Tithe Act 1936

1. Introductory Text

2. PART I Extinguishment of tithe rentcharge, compensation of owners thereof and liabilities of landowners.

   1. Extinguishment, Compensation by issue of Stock, Charge of Redemption Annuities.

      1. 1. Extinguishment of tithe rentcharge.

      2. 2. Compensation by issue of stock.

      3. 3. Charge of redemption annuities.

   2. Establishment of Commission and Delivery of Information as to Rentcharges.

      1. 4. Tithe Redemption Commission.

      2. 5. Obligation of owners of rentcharges to give particulars thereof to the Commission.

      3. 6. Documents to be placed at disposal of the Commission.

   3. Stock.

      1. 7. Issue of stock and provision as to beneficial interests therein.

      2. 8. Transitional provisions as to interest on, and issue of, stock.

   4. Annuities.

      1. 9. Register of annuities and of lands in respect of which they are charged.

      2. 10. Apportionment and extinguishment of certain annuities.

      3. 11. Compulsory redemption of certain annuities.

      4. 12. Transfer of management of annuities from Commission to Commissioners of Inland Revenue.

      5. 13. Incidents of annuities.

      6. 14. Remission of excess of annuity over one-third of annual value of agricultural land.

      7. 15. Procedure for redemption of annuities.

      8. 16. Recovery of annuities from owners of land.

      9. 17. Definition of " owner " in relation to land.

      10. 18. Ascertainment and registration of owners of land.

   5. Transitional Provisions.

      1. 19. Abatement of tithe rentcharge and sinking fund payments due on 1st October, 1936.

      2. 20. Recovery of tithe rentcharge due on or before 1st October, 1936.

      3. 21. Provisions as to tithe rentcharge vested in owner of land charged.

      4. 22. Provisions as to redemption or merger on or after 26th February, 1936.

      5. 23. Transitional provisions as to rating of tithe rentcharge.

3. PART II Financial Provisions.

   1. 24. Creation, incidents and management of stock.

   2. 25. Redemption Annuities Account.

   3. 26. Temporary advances to meet deficiencies in Account.

   4. 27. Audit of accounts.

   5. 28. Winding-up of financial arrangements.

4. PART III Miscellaneous and General.

   1. Miscellaneous.

      1. 29. Extraordinary tithe rentcharge.

      2. 30. Corn rents, and c.

      3. 31. Liabilities to repair chancels, and c.

      4. 32. Furnishing of information by rating authorities.

      5. 33. Limitation of personal liability of trustees, and c. as owners of land.

      6. 34. Reduction of annuity charged in respect of land washed away by the sea.

      7. 35. Application to Crown lands, and c.

      8. 36. Ultimate custody of tithe apportionments, collecting lists, and c.

      9. 37. Adaptation of references to tithe rentcharge.

      10. 38. Power of Queen Anne's Bounty to make consequential adjustments.

   2. General.

      1. 39. Powers for determination of questions in performance of functions under this Act.

      2. 40. Exercise by the Commission of certain powers conferred by the Tithe Acts.

      3. 41. Power to enter and inspect land.

      4. 42. Service and proof of documents.

      5. 43. Inspection of, and evidence of entries in, annuities register and map.

      6. 44. Treasury authorisation.

      7. 45. Commission's reports to Parliament.

      8. 46. Consequential amendment of 18 and 19 Geo. 5. No. 2.

      9. 47. Interpretation.

      10. 48. Short title, construction, extent and repeal.

5. SCHEDULES.

   1. FIRST SCHEDULE

      1. PART I Deductions from Gross Annual Value of a Tithe Rentcharge for Determination of Amount of Compensation.

      2. PART II Modifications to be made in certain cases in determining amount of compensation.

         1. 1. In the case of a tithe rentcharge the fee simple...

         2. 2. In the case of a contingent tithe rentcharge, the amount...

         3. 3. In the case of a tithe rentcharge created in lieu...

   2. SECOND SCHEDULE

      Constitution, Procedure, Staff and Expenses of the Commission.

      1. 1. The Treasury shall have power to remove a member of...

      2. 2. If any commissioner becomes temporarily incapable to perform his functions...

      3. 3. The Commission may act notwithstanding any vacancy in their number....

