(1)In this Measure, except in so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—
“the appointed day” means the day appointed under section 49(2) of this Measure;
“benefice” means the office of a rector or vicar of a parish or parishes, with cure of souls, but not including the office of vicar in a team ministry;
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“the Commissioners” means the Church Commissioners;
“Diocesan Board of Finance” means, in relation to a diocese, the board of that name constituted under the M1Diocesan Boards of Finance Measure 1925 for that diocese or recognised under section 9 of the M2Diocesan Stipends Funds Measure 1953 as being the board of finance for that diocese for the purpose of that Measure;
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“diocesan stipends fund” means, in relation to a diocese, the fund of that name established under the M3Reorganisation Areas Measure 1944 or the M4Pastoral Reorganisation Measure 1949 or the M5Diocesan Stipends Funds Measure 1953 for that diocese;
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“land” includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments, also a manor, a rent and other incorporeal hereditaments other than an advowson, and an easement, right, privilege or benefit in, over or derived from land;
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“parsonage house” means a residence vested in the incumbent of a benefice (when the benefice is full), being his official residence, and includes the buildings, gardens, orchards, paddocks, walls, fences and appurtenances occupied with the residence; and “excluded part of a parsonage house” means any part of a parsonage house which by reason of a certificate of the bishop under section 11 of the M6Parsonages Measure 1938 is to be deemed not to form part of that house;
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“pastoral scheme” means a scheme made by the CommissionersF2...under Part I of the [F3Pastoral Measure 1983], and includes any scheme made in pursuance of proposals by a joint pastoral committee appointed under [F3section 13] of that Measure;
“sale”, in relation to an easement, right, privilege, or benefit in, over or derived from land, includes grant.
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(3)Any reference in this Measure to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment, including this Measure.
Textual Amendments
F1Words in s. 45(1) repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2
F2Words in s. 45(1) omitted (1.6.2005) by virtue of Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 7; 2005 No. 2, Instrument made by Archbishops
F3S. 45(1): words in definition of “pastoral scheme" substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 13(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F4S. 45(2) repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2
Marginal Citations