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Parsonages Measure 1938 (repealed)

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U.K.

Parsonages Measure 1938

1938 No. 3 1 and 2 Geo 6

A Measure passed by the National Assembly of the Church of England. To consolidate and amend the law relating to the sale, purchase and improvement of parsonage houses and of other property belonging to benefices.

[23rd June 1938]

Modifications etc. (not altering text)

C1Measure extended with modifications by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 33(4)

1 Powers of selling parsonage houses, etc. U.K.

(1)Where the residence house, outbuildings, gardens, orchard and appurtenances belonging to any benefice shall be inconveniently situate or too large, or where for other good and sufficient reasons it shall be thought advisable to sell and dispose of the same or of any part thereof, the incumbent of such benefice, or during a vacancy the bishop, shall, subject to the provisions of this Measure, have the following powers, that is to say:—

(i)power to sell such residence house, outbuildings, gardens, orchard, and appurtenances, or any of them, or any part thereof, with any land contiguous thereto belonging to the benefice either together or in parcels; or

(ii)power to pull down such residence house and outbuildings, or any of them or any part thereof and sell the materials and the site thereof, or either such materials or site or any part thereof.

[F1(1A)Where the incumbent of any benefice, or during a vacancy the bishop, has 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 receive money in respect of equality of exchange; . . . F2

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

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

(2)Upon a sale [F3or exchange] under the powers of this Measure—

(i)any hereditament, easement, right or privilege of any kind may be excepted, reserved or granted over or in relation to any land retained for the benefice affected, or disposed of . . . F4, or in relation to any part thereof; and

(ii)any restriction with respect to building on or other user of land or with respect to any other thing may be imposed and made binding, so far as the law permits, by covenant, condition, or otherwise . . . F4

(3)No power conferred by this section shall be exercisable—

(i)so that an area of more than twelve acres (including the site of any residence house, or other buildings) shall be sold or disposed of hereunder in any one benefice:

(ii)without the consent of [F5the Church Commissioners], the Diocesan Dilapidations Board, and (in cases where the power is exercised by the incumbent) the bishop respectively;

(iii)without the consent of the [F6Crown Estate Commissioners] in cases where the property proposed to be disposed of is held under any grant made by or on behalf of His Majesty in right of his Crown; or

(iv)Power or in respect of any property vested in trustees.

(4)The powers conferred by [F3subsection (1) of] this section shall continue to be exercisable in respect of a house which has ceased to be the residence house of a benefice by reason of the constitution of a new residence house of that benefice under this Measure. [F7and in respect of any property belonging to a benefice, being property which consists of an outbuilding, garden or orchard of a house which has been sold or otherwise disposed of under this Measure, and any land contiguous to, or appurtenances enjoyed with, such a house or any part of such property.]

(5)All moneys arising from any sale [F3or exchange] under the provisions of this section shall be paid to [F5the Church Commissioners], and the receipt of the treasurer of Queen Anne’s Bounty shall be a sufficient discharge to the purchaser.

2 Powers of erecting or purchasing new parsonage houses, etc.U.K.

(1)In the case of any benefice where such action is thought desirable, and whether or not the existing residence house belonging thereto shall have been sold or disposed of, the incumbent of the benefice, or during a vacancy the bishop, shall, subject to the provisions of this Measure, have the following powers, that is to say:—

(i)power to erect or purchase a house or purchase land for the site of a house or an orchard, garden and appurtenances or other land, such house, orchard, garden and appurtenances or any such land, being respectively suitable for the residence and occupation of the incumbent of the benefice, but so that the total area of any land purchased including the site of any house or other buildings shall not exceed six acres, . . . F8;

(ii)power to improve any house erected or purchased under the preceding paragraph [F9or any house acquired by way of exchange under the provisions of this Measure] or any house forming part of the property of the benefice which it is proposed to constitute the residence house of the benefice;

(iii)in cases where the foregoing powers or any of them are exercised by the bishop, power for the bishop to enter upon the land of the benefice for the purpose or exercising such powers;

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(2)No power conferred by subsection (1) of this section shall be exercisable without the consent of [F11the Church Commissioners], the Diocesan Dilapidations Board, and (in cases where the power is exercised by the incumbent) the bishop respectively.

(3)[F11The Church Commissioners] shall have power exercisable in their discretion to lend moneys to the incumbent or bishop (as the case may be) for any of the purposes [F12of this Measure].

