Parsonages Measure 1938 (repealed)

5 Application of moneys derived from sales. E

(1) Subject to the provisions of this section, [F1 the Church Commissioners] shall in their discretion apply and dispose of any moneys arising from any sale [F2 or exchange] under this Measure of any part of the property of a benefice for one or more of the following purposes (that is to say):—

(i) in payment of the costs, charges and expenses of such sale [F2 or exchange];

(ii) for or towards any one or more of the purposes of the powers contained in paragraphs (i) and (ii) of subsection (1) of section two [F2 and in subsection (1) of section two A] of this Measure;

(iii) in repayment of any money expended with the [F3 previous consent of] the [F4 Board] for the purpose of rendering the property sold [F2 or exchanged] more readily saleable [F2 or exchangeable];

(iv) if and in so far as the income derived from any moneys arising from any sale [F2 or exchange] under this Measure pending the application and disposition of such moneys under the foregoing paragraphs of this subsection shall be insufficient for this purpose, in payment to the incumbent of the benefice affected of the whole or any part of the expenses reasonably incurred by him in respect of his removal from one residence house to another, the storage of his furniture, and the rent paid by him for any temporary residence pending his occupation of the new residence house of the benefice: provided that no payment shall be made under the provisions of this paragraph unless the consent of the bishop and the [Board] shall have first been obtained; and

[F5 (iv) (a) In repaying to an incumbent or incumbents such amounts as he or they may have paid to [F1 the Church Commissioners] in reduction of a loan made by them for or towards the erection or purchase of a residence house;]

[F5 (iv) (b) In repaying to [F1 the Church Commissioners] the whole or any part of any grant made by them for or towards the erection or purchase of a residence house.]

F6 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Provided that in any case where such moneys shall have arisen from the sale [F2 or exchange] of property purchased originally or built or improved either wholly or in part by means of a loan . . . F7 , . . . F8 , or which is subject to any mortgage or charge in favour of [F1 the Church Commissioners], arising under any . . . F7 Act or Measure, . . . F7 and any principal money [F9 or interest] shall remain owing on account of such loan or under such mortgage or charge, [F1 the Church Commissioners] may apply such moneys in or towards the discharge of such principal money [F9 or interest].

[F10 (3) Any moneys arising from any sale or exchange of any part of the property of a benefice under this Measure, in so far as they shall not be applied and disposed of under the foregoing provisions of this section or under section 36(2) of the Endowments and Glebe Measure 1976 [F3 and the Commissioners are satisfied that they should not be so applied or disposed of, shall be allocated] to the capital account of the diocesan stipends fund of the diocese to which the benefice belongs or to the pastoral account of that diocese, or partly to one and partly to the other as the diocesan board of finance may determine.]

[F11 (4) The Board shall provide the Commissioners with such information as they may require concerning transactions under this Measure affecting property.]

Textual Amendments

F1 Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

F2 Words inserted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), Sch.

F3 Words in s. 5(1)(iii)(3) substituted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 7(a)(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F4 Words in s. 5(1)(iii)(iv) substituted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 2; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F5 S. 5(1)(iv)(a) (b) inserted by Parsonages (Amendment) Measure 1947 (No. 3), s. 3(1)

F6 S. 5(1)(v) repealed (1.1.2001) by 2000 Measure No. 1, ss. 2, 20, Sch. 1 para. 7(a), Sch. 8 Pt. II; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F7 Words repealed by Endowments and Glebe Measure 1976 (No. 4), Sch.

F8 Words repealed by Repair of Benefice Buildings Measure 1972 (No. 2), Sch. 2

F9 Words inserted by Parsonages (Amendment) Measure 1947 (No. 3) s. 3(2)

F10 S.5(3): by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 91 it is provided that notwithstanding the repeal by that Measure of the Pastoral (Amendment) Measure 1982, section 5(3) shall continue to have effect as amended by section 70 of the said Measure of 1982 and that accordingly s. 5(3) should have effect as set out in the said s. 91

F11 S. 5(4) inserted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 7(c); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

Modifications etc. (not altering text)

C1 S. 5 excluded by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 33(5)