Parsonages Measure 1938 (repealed)

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

(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, F1 . . . . . . F2

(ii) power to improve any house erected or purchased [F3 or acquired as property of the benefice under any powers conferred by or under this Measure or any other enactment] 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2) No power conferred by subsection (1) of this section shall be exercisable without the consent of [F5 the Church Commissioners], the [F6 Board], and (in cases where the power is exercised by the incumbent) the bishop respectively.

[F7 (2A) The consent of the Church Commissioners shall not be required under subsection (2) above in the case of a transaction entered into in connection with the exercise of any such power if—

(a) no person who is a connected person or a trustee for, or nominee of, a connected person is concerned in the transaction; and

(b) the requirements of subsection (2B) below have been complied with in relation to it.

(2B) The incumbent or bishop, as the case may be, must, before entering into any such transaction,—

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

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

(3) [F5 The 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 [F8 of 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 [F5 the Church Commissioners] complete such work in accordance with the plans and specifications authorised by the bishop with such modifications (if any) as may be [F9 agreed to by the bishop and the][F6 Board], and in default of his so doing it shall be lawful for the [F6 Board] so to complete such work.

Textual Amendments

F1 Words in s. 2(1)(i) omitted (1.1.2001) by virtue of 2000 Measure No. 1, s. 2, Sch. 1 para. 4(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F2 Words repealed by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), s. 2(1)

F3 Words in s. 2(1)(ii) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 1 para. 3; Instrument dated 24.3.2005 made by the Archbishops of Canterbury and York

F4 S. 2(1)(iv) repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8

F5 Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

F6 Words in s. 2(2)(4) substituted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 2; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F7 S. 2(2A)(2B) inserted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 4(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F8 Words substituted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), Sch.

F9 Words in s. 2(4) substituted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 4(c); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York