(4)If the bishop shall during a vacancy in any benefice have exercised the powers of erecting or improving a house conferred by this section and the vacancy shall have been filled before the completion of the work of erection or improvement, the incumbent succeeding to the benefice shall to the extent of any moneys specially applicable or lent by [F11the Church Commissioners] complete such work in accordance with the plans and specifications authorised by the bishop with such modifications (if any) as may be agreed to by the bishop, [F11the Church Commissioners] and the Diocesan Dilapidations Board, and in default of his so doing it shall be lawful for the Diocesan Dilapidations Board so to complete such work.

[F132A Power to divide and improve parsonage houses during vacancy in benefice. U.K.

(1)During a vacancy in a benefice the bishop shall have power, with the consent of the Commissioners, [F14and the Diocesan Dilapidations Board], to authorise the sequestrators of the benefice:—

(a)to divide the residence house of the benefice 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 carrying 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 succeeding 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.]

3 Provisions as to exercise of foregoing powers.U.K.

(1)An incumbent or bishop proposing to exercise any of the powers conferred on him by [F15any of the foregoing sections] of this Measure shall give the prescribed notice to [F16the registered patron]of the benefice affected and to the parochial church council of the parish within which that benefice is situate, and [F17the Church Commissioners] shall, before consenting to the exercise of such power, consider any objection raised within the prescribed time by such patron or council, and, if satisfied that such objection ought not to prevent the exercise of such power, shall inform the patron or council, as the case may require, of the reasons upon which such conclusion is founded.

. . . F18

(2)Where it shall appear desirable to a Diocesan Dilapidations Board that any of the powers conferred by [F15any of the foregoing sections] of this Measure should be exercised in any benefice, the Board shall make a report to the bishop, and if the bishop and the incumbent of the benefice, or during a vacancy the bishop acting alone, shall request the Board so to do, the Board may frame proposals for the exercise of such power in accordance with the provisions of this Measure, and such proposals shall be communicated by the Board to the bishop and (except during a vacancy) to the incumbent.

(3)[F17The Church Commissioners] may make such recommendations as may be deemed fit as to the costs, charges and expenses which may be incurred in connection with the exercise of any power conferred by [F15any of the foregoing sections] of this Measure, and any recommendations so made shall, if the Diocesan Dilapidations Board concur in them, be binding on the person exercising such power.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19U.K.

5 Application of moneys derived from sales. U.K.

(1)Subject to the provisions of this section, [F20the Church Commissioners] shall in their discretion apply and dispose of any moneys arising from any sale [F21or exchange] under this Measure of any part of the property of a benefice for one or more of the following purposes (that is to say):—

(i)in payment of the costs, charges and expenses of such sale [F21or exchange];

(ii)for or towards any one or more of the purposes of the powers contained in paragraphs (i) and (ii) of subsection (1) of section two [F21and in subsection (1) of section two A] of this Measure;

(iii)in repayment of any money expended with the previous consent of [F20the Church Commissioners] and the Diocesan Dilapidations Board for the purpose of rendering the property sold [F21or exchanged] more readily saleable [F21or exchangeable];

(iv)if and in so far as the income derived from any moneys arising from any sale [F21or exchange] under this Measure pending the application and disposition of such moneys under the foregoing paragraphs of this subsection shall be insufficient for this purpose, in payment to the incumbent of the benefice affected of the whole or any part of the expenses reasonably incurred by him in respect of his removal from one residence house to another, the storage of his furniture, and the rent paid by him for any temporary residence pending his occupation of the new residence house of the benefice: provided that no payment shall be made under the provisions of this paragraph unless the consent of the bishop and the Diocesan Dilapidations Board shall have first been obtained; and

[F22(iv)(a)In repaying to an incumbent or incumbents such amounts as he or they may have paid to [F20the Church Commissioners] in reduction of a loan made by them for or towards the erection or purchase of a residence house;]

[F22(iv)(b)In repaying to [F20the Church Commissioners] the whole or any part of any grant made by them for or towards the erection or purchase of a residence house.]

(v)in any case where such moneys shall not have been wholly expended for one or more of the above-mentioned purposes, in erecting, rebuilding, improving or enlarging any house, cottage or farm buildings required for or belonging to the benefice.

(2)Provided that in any case where such moneys shall have arisen from the sale [F21or exchange] of property purchased originally or built or improved either wholly or in part by means of a loan . . . F23, . . . F24, or which is subject to any mortgage or charge in favour of [F20the Church Commissioners], arising under any . . . F23Act or Measure, . . . F23 and any principal money [F25or interest] shall remain owing on account of such loan or under such mortgage or charge, [F20the Church Commissioners] may apply such moneys in or towards the discharge of such principal money [F25or interest].

