1.1.2001) by 2000 Measure No. 1, s. 5, Sch. 3 para. 2; Instrument dated (14.12.2000) made by the Archbishops of Canterbury and York

F3 Words in s. 7(3) substituted (1.1.2001) by 2000 Measure No. 1, s. 5, Sch. 3 para. 2; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F4 S. 7(6) added by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 9

Marginal Citations

M5 1803 c. 108.

M6 1811 c. 115.

M7 1867 c. 133.

M8 1943 No. 1.

M9 1867 c. 133.

8 Provisions as to Covenants. E

(1) Where in pursuance of any Act or Measure land is acquired by the incumbent of a benefice in such a manner that it vests in the incumbent in right of his benefice the incumbent shall have power to enter into a covenant restrictive of the user of, or requiring the doing of any act in relation to, the land acquired or any other land vested in him in right of his benefice; and where in pursuance of any Act or Measure land vested in the incumbent of a benefice in right of his benefice is sold or otherwise disposed of, the incumbent shall have power to enter into a covenant restrictive of the user of, or requiring the doing of any act in relation to, any other land so vested; and any such covenant entered into under this subsection shall, unless the conveyance otherwise provides, be enforceable against the incumbent for the time being of the benefice in whom the land affected by the covenant is vested.

(2) Where in pursuance of any Act or Measure the Commissioners [F5 or a board] acquire land which is to vest in the incumbent of a benefice in right of his benefice, or where an archbishop or a bishop or the guardian of the spiritualities acquires, sells, or otherwise disposes of land on behalf of the incumbent of a benefice during a vacancy in the benefice, the Commissioners, [F6 the board,] the archbishop, the bishop or the guardian of the spiritualities, as the case may be, shall have the same powers of entering into covenants as the incumbent has under the last foregoing subsection, and any covenant entered into under this subsection shall, unless the conveyance otherwise provides, be enforceable against the incumbent for the time being of the benefice in whom the land affected by the covenant is vested.

(3) Where a covenant is entered into by the incumbent under subsection (1) of this section, the incumbent shall not be liable for any breach of the covenant which occurs after he has ceased to be the incumbent of the benefice, and where a covenant is entered into by the Commissioners or by [F5 a board,] an archbishop, a bishop or the guardian of the spiritualities under subsection (2) of this section, the Commissioners, [F6 the board]the archbishop, the bishop or the guardian of the spiritualities shall not be liable for any breach which occurs after the land has vested in the incumbent.

Textual Amendments

F5 Words in s. 8(2)(3) inserted (1.1.2001) by 2000 Measure No. 1, s. 5, Sch. 3 para. 3; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F6 Words in s. 8(2)(3) inserted (1.1.2001) by 2000 Measure No. 1, s. 5, Sch. 3 para. 3; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

9 Power to take or grant easements. E

(1) The incumbent of a benefice, or during a vacancy the bishop, shall have power to take an easement for any estate or interest for the benefit of any land which forms part of the property of the benefice or to grant an easement over any such land:

Provided that the powers conferred by this section shall not be exercised without the consent of F7 . . ., . . . F8 , the F9 . . . board and, where the power is exercised by the incumbent, the bishop.

(2) The grant or taking of an easement under this section may be made either without monetary consideration or in consideration of the payment of a capital sum or of a periodic sum.

(3) Any capital sum payable in respect of the grant of an easement under this section shall be paid to the [F10 board] to be applied for the purposes for which the proceeds of a sale of the land over which the easement is granted would be applicable.

Textual Amendments

F7 Words in s. 9(1) omitted (1.1.2001) by virtue of 2000 Measure No. 1 s. 5 Sch. 3 para. 4; Instument dated 14.12.2000 made by the Archbishops of Canterbury and York

F8 Words repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(2), Sch. 5

F9 Words in s. 9(1) omitted (1.1.2001) by virtue of 2000 Measure No. 1, s. 5, Sch. 3 para. 4; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F10 Words in s. 9(3) substituted (1.1.2001) by 2000 Measure No. 1 s. 5, Sch. 3 para. 4; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

Modifications etc. (not altering text)

C8 S. 9(1) amended by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 34(2)(b)

10 Power to return to grantor gifts of sites for parsonage houses. E

Where any land acquired by way of gift, otherwise than under the M10 New Parishes Measure 1943, for the site of the residence house of a benefice, or any part of that land, has not been used for the purpose for which it was acquired, and the incumbent considers that the land is no longer required for that purpose, the incumbent shall have power to reconvey that land or that part thereof to the grantor or his successors in title without consideration:

Provided that the power conferred by this section shall not be exercised without the consent of the bishop, [F11 and the board]

Textual Amendments

F11 Words in s. 10 substituted (1.1.2001) by Measure No. 1, s. 5, Sch. 3 para. 5; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

Marginal Citations

M10 1943 No. 1.

