Incumbents and Churchwardens (Trusts) Measure 1964

1 Interpretation. E

In this Measure—

• “Custodian trustee” has the same meaning as in the M1 Public Trustee Act 1906;

• “Diocesan authority” means the diocesan board of finance or any existing or future body appointed by the diocesan conference to act as trustees of diocesan trust property;

• “Endowments of the benefice” includes the parsonage house and the glebe of the benefice together with all appurtenances and easements thereof and any land or personal property held by the incumbent under the M2 Parsonages Measure 1938, and all incorporeal hereditaments belonging to the benefice.

• “Incumbent” includes any minister with a separate cure of souls but shall not include a curate in charge of a conventional district;

• “Incumbent or churchwardens” means any incumbent and the churchwardens of the parish comprising the benefice of that incumbent or of any parish comprised in any united benefice of that incumbent and shall be deemed to refer to them or any of them jointly or severally;

• “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 and a rent and other incorporeal hereditaments and an easement, right, privilege or benefit in, over or derived from land; but not an advowson F1 . . ., and “hereditament”, “manor”, and “mines and minerals” shall bear the meanings assigned to them by paragraph (ix) of subsection (1) of section two hundred and five of the M3 Law of Property Act 1925;

• “Parish” means an ecclesiastical parish or district, whether old or new, the Minister of which has a separate cure of souls therein and includes each parish which remains a separate parish, in cases where a scheme of union provides for the union of benefices but not of parishes, but shall not include a parish whereof the parish church is a cathedral.

• “Permanent trusts” means any trust of property which is a permanent endowment within the meaning of [F2 section 96(3) of the Charities Act 1993].

Textual Amendments

F1 Words in s. 1 repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F2 Words in s. 1 substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 7.

Marginal Citations

M1 1906 c. 55.

M2 1938 No. 3.

M3 1925 c. 20.