[F26(3)Any moneys arising from any sale or exchange of any part of the property of a benefice under this Measure, in so far as they shall not be applied and disposed of under the foregoing provisions of this section or under section 36(2) of the Endowments and Glebe Measure 1976 shall be allocated by the Church Commissioners to the capital account of the diocesan stipends fund of the diocese to which the benefice belongs or to the pastoral account of that diocese, or partly to one and partly to the other as the diocesan board of finance may determine.]

Textual Amendments

F26S.5(3): by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 91 it is provided that notwithstanding the repeal by that Measure of the Pastoral (Amendment) Measure 1982, section 5(3) shall continue to have effect as amended by section 70 of the said Measure of 1982 and that accordingly s. 5(3) should have effect as set out in the said s. 91

Modifications etc. (not altering text)

6 Interim Income.U.K.

In any case where any income shall be derived from any moneys arising from any sale [F27or exchange] under this Measure pending the application and disposition of such moneys under the foregoing provisions of this Measure, such income shall be added to the capital by way of accumulation unless [F28the Church Commissioners] shall think fit to pay the whole or any part thereof to the incumbent of the benefice concerned or otherwise apply the same as income of the benefice on account of which the same shall have been received.

7 Notice of application of moneys.U.K.

[F29The Church Commissioners] shall give the prescribed notice to the [F30registered]patron of the benefice affected and to the parochial church council of the parish within which that benefice is situate of any proposed application and disposition of moneys under paragraph (ii) of subsection one of section five of this Measure, and shall consider any representations made by such [F30registered]patron or council with regard to such application and disposition.

8 Consent and approval.U.K.

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

(2)Any consent or approval of a Diocesan Dilapidations Board under this Measure may be given by an instrument in writing signed by the secretary of such Board.

9 Assurances.U.K.

(1)Land (including Buildings) sold [F31purchased or exchanged] under this Measure shall conveyed by or to the incumbent of the benefice affected in his affected in his corporate capacity, and so that—

(i)during a vacancy the bishop shall have power to convey or to take under a conveyance in the name and on behalf of the incumbent of the benefice in his corporate capacity, and no conveyance so made or taken shall on the vacancy being filled be capable of being disclaimed or renounced by any incumbent succeeding to the benefice: . . . F32

(ii) . . . F32

(2)The sealing by [F33the Church Commissioners] of any conveyance excuted under this Measure shall be conclusive evidence that all the requirements of this Measure with respect to the transaction carried out by such conveyance have been complied with.

(3)Every conveyance of land (including buildings) purchased [F34or acquired by way of exchange] for a benefice under this Measure shall be registered in the prescribed manner in the registry of the diocese concerned.

(4)In any case where any land (including buildings) sold [F34or exchanged] under this Measure is subject to any mortgage or charge in favour of [F33the Church Commissioners], the conveyance thereof under this measure shall be effectual to pass the same discharged from such mortgage or charge, and such mortgage or charge shall attach to the purchase money arising on the sale [F35or to any money paid to the Church Commissioners by way of equality of exchange and to the house acquired by way of exchange]

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36U.K.

11 Bishop to certify residence house of benefice.U.K.

(1)Any house erected, purchased [F37acquired by way of exchange] or improved under the powers of this Measure as the residence of an incumbent of a benefice shall as from the date on which the bishop so certifies in writing be deemed and taken to be the residence house of the benefice for which the same is erected, purchased [F37acquired by way of exchange] or improved for all purposes.

(2)If the residence house of a benefice is divided into two or more parts, one of the said parts shall as from the date on which the bishop so certifies in writing be deemed and taken to be the residence house of the benefice.

12 Provisions for parishes without parochial church councils.U.K.

Where it is proposed that the powers conferred by this Measure shall be exercised in relation to any benefice and at the time of such proposed exercise there is no parochial church council constituted in the parish within which that benefice is situate, the following provisions shall have effect:—

(i)Any notice or information required to be given under this Measure to the parochial church council of the parish concerned shall be deemed to be duly given if given to the churchwardens of that parish; and

(ii)the churchwardens of the parish concerned shall have the same powers of raising objections, making representations, and giving consents as are conferred on parochial church councils by this Measure, and every objection, representation or consent so raised, made or given, shall be as effectual for all the purposes of this Measure as if there were a parochial church council duly constituted in that parish, and such objection, representation or consent had been duly raised, made or given by such parochial church council.

