Pastoral Measure 1983 (repealed)

63 Trusts for the repair etc. of redundant buildings and contents. E

(1) If and so long as a redundant building or part thereof—

(a) is vested in the diocesan board of finance pending the making or in pursuance of a redundancy scheme; or

(b) is vested in the Redundant Churches Fund in pursuance of a redundancy scheme or [F1 a pastoral church buildings scheme] to which section 47 applies; or

(c) is vested in the Commissioners or the board for a use or uses specified or described in [F1 a pastoral church buildings scheme] or redundancy scheme;

any property of a charity the purposes of which include the repair and maintenance of the building or the provision or maintenance of ornaments or other contents of the building shall continue to be applicable for that purpose:

Provided that—

(i)

in the case mentioned in paragraph (c), it shall only be so applicable if the scheme so provides;

(ii)

if the redundant building consists of part of a church or only part of the redundant building is vested as aforesaid, it shall only be so applicable if and to the extent that the scheme so provides.

(2) If and so long as any land annexed or belonging to a redundant building is vested in the diocesan board of finance in pursuance of a redundancy scheme or is vested in the Redundant Churches Fund in pursuance of a redundancy scheme or [F1 a pastoral church buildings scheme] to which section 47 applies, then, if that land comprises a churchyard, any property of a charity the purposes of which include the maintenance of the churchyard shall continue to be applicable for that purpose;

Provided that if part only of the churchyard is so vested, the said property shall only be so applicable if and to the extent that the scheme so provides.

(3) Nothing in subsections (1) and (2) shall affect the powers to make schemes in respect of any such charity under [F2 the Charities Act 1993], and paragraph 11(6) of Schedule 3 to this Measure shall apply to charities affected by a redundancy scheme as it applies to charities affected by [F1 a pastoral church buildings scheme] or order.

(4) Where the purposes of a charity include the giving of sermons or lectures in any church and, by reason of a declaration of redundancy relating to the church or a part thereof, the sermons or lectures cannot be given in that church, they shall be given in the parish church of the parish in which the first-mentioned church is situated, or in such other church as the bishop may direct in an instrument under seal with the approval of [F3 the Charity Commission] .

Textual Amendments

F1 Words in Pt. 3 substituted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 40(2), 66(2) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

F2 Words in s. 63(3) substituted (E.W.) (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 18(3)

F3 Words in s. 63(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 70; S.I. 2007/309, art. 2, Sch.