11 Power to dedicate land for highways. E

(1) The incumbent of a benefice may dedicate for the purpose of a highway, either with or without consideration, any such land belonging to the benefice as is hereinafter mentioned, that is to say:—

(a) any land forming part of the garden, orchard or appurtenances of the residence house of the benefice and any land contiguous thereto, F12 . . .

Provided that no land shall be dedicated under this section without the consent of the bishop, F13 . . . . . . F14 and [F15 the Board appointed or designated under section 1 of the M11 Repair of Benefice Buildings Measure 1972]

(2) Any sum to be paid as consideration under this section shall be paid to the [F16 board] to be applied for the purposes for which the proceeds of a sale of the land would be applicable.

Textual Amendments

F12 Words from “ and (b) to benefice” omitted (1.1.2001) by virtue of Measure No. 1, s. 5, Sch. 3 para. 6(a); Instrument dated 14.12.2001 made by the Archbishops of Canterbury and York

F13 Words in s. 11(1) omitted (1.1.2001) by virtue of Measure No. 1, s. 5, Sch. 3 para. 6(a); Instrument dated 14.12.2000 made by the the Archbishops of Canterbury and York

F14 Words repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(2), Sch. 5

F15 Words substituted by virtue of Repair of Benefice Buildings Measure 1972 (No. 2), s. 29

It is provided that the words "diosesan dilapitations board" are substituted for the word "board" (1.1.2001) by Measure No. 1, s. 5, Sch. 3 para. 6(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F16 Words in s. 11(2) substituted (1.1.2001) by Measure No. 1, s. 5, Sch. 3 para. 6(b); Instrument dated 14.12.2001 made by the Archbishops of Canterbury and York

Modifications etc. (not altering text)

C9 S. 11(1) amended by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 34(2)(c)

Marginal Citations

M11 1972 No. 2.

Part IV U.K. Provisions relating to loans and payments by the Church Commissioners

F17 12 . E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 S. 12 repealed (1.1.2001) by Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 U.K.

Textual Amendments

F18 S. 13 repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 U.K.

Textual Amendments

F19 S. 14 repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8

F20 15 Repeal of s. 11 of the Ecclesiastical Commissioners Act, 1866. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 S. 15 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Modifications etc. (not altering text)

C10 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F21 16 . E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 s. 16 repaeled (1.1.2001) by Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

17 Quarterly and other payments to incumbents, etc. E

Notwithstanding anything in any Act, Measure, Order in Council or scheme, the [F22 Archbishops’ Council] shall have power to pay any net income payable by them to any incumbent or other person in four quarterly instalments of the first days of January, April, July and October in each year, and shall also have power, at the request of the person entitled thereto, to make, at such times before the end of each quarter as they may determine, payments of such part of those instalments as they may determine.

Textual Amendments

F22 Words in s. 17 substituted (1.1.2001) by Measure No 1, s. 5, Sch. 3 para. 7; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

18 Power to increase pensions payable to retired officers of Queen Anne’s Bounty or Ecclesiastical Commissioners. U.K.

For the removal of doubt it is hereby declared that the Commissioners have power to increase the payments in respect of supperannuation benefits payable by them by virtue of subsection (2) of section seventeen of the M12 Church Commissioners Measure 1947 to a person who was employed by Queen Anne’s Bounty or the Ecclesiastical Commissioners or to the spouse or dependants of any such person; and the increased payments shall be payable from such date as the Commissioners may appoint, F23 ....

Textual Amendments

F23 Words in s. 18 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Marginal Citations

M12 1947 No. 2.

Part V U.K. Provisions relating to the Church Estates Commissioners

19 Provisions as to title, property and functions of the Church Estates Commissioners. U.K.

(1) The Church Estates Commissioner appointed by the Archbishop of Canterbury under section one of the M13 Ecclesiastical Commissioners Act 1850 shall be called Third Church Estates Commissioner.

(2) All land vested in the First Church Estates Commissioner and all stocks, funds and securities held by the Church Estates Commissioners are hereby transferred to the Commissioners and shall by virtue of this section and without any conveyance, assignment, transfer or other assurance vest in the Commissioners:

Provided that the vesting of property by virtue of this subsection shall not affect any previously existing trust or mortgage or other charge affecting the property, or any previously existing lease or tenancy thereof.

