Search Legislation

Ecclesiastical Dilapidations Measure 1923

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

There are currently no known outstanding effects for the Ecclesiastical Dilapidations Measure 1923. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Legislation Crest

Ecclesiastical Dilapidations Measure 1923

1923 No. 3 14 and 15 Geo 5

A Measure passed by the National Assembly of the Church of England. To amend the Law with regard to Ecclesiastical Dilapidations, and for other purposes.

[14th July 1924]

Modifications etc. (not altering text)

C1Measure, except s. 52 and any interpretations and other supplementary provisions applicable thereto, repealed by Repair of Benefice Buildings Measure 1972 (No. 2), sch. Sch. 2

PreliminaryU.K.

[F11 Short title.U.K.

This Measure may be cited as the Ecclesiastical Dilapidations Measure 1923.]

Textual Amendments

F1S. 1 repealed by Repair of Benefice Buildings Measure 1972 (No. 2), Sch. 2. Text retained to assist in interpreting this measure

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

3 Definitions.U.K.

In This Measure—

  • The term “Central Authority” shall mean [F3the Church Commissioners];

  • . . . F4

  • The term “Diocesan Authority” shall mean the Diocesan Board of Finance, or any body whether now existing or to be set up hereafter, appointed by the Diocesan Conference under the provisions of the M1Parochial Church Councils (Powers) Measure 1921 to act as Trustees of diocesan trust property;

  • . . . F4

Textual Amendments

F3Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18 (2)

Marginal Citations

4 Interpretation.U.K.

(1)The M2Interpretation Act 1889 shall apply to the interpretation of this Measure in like manner as it applies to the interpretation of an Act of Parliament, and as if this Measure were an Act of Parliament.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

6 Notices, &c.U.K.

(1)Whenever this Measure requires any notice, letter report or other document to be sent, delivered, or otherwise notified or given to or left with any person, the requirement of the Measure shall be deemed to have been complied with by service by post addressed to that person at his last known place of address.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

7 Exercise of powers of Bishop, Board, and Central Authority.U.K.

(1)–(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(4)The Diocesan Dilapidations Board may delegate to a Committee of its number the exercise of any of the powers or duties assigned to it by this Measure.

(5)The Central Authority may delegate to a Committee of their number or to their Secretary and Treasurer any of the powers or duties assigned to them by this Measure.

8—48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9U.K.

MiscellaneousU.K.

49—51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10U.K.

52 Chancels. U.K.

(1)As from the passing of this Measure there shall be no obligation on any incumbent to repair or insure the chancel of the church of the parish of which he is incumbent, if he be an incumbent who by reason only of his incumbency is rector of such parish or otherwise solely liable for such repair or insurance, and such chancel shall in all respects be repairable and insurable in the same manner as the remainder of such church.

(2)Any person other than such an incumbent as aforesaid who is liable as rector or otherwise for the repair of the chancel of a church may after consultation with the Parochial Church Council (if any) of the parish concerned and with the approval of the Board compound such liability by payment to the Diocesan Authority of such a sum as having regard to the condition of the chancel the Diocesan Authority may estimate as reasonably sufficient to provide for the cost of future repairs for which such person would otherwise have been liable [F11and also to provide a capital sum the income of which will be sufficient to insure the chancel for a sum adequate to reinstate the same in the event of its being destroyed by fire.]

(3)Provided that if the Parochial Church Council or the Board shall so require, the question of the sum to be paid in respect of such liability or any other relevant question shall be referred by the Diocesan Authority to the Central Authority, who shall thereupon decide such question and make such order relating thereto as in their discretion may be necessary.

(4)Upon payment of the sum so determined and of all the expenses incurred by the Diocesan and Central Authority in making the estimate and otherwise in respect to the compounding, the Diocesan Authority shall give to the person compounding a receipt acknowledging such payment, and as from the giving of such receipt all liability of of such person or of his estate shall cease, and the chancel shall thenceforward be repairable in the same manner as the remainder of the church.

(5)Any sum paid in compounding a liability for repairs under this section shall be invested and held on behalf of the Parochial Church Council of the parish concerned by the Diocesan Authority [F12in any investments in which trustees may invest under the general power of investment in section 3 of the Trustee Act 2000, and the annual profits from the investments shall be applied] by the Diocesan Authority after consultation with the Parochial Church Council—

(i)in keeping the chancel, in respect to which the liabilities have been compounded, insured against loss or damage by fire, in such an amount as the Diocesan Authority shall decide to be sufficient; or

(ii)in the payment of any charges lawfully incurred in the maintenance and repair of the Church, of which the chancel aforesaid forms part, or of the churchyard belonging to such church; or

(iii)in accumulating [F13any residue of the profits from the investments not applied in any year.] so as to form a fund for the extraordinary repair, improvement or enlargement of the church or churchyard aforesaid:

Provided that the Diocesan Authority may at its discretion at any time apply such accumulations or any part thereof as if the same were income.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F12Words in s. 52(5) substituted (1.2.2001) by 2000 c. 29, s. 40(1), Sch. 2 Pt. III para. 50(a) (with s. 35); S.I. 2001/49, art. 2

Modifications etc. (not altering text)

C2 “Board” means the Board appointed or designated under Repair of Benefice Buildings Measure 1972 (No. 2), s. 1

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

F16F16FIRST—THIRD SCHEDULESU.K.

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.