Repair of Benefice Buildings Measure 1972

SCHEDULES

Section 34.

SCHEDULE 1 E Transitional Provisions

1 E On the transfer of functions from a Diocesan Dilapidations Board to the Board under section 29 of this Measure,—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the secretary and other officers of the Diocesan Dilapidations Board shall become the secretary and officers of the Board, and shall not be in a worse position, as respects their remuneration and terms of service;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) all reports, orders, assessments, rates, consents, notices, and other things made, given or done by or to the Diocesan Dilapidations Board shall, if in force, continue in force until the appointed day (and thereafter so far as provided by the following provisions of this Schedule), as if they had been made, given or done by or to the Board;

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 1(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

F2 Sch. 1 para. 1(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

F3 Sch. 1 para. 1(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

2 (1) The following provisions of this Schedule shall have effect on the day appointed for the coming into operation of this Measure in any diocese. E

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The sums apportioned to glebe buildings under section 18(1) of this Measure shall be applied as follows:—

(a) the sums in the Insurance Account of any benefice shall be paid to the Board and be held by them in a separate account and applied for the purpose of paying premiums under any insurance policy effected under section 12 of this Measure in respect of the glebe buildings of the benefice;

(b) the sums in the Repair Accounts and the Deferred Repair Accounts shall be retained in the said Accounts, and section 32 of the M1 Ecclesiastical Dilapidations Measure 1923, section 10 of the M2 Ecclesiastical Dilapidations (Amendment) Measure 1929 (so far as it relates to the said section 32) and section 3 of the M3 Ecclesiastical Dilapidations Measures 1923 to 1929 (Amendment) Measure 1951 shall continue to apply to the sums in the said Accounts of any benefice so as to enable them to be disbursed or paid in respect of repairs to glebe buildings ordered by the Board under section 21 of the M4 Ecclesiastical Dilapidations Measure 1923 or section 6 or section 8 of this Measure, and any sums remaining in the said Accounts of any benefice at the end of five years from the appointed day may be paid to the incumbent or otherwise applied for the benefit of the benefice as the Commissioners after consultation with the Board may decide:

Provided that a scheme made by a diocesan synod under section 7 of this Measure may require the sums held in the said Repair Accounts of any benefice in the diocese at the time when the scheme comes into operation to be paid into the separate account kept by the Board for that benefice under the scheme.

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Section 46 of the M5 Ecclesiastical Dilapidations Measure 1923, and any provisions applied by that section, shall continue in force as respects any order made before the appointed day; section 48 of that Measure shall continue in force as respects anything done before the appointed day; section 49 of that Measure, and any list compiled thereunder, shall continue in force until the first inspection and report on the buildings of the benefice under this Measure; and anything done under section 50 or section 51 of that Measure before the appointed day shall, so far as it could have been done under the corresponding provisions of this Measure, continue in force and have effect as if it had been so done.

Textual Amendments

F4 Sch. 1 para. 2(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

F5 Sch. 1 para. 2(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

F6 Para. 2(4) repealed with saving by Endowments and Glebe Measure 1976 (No. 4), Sch. 6 para. 3, Sch. 8

F7 Sch. 1 para. 2(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

F8 Sch. 1 para. 2(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

F9 Sch. 1 para. 2(8) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Marginal Citations

M1 1923 No. 3.

M2 1929 No. 3.

M3 1951 No. 3.

M4 1923 No. 3.

M5 1923 No. 3.

F10 3 E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 1 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(2)

Section 35.

SCHEDULE 2 E Acts and Measures Repealed

Modifications etc. (not altering text)

C1 The text of s. 35 and Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Session & Chapter	Short Title	Extent of Repeal
17 Geo. 3. c. 53.	The Clergy Residences Repair Act 1776.	Sections 5 and 9.
1 & 2 Vict. c. 106.	The Pluralities Act 1838.	SEctions 41, 62 to 69 and 72.
34 & 35 Vict. c. 43.	The Ecclesiastical Dilapidations Act 1871.	The whole Act.
35 & 36 Vict. c. 96	The Ecclesiastical Dilapidations Act 1872.	The whole Act.
47 & 48 Vict. c. 67.	The Improvements of Lands (Ecclesiastical Benefices) Act 1884.	The whole Act.
14 & 15 Geo. 5. No. 3.	The Ecclesiastical Dilapidations Measure 1923.	The whole Measure, except section 52 and any interpretation and othersupplementary provisions applicable thereto
19 & 20 Geo. 5. No. 3.	The Ecclesiastical Dilapidations (Amendment) Measure 1929.	The whole Measure, except section 18.
1 & 2 Geo. 6. No. 3.	The Parsonages Measure 1938.	In section 5(2) the words “or repaired wholly or in part by means of aloan made by Queen Anne’s Bounty under the Ecclesiatical DilapidationsMeasures 1923 to 1929”.
3 & 4 Geo. 6. No. 3.	The Benefices Buildings (Postponment of Inspections and Repayments ofLoans) Measure 1940.	The whole Measure.
1951 No. 3.	The Ecclesiastical Dilapidations Measures, 1923 to 1929 (Amendment)Measure 1951.	The whole Measure.
1963. No. 1.	The Ecclesiastical Jurisdiction Measure 1963.	In section 6(1)(d) the words “or forty one”, and in section 72(2) thewords “and such part of the assessment in respect thereof under theEcclesiatical Dilapidations Measure 1923 to 1951 as the DiocesanDilapidations Board may decide to be reasonable”.