(3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(5) Where any stock is standing in the books of a company in the names of the persons who are for the time being Church Estates Commissioners, a request by the secretary of the Commissioners and production of a copy of this Measure printed by or for the Queen’s Printer of Acts of Parliament shall be sufficient authority to the company to transfer the stock into the name of, and to pay dividends on the stock to, the Commissioners.

In this subsection the expression—

• “company” includes the Bank of England and any company or person keeping books in which any stock is registered or inscribed, and

• “stock” includes any share, annuity or other security.

Textual Amendments

F24 S. 19(3)(4) repealed by Statute Law Revision Act 1964 (c. 79)

Marginal Citations

M13 1850 c. 94.

20 Provisions as to pensions of Church Estates Commissioners U.K.

[F25 (1) The Commissioners shall have power to grant to any First Church Estates Commissioner or Third Church Estates Commissioner who retires from service as such a Commissioner, having served a period of pensionable service, superannuation benefits of such a kind and of such amounts as the Commissioners may determine, being benefits which are no more favourable to the beneficiary than the benefits which would have been payable if the Commissioner had been a member of the Church Administrators Pension Fund who had served an equivalent period of pensionable service.]

F26 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27 (2A) Where a First Church Estates Commissioner or a Third Church Estates Commissioner dies before or after retirement from service as such a Commissioner, having served a period of pensionable service, and leaves a widow or widower, the Commissioners shall have power to grant to the surviving spouse, subject to such conditions as they may determine, superannuation benefits of such a kind and of such amounts as the Commissioners may determine, being benefits which are no more favourable to the beneficiary than the benefits which would have been payable if the Commissioner had been a member of the Church Administrators Pension Fund who had served an equivalent period of pensionable service.]

(3) In this section the expression “ pensionable service” [F28 , in relation to a Church Estates Commissioner,] means service as First Church Estates Commissioner or as Third Church Estates Commissioner, and where any person has performed a period of service as First Church Estates Commissioner and a period of service as Third Church Estates Commissioner the two periods shall be aggregated for the purpose of determining the length of his pensionable service for the purposes of this section.

F29 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30 (4) In determining the amount of any superannuation benefits to be granted to a person under this section the Commissioners shall have regard to any superannuation benefits to which that person may be entitled in respect of any other service performed by the First or Third Church Estates Commissioner before the Commissioner's pensionable service began.]

Textual Amendments

F25 S. 20(1) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(2) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F26 S. 20(2) repealed (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(3) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F27 S. 20(2A) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(4) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F28 Words in s. 20(3) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(5) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

F29 S. 20(4) repealed (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , s. 11(2) , Sch. 5 ; 2005 No. 2 , Instrument made by Archbishops

F30 S. 20(4) added (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) , ss. 5(6) , 11(2) (with s. 5(7) ); 2005 No. 2 , Instrument made by Archbishops

Modifications etc. (not altering text)

C11 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part VI U.K. Miscellaneous and General Provisions

F31 21 . E

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Textual Amendments

F31 S. 21 repealed (1.1.2001) by Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F32 22 Repeal of s. 1(1) (c) of the Benefices Act, 1898. U.K.

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Textual Amendments

F32 S. 22 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Modifications etc. (not altering text)

C12 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 U.K.

Textual Amendments

F33 S. 23 repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II

24 Publication of notice of Order in Council confirming scheme of Church Commsssioners to be sufficient. U.K.

(1) Where the provisions of any Act or Measure require any Order in Council affirming, confirming or ratifying a scheme prepared, caused to be prepared or passed by the Commissioners to be published in theLondon Gazette,F34 ... those provisions shall be deemed to have been complied with if notice that the Order in Council has been made is published in theLondon Gazette,and any such notice shall state where a copy of the Order in Council may be obtained.

(2) For the purposes of the said provisions the publication in theLondon Gazetteof such a notice as aforesaid shall, notwithstanding anything in any Act of Measure, have the same effect as publication therein of the Order in Council.

Textual Amendments

F34 Words in s. 24(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

25 Form of consents. U.K.

(1) Any consent of a bishop required by virtue of this Measure shall be signified by writing under his hand.

(2) An instrument in writing signed by the secretary of [F35 the Board appointed or designated under section 1 of the M14 Repair of Benefice Buildings Measure 1972] stating that any consent of the board required under this Measure has been given shall be sufficient evidence that that consent has been given.