      4. 4. A member of the Commons House of Parliament shall be...

      5. 5. The Commission shall have an official seal, which shah be...

      6. 6. The functions of the Commission, and of the officers and...

      7. 7. The Commission may hold such inquiries as appear to-them to...

      8. 8. The Commission may sue and be sued, and may for...

      9. 9. The Commission may authorise, subject to such limitations or restrictions...

      10. 10. Subject to the foregoing provisions of this Schedule, the Commission...

      11. 11. The Commission may appoint such secretaries and other officers, and...

      12. 12. There shall be paid to the commissioners, and to any...

   3. THIRD SCHEDULE

      1. PART I Persons to whom stock is to be issued.

      2. PART II Provisions as to stock to be issued to Queen Anne's Bounty.

         1. 1. Stock issued to Queen Anne's Bounty in respect of tithe...

         2. 2. Queen Anne's Bounty shall, subject to the provisions of paragraph...

         3. 3. The sum appropriated to a benefice under the provisions of...

         4. 4. (1) Where any such rentcharge as aforesaid was immediately before...

   4. FOURTH SCHEDULE

      Certification of Annual Value of Land in Agricultural Holding.

      1. 1. In this Schedule the expression " charged land " means...

      2. 2. If the owner of any charged land makes before the...

      3. 3. The annual value of charged land for the period in...

      4. 4. Immediately after the expiration of the said period of one...

   5. FIFTH SCHEDULE

      Issue and Distribution of Sums by way of Contribution in respect of Diminution of Income of Rating Authorities.

      1. Amounts and mode of distribution between rating authorities.

         1. 1. Subject to the provisions of paragraph (e) of subsection (4)...

         2. 2. (1) The fraction referred to in sub-paragraph (6) of the...

         3. 3. Subject to the provisions of this Schedule, the sums to...

         4. 4. The directions given by the Minister of Health under the...

         5. 5. The Minister of Health may direct that there shall be...

         6. 6. (1) The Minister of Health may request the Treasury to...

      2. Application by rating authorities of sums distributed.

         1. 7. The Minister of Health shall give directions for securing that...

         2. 8. Sums payable to a rating authority for an area other...

         3. 9. The sum to be credited in aid of any rate...

      3. General.

         1. 10. For the purpose of enabling the Minister of Health to...

         2. 11. In this Schedule the following expressions have the meanings hereby...

   6. SIXTH SCHEDULE

      Method of Ascertainment of Compensation for Redemption of Corn Rents, &c.

   7. SEVENTH SCHEDULE

      Liabilities to Repair Chancels, &c.

      1. PART I Apportionment of Liability.

         1. 1. The Commission shall ascertain in relation to every chancel or...

         2. 2. Where the Commission ascertain, in relation to any chancel or...

         3. 3. Where the Commission ascertain, in relation to any chancel or...

         4. 4. References in the Chancel Repairs Act, 1932, to the cost...

         5. 5. Nothing in this Act shall prejudice the right of any...

      2. PART II Procedure as to Receipt of Stock by Diocesan Authority, &c.

         1. 1. As soon as may be after particulars of a tithe...

         2. 2. Within two months from the service of the Commission's notice,...

         3. 3. In the case of a chancel or building in England,...

         4. 4. Where a notice has been served as aforesaid by the...

         5. 5. Stock issued to the Diocesan Authority by virtue of the...

      3. PART III Modifications as to Wales and Monmouthshire.

         1. 1. For references to the Diocesan Authority or to Queen Anne's...

         2. 2. Paragraph 5 of Part II of this Schedule shall not...

   8. EIGHTH SCHEDULE

      Powers of Queen Anne's Bounty.

      1. 1. Power to make to persons entitled on the appointed day...

      2. 2. Power to make to persons entitled on the appointed day...

      3. 3. Power, in the case of any tithe rentcharge vested for...

      4. 4. Power to provide on such terms as Queen Anne's Bounty...

      5. 5. Power to provide on such terms as Queen Anne's Bounty...

      6. 6. Power to provide on such terms as Queen Anne's Bountjr...

      7. 7. Power to provide on such terms as Queen Anne's Bounty...

      8. 8. Power at any time, and during any incumbency of the...

   9. NINTH SCHEDULE

      Enactments Repealed.