- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/07/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/07/2018.
There are currently no known outstanding effects for the Church of England (Miscellaneous Provisions) Measure 2005.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 1
1EThe Parsonages Measure 1938 (1 & 2 Geo.6. No. 3) shall be amended as follows.
Commencement Information
I1Sch. 1 para. 1 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
2EIn section 1—
(a)after subsection (3A) there shall be inserted the following subsection—
“(3AA)The consent of the Church Commissioners shall not be required under subsection (3)(ii) above to the exercise of the power conferred by subsection (1)(ii) where the exercise of the power consists only of pulling down the residence house and outbuildings or any of them or any part thereof.”;
(b)in subsection (6), for the definition of “connected person” there shall be substituted the following definition—
““connected person” means the incumbent, the bishop, any member, officer, agent or employee of the parochial church council of any parish within the benefice in question or of the diocesan board of finance concerned or the spouse or any child, parent, grandparent, brother or sister of any such person;”.
Commencement Information
I2Sch. 1 para. 2 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
3EIn section 2(1)(ii), for the words “under the preceding paragraph or any house acquired by way of exchange under the provisions of this Measure” there shall be substituted the words “ or acquired as property of the benefice under any powers conferred by or under this Measure or any other enactment ”.
Commencement Information
I3Sch. 1 para. 3 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
4EIn section 7 there shall be added at the end the words “ within the period specified in the notice ”.
Commencement Information
I4Sch. 1 para. 4 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
5EIn section 9 after subsection (2B) there shall be inserted the following subsection—
“(2C)Where any transaction under this Measure affecting property does not contain a statement under subsection (2A) or (2B) above then in favour of a person who (whether under the transaction or afterwards) in good faith acquires an interest in the property for money or money's worth the disposition effected by the transaction shall be valid whether or not any consent of the Commissioners or the Board which was required to the transaction has been given.”.
Commencement Information
I5Sch. 1 para. 5 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
6EIn section 11(1) for the words “of this Measure” there shall be substituted the words “ conferred by this Measure or any other enactment ”.
Commencement Information
I6Sch. 1 para. 6 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
F17E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 para. 7 repealed (1.7.2018) by Statute Law (Repeals) Measure 2018 (No. 1), s. 2(3), Sch. Pt. 5; S.I. 2018/718, art. 2
Section 6
1EThe Repair of Benefice Buildings Measure 1972 (1972 No. 2) shall be amended as follows.
Commencement Information
I7Sch. 2 para. 1 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
2EIn section 1(2) there shall be added at the end the words— “ Provided that no person appointed as a surveyor after the coming into force of section 6 of the Church of England (Miscellaneous Provisions) Measure 2005 shall be considered to be a fit person for the purposes of this subsection unless that person is registered under the Architects Act 1997 or is a corporate member of the Chartered Institute of Building or the Royal Institution of Chartered Surveyors or a member of such other body as the Commissioners may determine and appearing to them to be suitably qualified. ”.
Commencement Information
I8Sch. 2 para. 2 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
3EIn section 14(1) after the word “Board”, in the first place where it occurs, there shall be inserted the words “ is satisfied that a parsonage house may be sold or exchanged without the consent of the Commissioners under the Parsonages Measure 1938 or ” and for the words “sale, exchange or demolition” in each place where they occur there shall be substituted the words “ sale or exchange ”.
Commencement Information
I9Sch. 2 para. 3 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
4EIn section 14(1)(b) the words “in a case where the parsonage house is to be sold or exchanged,” shall be omitted.
Commencement Information
I10Sch. 2 para. 4 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
5EIn section 14(2) for the words “sale, exchange or demolition” there shall be substituted the words “ sale or exchange ”.
Commencement Information
I11Sch. 2 para. 5 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
6EIn section 15(4) for the words “shall not constitute a charge on the Parsonages Fund established under section 17 hereof” there shall be substituted the words “ shall be met by any fund or funds capable of being used for the purposes in question ” and the proviso shall be omitted.
Commencement Information
I12Sch. 2 para. 6 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
7EIn section 16 there shall be added at the end the following subsection—
“(4)The Board shall in respect of any building in the diocese (other than a parsonage house or other residence of an incumbent in the diocese) used as a residence by any person declared by the bishop to be engaged in the cure of souls within the diocese have power to defray on behalf of the Diocesan Board of Finance for the diocese the cost of any such payments as are referred to in paragraphs (a) to (d) of subsection (1) above and the costs, charges and expenses of any sale.”.
Commencement Information
I13Sch. 2 para. 7 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
8(1)For section 17 there shall be substituted the following section—E
All expenditure of the Board, except expenditure defrayed out of a specific trust fund, shall be defrayed out of any fund or funds capable of being applied for the purposes in question.”.
(2)On the date of the coming into force of this paragraph every Parsonages Fund for a diocese shall be dissolved and all moneys held in the Fund shall be paid into any fund or funds which may be used for the purposes of defraying the cost of the provision, improvement or repair of parsonage houses.
Commencement Information
I14Sch. 2 para. 8 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
9ESection 18 shall cease to have effect.
