New Parishes Measure 1943 (repealed)

Part III U.K. Supplemental

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 26, 27, 30 repealed by Pastoral Measure 1968 (No. 1, SIF 21:4), Sch. 9

28 Provisions as to service of documents on and consents by incumbents and patrons. U.K.

Where under this Measure any notice or other document is required to be served on, or there is required the consent of, any incumbent, [F2 or parochial church council], the provisions of the M1 Union of Benefices Measure 1923 and the rules made thereunder relating to such service and consent shall apply as if herein re-enacted and in terms made applicable to this Measure.

Textual Amendments

F2 Words substituted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 9

Marginal Citations

M1 1923 No. 2.

29 Interpretation. U.K.

(1) In this Measure unless the context otherwise requires—

• the expression “bishop” in relation to any church, parish, district or other area or place means the bishop of the diocese in which the church, parish, district or other area or place is situated, or if the parish, district, area or place is situated partly in one diocese and partly in another, the bishop of each such diocese;

• [F3 the expression “Commissioners” means the Church Commissioners;

• the expression “diocesan board of finance” means the diocesan board of finance for the diocese in which the property in question is situated;]

• the expression “ecclesiastical district” includes any parish whether ancient or new, and any district formed under the Church Building Acts 1818 to 1884 or the New Parishes Acts 1843 to 1844 or this Measure, and any other ecclesiastical parish or district the minister whereof has a separate cure of souls;

• the expression “ecclesiastical dues” includes offerings and oblations;

• the expression “full consideration” means the best consideration that could reasonably be expected to be obtained;

• the expression “house of residence” includes the site thereof and any land occupied or to be occupied therewith as a garden or glebe;

• the expression “incumbent” includes any minister with cure of souls;

• the expression “land” includes any hereditaments corporeal or incorporeal of any tenure.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3) In the case of any parish or place in which there is no church nor any person known to be or claiming to be patron of the ancient church or advowson (if any) of the parish or place, the parish or place shall for the purposes of the provisions of this Measure relating to the constitution of new parishes and districts be treated as if it were an extra parochial place.

(4) This Measure shall apply to any new parish or district constituted before the passing of this Measure under the New Parishes Acts 1843 to 1884 as if it had been constituted under the corresponding provisions of this Measure.

Textual Amendments

F3 Words in s. 29(1) inserted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), s. 13(2), Sch. 1 para. 9; S.I. 2010/2, art. 3, Sch. 2

F4 S. 29(2) repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(2), Sch. 5

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 Ss. 26, 27, 30 repealed by Pastoral Measure 1968 (No. 1, SIF 21:4), Sch. 9

31 Charitable trusts. E

Nothing in this Measure shall take away abridge or affect any power or jurisdiction of [F6 the Charity Commission] for England and Wales . . . F7 , or enable [F8 the diocesan board of finance] [F9 to deal with any endowment belonging to a charity within the meaning of [F10 the Charities Act 1993] except with the consent of [F11 the Charity Commission] . . . ]F12

Textual Amendments

F6 Words in s. 31 substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 31(a); S.I. 2007/309, art. 2, Sch.

F7 Words repealed by Education Act 1973 (c. 16, SIF 41:1), Sch. 2 Pt. III

F8 Words in s. 31 substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), s. 13(2), Sch. 1 para. 10; S.I. 2010/2, art. 3, Sch. 2

F9 Words substituted by Charities Act 1960 (c. 58, SIF 19), Sch. 6

F10 Words in s. 31 substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 3(4)

F11 Words in s. 31 substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 31(b); S.I. 2007/309, art. 2, Sch.

F12 Words repealed by Education Act 1973 (c. 16, SIF 41:1), Sch. 2 Pt. III

32 Repeals. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(a) nothing in this repeal so far as it relates to any of the provisions of the Church Building Acts 1818 to 1884 regulating ecclesiastical districts formed under those Acts, shall affect the continuance of those provisions for such time and in relation to such matters as are provided in section eight of this Measure;

(b) Nothing in this repeal shall affect the validity of any existing agreement or assignment of any right of patronage nor the exercise of any right in pursuance thereof;

(c) nothing in this repeal shall affect any existing right to charge or recover rents for sittings in any church or any scale fixing such rents.

(2) The mention of particular matters in this section shall not be held to prejudice or affect the general application of [F14 sections 16(1) and 17(2)(a) of the M2 Interpretation Act 1978] with regard to the effect of repeals.

(3) “Existing” in this section means existing at the time of the passing of this Measure.

Textual Amendments

F13 Words repealed by Statute Law Revision Act 1950 (c.6), Sch. 3

F14 Words substituted by virtue of Interpretation Act 1978 (c.30, SIF 115:1), s. 25(2)

Marginal Citations

M2 1978 c. 30.

33 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) Measure 1931 or either of them, in accordance with that Measure. M3

Marginal Citations

M3 21 & 22 Geo. 5. No. 4.

34 Short title. U.K.

This Measure may be cited as the New Parishes Measure 1943.