Endowments and Glebe Measure 1976

Provisions with respect to glebe land U.K.

15 Transfer of glebe land to Diocesan Boards of Finance. U.K.

(1) Any glebe land which immediately before the appointed day is, or if the benefice were full would be, vested in right of his benefice in the incumbent of any benefice shall on that day and without any conveyance or other assurance vest by virtue of this section in the Diocesan Board of Finance for the diocese to which the benefice belongs freed and discharged from any previously existing trusts and charges in favour of any other benefice and any previously existing charge to which section 37(3) of this Measure relates, but in other respects—

(a) subject to, and with the benefit of, any other previously existing trusts and charges, any previously existing tenancies and any covenants, conditions, agreements, easements and rights to which that land is subject and of which it has the benefit immediately before that day, and

(b) subject to all such rights in the nature of easements as are necessary for the reasonable enjoyment of any parsonage land belonging to the benefice or any church land, being rights which were formerly exercisable by the incumbent of the benefice in right of his benefice.

(2) Such rights as are referred to in paragraph (b) of subsection (1) above shall on and after the appointed day take effect by virtue of this section as legal easements appurtenant to the land referred to in that paragraph.

(3) Without prejudice to subsection (1) above, there shall on the appointed day vest in a Diocesan Board of Finance by virtue of this section and without any conveyance or other assurance all such rights in the nature of easements over any parsonage land belonging to the benefice in question or any church land as are necessary for the reasonable enjoyment of any land which by virtue of that subsection is vested in that Board, being rights which were formerly exercisable by the incumbent of the benefice in right of his benefice.

(4) If there is a dispute between a Diocesan Board of Finance and an incumbent or sequestrators as to the land or any right which vests in the Board by virtue of this section, or as to any covenant, condition, agreement, easement or right to which any such land was subject or of which it had the benefit immediately before the appointed day, it shall be decided by the Commissioners whose decision shall be final and shall bind both parties to the dispute and any future incumbent of the benefice in question.

(5) Any decision of the Commissioners under this section shall be evidenced by an instrument under their seal.

16 Diocesan Board of Finance may require incumbent, etc. to furnish information as to glebe land. U.K.

(1) The Diocesan Board of Finance for any diocese may from time to time require the incumbent, or the sequestrators, of any benefice belonging to that diocese—

(a) to furnish the Board with such information relating to any land which forms, or has at any time formed, part of the glebe land of the benefice as the Board requires to enable it to discharge its functions under this Measure;

(b) to produce to the Board such documents in his or their possession, or under his or their control, concerning that land as the Board may specify or describe;

and any person to whom a requirement under this subsection is directed shall comply with the requirement.

(2) A Diocesan Board of Finance shall, as respects any land which forms part of the glebe land of a benefice belonging to the diocese and which is subject to a lease, have the same right to require the lessee of that land to furnish the Board with any information it needs relating to that lease as the Board would have if it were the person to whom the rent payable under the lease is for the time being payable.

F1 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E

Textual Amendments

F1 S. 17 repealed (1.1.2001) by 2000 Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

18 Means by which land may become diocesan glebe land. E

(1) A Diocesan Board of Finance may F2 . . . acquire land to be held as part of the diocesan glebe land of the diocese.

(2) Subject to subsection (3) below, a Diocesan Board of Finance may, with the consent F2 . . . of the [F3 Charity Commission], appropriate for use as diocesan glebe land of the diocese any land vested in the Board, and any land appropriated under this subsection shall be held by the Board as part of such land.

(3) Where any land is vested in a Diocesan Board of Finance pursuant to section 6(2) of the M1 Parochial Church Councils (Powers) Measure 1956 or section 3 of the M2 Incumbents and Churchwardens (Trusts) Measure 1964, no appropriation of that land under subsection (2) above shall be made without the consent of the parochial church council concerned or the managing trustees of that land, as the case may be.

(4) In subsection (1) of section 17 of the M3 New Parishes Measure 1943 (powers of Commissioners and incumbent to sell, etc. land not longer required), the word “and” at the end of paragraph (c) shall be omitted and after that paragraph there shall be inserted the following paragraph :—

“(cc) if the Diocesan Board of Finance for the diocesse in which that land or building is situated agrees to accept the transfer, to transfer that land or building or any part thereof to that Board, the land or building or part thereof to be held by the Board as part of the diocesan glebe land of the diocese ; and”.

(5) In subsection (3) of the said section 17 (restriction on appropriation or transfer of land acquired by gift or for nominal consideration), after the words “paragraph (c)” there shall be inserted the words “or (cc)”.

(6)—(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F2 Words in s. 18(1)(2) omitted (1.1.2001) by virtue of 2000 Measure No. 1, s. 8, Sch. 5 para. 3; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F3 Words in s. 18(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 60; S.I. 2007/309, art. 2, Sch.