Commencement Information
I15Sch. 2 para. 9 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
10EIn section 19(3) and (6) for the words “the Parsonages Fund”, in each place, there shall be substituted the words “ any fund or funds capable of being applied for the purposes of the provision, improvement or repair of parsonage houses ”.
Commencement Information
I16Sch. 2 para. 10 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
11EIn section 21—
(a)in subsection (3) the words after “to do so” to the end shall be omitted; and
(b)at the end there shall be added the following subsection—
“(5)Any notice under this section shall inform the incumbent or the person or representative as the case may be, of the right to make representations and the date by which the representations must be made, which shall be not less than one month from the date on which the notice is sent, and section 4(5) above shall apply to the consideration of any representations duly made and the Board shall then decide whether or not to proceed with the notice.”.
Commencement Information
I17Sch. 2 para. 11 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
Section 7
1EThe Endowments and Glebe Measure 1976 (1976 No. 4) shall be amended as follows.
Commencement Information
I18Sch. 3 para. 1 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
2EIn section 20—
(a)after section (1) there shall be inserted the following subsection—
“(1A)The consent of the Commissioners shall not be required for any disposition of land other than any such disposition as is specified in Schedule 3 to this Measure.”;
(b)after subsection (2C) there shall be inserted the following subsection—
“(2D)Where the tenant of any diocesan glebe land is entitled, under any enactment, to acquire from or be granted by the Diocesan Board of Finance any interest in the land or to have any existing interest renewed or extended by them the consent of the Commissioners shall not be required to any disposition which gives effect to the tenant's entitlement and subsections (2A), (2B) and (2C) above shall not apply in relation to that disposition.”;
(c)in subsection (5) for the words from the beginning to “subsection (1) above” there shall be substituted the words “ Before a Diocesan Board of Finance seeks the consent of the Commissioners under subsection (1) above to a transaction specified in Schedule 3 except any transaction to which subsection (2D) above applies ” and immediately before the words “a notice” there shall be inserted the words “ and on the parochial church council of that parish ”;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)in subsection (9) the words “the terms of” shall be omitted and for the words “those terms” there shall be substituted the words “ that transaction ”;
(g)in subsection (10) the words “the terms of” shall be omitted; and
(h)after subsection (11) there shall be inserted the following subsection—
“(11A)Where any such document as is mentioned in subsection (11) above does not contain such a statement as is there mentioned then in favour of a person who (whether under the transaction or afterwards) in good faith acquires an interest in the diocesan glebe land in question for money or money's worth the disposition effected by the transaction shall be valid whether or not the consent of the Commissioners was required to the transaction.”.
Textual Amendments
F2Sch. 3 para. 2(d)(e) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 11(4)(b), 14(3); S.I. 2018/722, art. 2(d) (with Sch. para. 4)
Commencement Information
I19Sch. 3 para. 2 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
3EIn section 24 for the words “holding the office of vicar in a team ministry or assistant curate or a deaconess or lay worker” there shall be substituted the words “ declared by the bishop to be engaged in the cure of souls within the diocese ” and for the headnote to that section there shall be substituted the following headnote “ Rent free homes on diocesan glebe land for those declared to be engaged in the cure of souls ”.
Commencement Information
I20Sch. 3 para. 3 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
4ESection 26(3) shall cease to have effect.
Commencement Information
I21Sch. 3 para. 4 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
5EIn section 32—
(a)in subsection (1) after the words “shall so notify” there shall be inserted the words “ the parochial church council and ”; and
(b)in subsection (2) after the words “the Board” there shall be inserted the words “ , the parochial church council ”.
Commencement Information
I22Sch. 3 para. 5 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
6ESection 42 shall have effect as if it had not been repealed by section 8 of and paragraph 12 of Schedule 5 and section 20 of and Part II of Schedule 8 to the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1).
Commencement Information
I23Sch. 3 para. 6 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
7EIn section 45(1), in the definition of “pastoral scheme” the words “and confirmed by Order in Council” shall be omitted.
Commencement Information
I24Sch. 3 para. 7 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
8ESchedule 3 shall have effect as if it had not been repealed by section 20 of and Part II of Schedule 8 to the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1).
Commencement Information
I25Sch. 3 para. 8 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
Section 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Section 10
Commencement Information
I26Sch. 5 in force at 1.6.2005 by S.I. 2005/2, Instrument made by Archbishops
Measure | Extent of repeal |
---|---|
1960 (8 & 9 Eliz. 2 No. 2) Church Property (Miscellaneous Provisions) Measure 1960 | In section 20, subsection (4). |
1972 No. 2, Repair of Benefice Buildings Measure 1972 | Section 18. In Schedule 1, paragraphs 2(6) and (7) and 3(b). |
1975 No. 1, Church Commissioners (Miscellaneous Provisions) Measure 1975 | Section 2. |
1976 No. 4, Endowments and Glebe Measure 1976 | In section 26, subsection (3). |
1983 No. 1, Pastoral Measure 1983 | In section 50, subsection (8). |
2000 No. 1, Church of England (Miscellaneous Provisions) Measure | In Schedule 2, paragraph 6. In Schedule 4, paragraph 7. In Schedule 5, paragraphs 5(d) and 7(b). In Schedule 6, paragraphs 4 and 5(b). |
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