Sharing of Church Buildings Act 1969

12 Interpretation. E+W

(1) In this Act, unless the context otherwise requires,—

• “building” includes a part of a building;

• “church building” means a building used or proposed to be used by a Church or Churches to which this Act applies—

  (a)

  as a place of worship;

  (b)

  as a church hall or centre available wholly or mainly for activities other than worship;

  (c)

  as a youth club or centre or youth hostel;

  (d)

  as a residence or residences for ministers or lay workers:

• Provided that—

  (i)

  a sharing agreement may provide for including any land (other than land used or appropriated for use for burials) or outbuildings held or to be held with a church building, and any easements or rights enjoyed or to be enjoyed with a church building, and references to a church building shall in relation to that agreement, be construed accordingly;

  (ii)

  the said expression shall not include any school;

• “consecrated” means consecrated for the purpose of public worship according to the rites and ceremonies of the Church of England;

• “Diocesan Board of Finance” means the Board of that name constituted under the M1 Diocesan Board of Finance Measure 1925 for that diocese:

• Provided that, if the bishop certifies that a board of finance not so constituted or a body constituted for the holding on trust of diocesan property is to be treated for the purposes of this Measure as the Diocesan Board of Finance for that diocese, the board or body so certified shall be so treated;

• “Diocesan Education Committee” means a committee constituted in accordance with the Schedule to the M2 Diocesan Education Committees Measure 1955 or in accordance with an order made by the Secretary of State under that Measure;

• “statutory or other legal provision” means any Act or Measure, any instrument or document made or having effect under or by virtue of any Act or Measure, any other instrument or document affecting legal rights or obligations, any trust (whether arising under a trust instrument or otherwise), and any rule of law, being an Act, Measure, instrument, document, trust, or rule in force at the passing of this Act:

• Provided that the said expression shall not include a lease or tenancy of a church building or any mortgage, charge, covenant or rights affecting a church building and operating for the benefit of persons other than a Church to which this Act applies, or any general Act of Parliament regulating or affecting the use of land.

(2) For the purposes of this Act, a church building shall be deemed to be owned by a Church if the building is held by any body or person, whether for a freehold or leasehold estate, for purposes of that Church or on behalf of that Church, and, in the case of a leasehold building, any reference to the conveyance or vesting of the building shall be construed as a reference to the conveyance or vesting of the leasehold estate.

(3) If it is certified by the Church Commissioners that the ownership of a consecrated church of the Church of England cannot be ascertained with certainty, and that the church ought to be treated as vested in the incumbent of the parish in which it is situated, the church shall be deemed for the purposes of this Act to be so vested.

(4) Any reference in this Act to any Act or Measure shall be construed as a reference to that Act or Measure as amended by any subsequent Act or Measure.

Marginal Citations

M1 1925 No. 3.

M2 1955 No. 1 (4 & 5 Eliz. 2).