The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015

Amount of consideration below which consent to dealing not required

2.—(1) The requirement for consent under section 6(1) or (3) of the Parochial Church Councils (Powers) Measure 1956 does not apply if the consideration on the transaction in question—

(a) is less than the total of the unrestricted income of the parochial church council concerned as shown in the most recent financial statements that have been prepared for the council for the purposes of the Church Representation Rules and approved by it in accordance with those Rules, and

(b) is less than £250,000.

(2) The requirement for consent under section 4 or 5 of the Incumbents and Churchwardens (Trusts) Measure 1964 does not apply if the consideration on the transaction in question—

(a) is less than the total of the unrestricted income of the trust concerned as shown in the most recent accounts prepared for the trust, and

(b) is less than £250,000.

(3) The exception provided for under paragraph (1) or (2) applies only if the financial statements or accounts referred to were prepared in the period of 22 months ending with the date of the completion of the transaction.

(4) The exception provided for under paragraph (1) or (2) does not apply where the property that is the subject of the transaction is or includes—

(a) a church or a building or part of a building licensed under section 43(1) of the Mission and Pastoral Measure 2011(1),

(b) a churchyard or part of a churchyard, or

(c) land adjacent to property of a description referred to in sub-paragraph (a) or (b).

(5) In paragraph (4), “church” has the same meaning as in the Mission and Pastoral Measure 2011 (see section 106(1) of that Measure).

(1)

2011 No. 3.