Cathedrals Measure 1963

17 Provisions as to property of benefices of parish church cathedrals. E

(1) The income which at the passing of this Measure is the endowment income of a benefice the parish church of which is a parish church cathedral shall form part of the capitular revenues of that cathdral:

Provided that nothing in this subsection shall affect any charge to which that income is subject at the passing of this Measure.

(2) Any sum which before the passing of this Measure has been appropriated under paragraph (b)of section three or paragraph (b) of subsection (2) of section four of the M1 Benefices (Stabilization of Incomes) Measure 1951 to a benefice the parish church of which is a parish church cathedral shall be treated as appropriated to the cathedral chapter of that cathedral; [F1 and if at any time any part of any sum which has been so appropriated is expended for the benefit of that cathedral, the annual sum or sums payable to the cathedral chapter by the Commissioners shall be reduced by the proportion which the amount so expended bears to the total amount held to the account of that chapter by the Commissioners.]

(3) Where at the passing of this Measure any capital moneys are held by the Church Commissioners to the account of a benefice the parish church of which is a parish church cathedral those moneys shall be held by them to the account of the cathedral chapter.

(4) Any order made under section twelve of the M2 Pastoral Reorganisation Measure 1949 (which enables the Church Commissioners by order to divert part of the endowment income of a benefice to the diocesan stipends fund) and any Order in Council made under the Union of Benefices Measures 1923 to 1952 and section six of the M3 Diocesan Stipends Funds Measure 1953 (which section enables the Church Commissioners by scheme confirmed by Order in Council to hold part of the endowment income of a benefice for the benefit of the diocesan stipends fund) shall, if in force at the passing of this Measure, cease to have effect so far as it diverts or transfers any part of the endowment income of a benefice the parish church of which is a parish church cathedral.

(5) If any question arises as to what constitutes the endowment income of a benefice for the purposes of this section or as to the amount of that income, that question shall be determined by the Church Commissioners, whose decision shall be final.

(6) This section shall apply in relation to the benefice of St. Mary in Truro as it applies in relation to a benefice the parish church of which is a parish church cathedral with the substitution of a reference to the dean and chapter of the cathedral church of Truro for the reference to the cathedral chapter.

Textual Amendments

F1 Words substituted by Endowments and Glebe Measure 1976 (No. 4), Sch. 5 para. 3

Modifications etc. (not altering text)

C1 Ss. 16, 17, 27 extended by Dioceses Measure 1978 (No. 1, SIF 21:3), s. 22(2)

Marginal Citations

M1 1951 No. 5.

M2 1949 No. 3.

M3 1953 No. 2.