The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides that the consent of the relevant diocesan board of finance is not required for certain property transactions by parochial church councils or certain ecclesiastical trusts.

Article 2(1) and (2) provides that consent is not required for a transaction if the consideration is less than the annual unrestricted income of the parochial church council or trust concerned, as shown in its most recent accounts. This exception is subject to an overall figure of £250,000; consent will always be required if the consideration is at or above that level.

Article 2(3) provides that the council or trust concerned can rely on the exception only if its most recent accounts were prepared during the period of 22 months before the completion of the transaction. This period is in line with the Charity Commission requirement that registered charities required to file accounts must do so within ten months of their year end.

Article 2(4) provides that consent will always be required if the transaction involves a place of worship or a churchyard or land adjacent to property of either such type.