13 Notices where bishop is also patron.U.K.

In any case where the bishop is himself the [F38registered] patron of a benefice in right if his see (either solely or alternately with others), it shall not be necessary to give the bishop in his capacity as [F38registered] patron any notice or information which is required to be given to the [F38registered] patron under this Measure.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39U.K.

15 Rules.U.K.

(1)[F40The Church Commissioners] shall make rules for prescribing anything which is to be prescribed hereunder, and generally for carrying this Measure into effect, and such rules shall (without prejudice to the generality of the foregoing provisions)—

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(ii)contain appropriate provisions as to the notice to be given in any case where a [F42registered]patron is subject to any incapacity or where there is any difficulty in determining who is the [F42registered]patron of any benefice, or where for any other reason notice cannot practicably be given to the [F42registered]patron personally; and

(iii)provide for any notice required by this Measure, or consideration of objections, or other proceedings consequent on such notice being, by the direction of [F40the Church Commissioners], dispensed with in cases of urgency, with the consent of the [F42registered]patron and the parochial church council.

(2)No Rule made by [F40the Church Commissioners] in pursuance of this Measure shall come into force until it has been submitted for approval to and approved by the [F43General Synod]

(3)Every rule purporting to be made by [F40the Church Commissioners]and approved by the [F43General Synod] in pursuance of this section shall forthwith be laid before both Houses of Parliament, and if either House of Parliament within the next subsequent twenty-eight days on which that House has sat resolves that any such rule shall be annulled, such rule shall forthwith be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new rule,

(4)Prima facie evidence of any rule made by [F40the Church Commissioners] and approved by the [F43General Synod] under this Measure may be given by producing a copy of such rule containing a statement that the same has been approved by the [F43General Synod] sealed with the common seal of [F40the Church Commissioners] or certified to be a true copy under the hand of the Secretary for the time being of [F40the Church Commissioners].

16 Benefices in Crown patronage.U.K.

Where any notice to a [F44registered] patron of a benefice is to be given or any act or thing is to be done by such patron, notice may be given or such act or thing may be done where the patronage of the benefice is in the Crown or is part of the possessions of the Duchy of Lancaster or of the Duchy of Cornwall, to or by the person or persons to whom notices in connection with such benefice may be given under [F45section eighty one of the M1Pastoral Measure 1968][F46and for the purposes of this Measure Her Majesty shall be deemed to be the registered patron of a benefice the patronage of which is vested in the Crown or is part of the possessions of the Duchy of Lancaster, and the possessor for the time being of the Duchy of Cornwall shall be deemed to be the registered patron of a benefice the patronage of which is part of the possessions of that Duchy]

17 Extension of section five of the Parsonages Act, 1838. 1 & 2 Vict. c. 23.U.K.

The Powers conferred upon colleges and halls within the Universities of Oxford and Cambridge and other corporate bodies by section five of the Parsonages Act 1838, shall extend and be applicable so as to authorise loans in aid of any erection of a residence house or purchase under this Measure.

18 Extension of section fifteen of Clergy Residences Repair Act, 1776 (17.Geo. 3) c. 53.U.K.

Section fifteen of the Clergy Residences Repair Act 1776 shall apply to assurances and other instruments made under and for the purposes of this Measure in the same manner as it applies to instruments made under and for the purposes of that Act, or the Acts amending or extending the same.

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47U.K.

20 Interpretation.U.K.

In this Measure the expressions “bishop” and “Diocesan Dilapidations Board” when used with reference to a benefice mean respectively the bishop of the diocese and the [F48Board appointed or designated under section 1 of the M2Repair of Benefice Buildings Measure 1972]for the area in which the benefice is situate [F49and the expression “purchase,” in relation to any land, includes, the acceptance of any leasehold interest in that land]. [F50and “registered patron” has the same meaning as in the Patronage (Benefices) Measure 1986]

21 Commencement. U.K.

(1)This Measure shall come into force on the appointed day.

(2)The appointed day shall be such day subsequent to the day on which this Measure receives the Royal Assent as the Archbishops of Canterbury and York by writing under their respective hands and archiepiscopal seals shall jointly determine.

(3)The determination of the appointed day under this section shall be notified by advertisement in the London Gazette.

Modifications etc. (not altering text)

C515.7.1938 appointed under s. 21

22 Extent and short title.U.K.

(1)This Measure shall extend to the whole of the Provinces of Canterbury and York, except the Channel Islands and the Isle of Man.

(2)This Measure may be cited as the Parsonages Measure 1938.

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51U.K.

Textual Amendments

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