Parsonages Measure 1938 (repealed)

1 Powers of selling parsonage houses, etc. E

(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—

F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)without the consent of [F6the Church Commissioners], the [F7Board], and (in cases where the power is exercised by the incumbent) the bishop respectively;

(iii)without the consent of the [F8Crown 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; F9. . .

[F10(iiia)in cases where the property proposed to be disposed of is occupied by a member of the team in a team ministry, without that member’s consent; or]

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

[F11(3A)The consent of the Church Commissioners shall not be required under subsection (3)(ii) above in the case of a sale or exchange if—

(a)the disposition is made to a person who is not a connected person or a trustee for, or nominee of, a connected person; and

(b)the requirements of subsection (3B) below have been complied with in relation to it.

[F12(3AA)The consent of the Church Commissioners shall not be required under subsection (3)(ii) above to the exercise of the power conferred by subsection (1)(ii) where the exercise of the power consists only of pulling down the residence house and outbuildings or any of them or any part thereof.]

(3B)The incumbent or bishop, as the case may be, must, before entering into an agreement for the sale or exchange—

(a)obtain and consider a written report on the proposed disposition from a qualified surveyor instructed by and acting exclusively for him;

(b)advertise the proposed disposition for such period and in such manner as the surveyor has advised in his report (unless he has there advised that it would not be in the best interests of the benefice to advertise the proposed disposition); and

(c)decide that he is satisfied, having considered the surveyor’s report, that the terms on which the disposition is proposed to be made are the best that can be reasonably obtained for the benefice.]

(4)The powers conferred by [F3subsection (1) [F13or (1A)] 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[F13 or under section 31 or 37 of the Pastoral Measure 1983]. [F14and 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.]

[F15(5)All moneys arising from any sale or exchange under the provisions of this section shall be paid F16... to the Board, and the receipt of the Board shall be a sufficient discharge to the purchaserF16....]

[F17(6)In this section and in section 2 below—

[F18 “ connected person ” means the incumbent, the bishop, any member, officer, agent or employee of the parochial church council of any parish within the benefice in question or of the diocesan board of finance concerned or the spouse [F19or civil partner] or any child, parent, grandparent, brother or sister of any such person; ]
“ qualified surveyor ” means a fellow or professional associate of the Royal Institution of Chartered Surveyors or of the Incorporated Society of Valuers and Auctioneers reasonably believed by the incumbent or the bishop, as the case may be, to have ability in, and experience of, the valuation of land of the particular kind, and in the particular area, in question. ]