Textual Amendments

F35 Words substituted by virtue of Repair of Benefice Buildings Measure 1972 (No. 2), s. 29

It is provided that the words "diocesan dilapidations board" is substituted by the word "board" (1.1.2001) by Measure No. 1, s. 5, Sch. 3 para. 8; Instrument dated 14.12.2000 made by Archbishops of Canterbury and York

Marginal Citations

M14 1972 No. 2.

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 U.K.

Textual Amendments

F36 S. 26 repealed by Church of England (Miscellaneous Provisions) Measure 1976 (No. 3), Sch Pt. II

27 Provision as to deeds made under s. 9, 10 or 11. E

The sealing by the [F37 board] of any deed made under section nine, section ten or section eleven of this Measure shall be conclusive evidence that the requirements of the section under which the deed is made with respect to the transaction carried out thereby have been complied with.

Textual Amendments

F37 Words in s. 27 substituted (1.1.2001) by Measure No. 1, s. 5, Sch. 3, para. 9; Instrument dated 14.12.2001 made by the Archbishops of Canterbury and York

28 Interpretation. U.K.

(1) In this Measure, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “bishop”, when used with reference to a benefice, means the bishop of the diocese in which the benefice is situated;

• “Commissioners” means the Church Commissioners and includes, where the context so requires, Queen Anne’s Bounty and the Ecclesiastical Commissioners;

• “consistory court” includes the commissary court of the diocese of Canterbury;

• “diocesan authority” means the diocesan board of finance or any existing or future body appointed by the diocesan conference to act as trustees of diocesan trust property;

• “functions” includes powers and duties;

• “property” includes any interest in real or personal property; and

• “suffragan bishop” means the bishop of any suffragan bishopric in England.

(2) References in this Measure to any Act or other Measure shall be construed as references to that Act or Measure as amended or extended by any subsequent Act or Measure including this Measure.

29 Extent. U.K.

This Measure shall extend to the whole of the provinces of Canterbury and York, except the Channel Islands and the Isle of Man, but may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957 or either of them, in accordance with those Measures.

30 Short title. U.K.

This Measure may be cited as the Church Property (Miscellaneous Provisions) Measure 1960.

Section 4.

SCHEDULE U.K. Amendments of the Parsonages Measure, 1938, Consequential on Part I of this Measure.

Modifications etc. (not altering text)

C13 The text of ss. 1, 2(1)(2), 3(1)(2), 4(1), 5, 6(2), 12(2), 15, 20(4), 22 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

In section one, in subsection (2) after the word “sale” there shall be inserted the words “ or exchange ”; in paragraph (i) of that subsection the words “to a purchaser” shall be omitted ; and in paragraph (ii) thereof the words “upon the purchaser and any property disposed of to him” shall be omitted ; in subsection (4) after the words “conferred by” there shall be inserted the words “ subsection (1) of ” ; and in subsection (5) after the word “sale” there shall be inserted the words “ or exchange ”.

In section two, in paragraph (ii) of subsection (1) after the word “paragraph” there shall be inserted the words “ or any house acquired by way of exchange under the provisions of this Measure ” ; and in subsection (3) for the word “aforesaid” there shall be substituted the words “ of this Measure. ”

In section five, in subsection (1) after the word “sale”, wherever that word occurs, there shall be inserted the words “ or exchange ” ; in paragraph (ii) of that subsection after the word “two” there shall be inserted the words “ and in subsection (1) of section two A ”, and in paragraph (iii) of that subsection after the word “sold” there shall be inserted the words “ or exchanged ”, and after the word “saleable” there shall be inserted the words “ or exchangeable ”; in subsection (2) after the word “sale” there shall be inserted the words “ or exchange ”, and after the words “any loan has been made for the purpose of the power contained in” there shall be inserted the words “ paragraph (iii) of subsection (1A) of section one of this Measure or ” ; and in subsection (3) after the word “sale” there shall be inserted the word “ or exchange ”.

In section six, after the word “sale” there shall be inserted the words “ or exchange ”.

In section nine, in subsection (1) for the words “or purchased” there shall be substituted the words “ purchased or exchanged ” ; in subsection (3) after the word “purchased” there shall be inserted the words “ or acquired by way of exchange ” ; and in subsection (4) after the word “sold” there shall be inserted the words “ or exchanged ”, and at the end of that subsection there shall be added the words “ or to any money paid to the Church Commissioners by way of equality of exchange and to the house acquired by way of exchange ”.

In section eleven, in subsection (1) after the word “purchased”, in both places where that word occurs, there shall be inserted the words “ acquired by way of exchange ”.