F4 S. 18(6)(7) repealed by Pastoral (Amendment) Measure 1982 (No. 1, SIF 21:4), s. 24(2)

Modifications etc. (not altering text)

C1 The text of ss. 9, 18(4)(5), 35, 38(1), 41, 44, 47(1)(4), Sch. 5 and Sch. 8 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

Marginal Citations

M1 1956 No. 3.

M2 1964 No. 2.

M3 1943 No. 1.

19 Diocesan glebe land to be held, etc. for benefit of diocesan stipends fund; schemes for management of such land. U.K.

(1) The diocesan glebe land of a diocese shall be held, managed and dealt with by the Diocesan Board of Finance for the benefit of the diocesan stipends fund of the diocese.

(2) Within such period after the passing of this Measure as the Commissioners may specify the Diocesan Board of Finance for every diocese shall prepare a scheme which makes provision as to the persons by whom and the manner in which the diocesan glebe land of the diocese is to be managed and as to the means by which the expenses of managing that land are to be met and submit the scheme to the Commissioners for their approval.

(3) Such a scheme may provide for the setting up of a committee or committees in accordance with the scheme to carry out such functions with respect to the management of the diocesan glebe land of the diocese as may be specified in the scheme, and any such committee may be the Parsonages Board for the diocese appointed under the M4 Repair of Benefice Buildings Measure 1972 or a committee constituted in accordance with a scheme under that Measure.

(4) Any such scheme may be varied, revoked or replaced by a subsequent scheme made by the Diocesan Board of Finance and approved by the Commissioners.

Marginal Citations

M4 1972 No. 2.

[F5 19A Section 19 schemes: subsidiaries. E

(1) A scheme made under section 19 above may provide for the setting up of a wholly owned subsidiary or subsidiaries of the Diocesan Board of Finance.

[F6 (2) Any such subsidiary shall, subject to the provisions of the scheme, have, with respect to the holding, managing and dealing with such diocesan glebe land as may be specified in the scheme or from time to time held by it, the same powers and duties as the Diocesan Board of Finance has with respect to diocesan glebe land held by the Board.]

[F7 (3) Any such subsidiary may—

(a) with the consent of the Diocesan Board of Finance acquire land to be held as part of the diocesan glebe land of the diocese; and

(b) with the consent of the Diocesan Board of Finance appropriate for use as diocesan glebe land of the diocese any land vested in the subsidiary and any land appropriated under this subsection shall be held by the subsidiary as part of such land.]]

Textual Amendments

F5 S. 19A inserted (1.1.2001) by 2000 Measure No. 1 , s. 8 , Sch. 5 para. 4 ; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F6 S. 19A(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) , s. 16(2) , Sch. 3 para. 4(a) ; 2006 No. 2 , Instrument made by Archbishops

F7 S. 19A(3) added (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) , s. 16(2) , Sch. 3 para. 4(b) ; 2006 No. 2 , Instrument made by Archbishops

20 Powers of Diocesan Boards of Finance to deal with diocesan glebe land. E

[F8 (1) Subject to the following provisions of this section, a Diocesan Board of Finance may with the consent of the Commissioners sell, exchange, lease, mortgage or otherwise deal with any diocesan glebe land of the diocese; and where the amenities of any land will be affected by the proposed transaction and the Board or the Commissioners think it necessary to do so in the interest of safeguarding those amenities they may, notwithstanding anything in section 19(1) above, include or require to be included such terms safeguarding those amenities as, having regard to all the circumstances, they consider reasonable and proper.]

[F9 (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.]

[F10 (2) The consent of the Commissioners shall not be required for a disposition of land to a subsidiary of the Diocesan Board of Finance for the purposes of a scheme made under section 19A above.

(2A) F11 ...without prejudice to [F12 subsections (1)(A) and (2)] above, the consent of the Commissioners shall not be required for a disposition of land if—

(a) the disposition is made to a person who is not a connected person or a trustee for, or nominee of, a connected person; and

(b) the requirements of subsection (2B) F13 ... below have been complied with in relation to it.

(2B) Except where the proposed disposition is the granting of such a lease as is mentioned in subsection (2C) below, the Diocesan Board of Finance must, before entering into an agreement for the sale or (as the case may be) for a lease or other disposition, of the land—

(a) obtain and consider a written report on the proposed disposition from a qualified surveyor instructed by and acting exclusively for the Board;

(b) advertise the proposed disposition for such period and in such manner as the surveyor has advised in his report (unless he has there advised that it would not be [F14 in] the best interests of the diocese to advertise the proposed disposition); and

(c) decide that it is satisfied, having considered the surveyor’s report, that the terms on which the disposition is proposed to be made (including any terms for safeguarding the amenities of the land) are the best that can be reasonably obtained for the diocese.

(2C) Where the proposed disposition is the granting of a lease for a term ending not more than seven years after it is granted (other than one granted wholly or partly in consideration of a fine), the Board must, before entering into an agreement for the lease—

(a) obtain and consider the advice on the proposed disposition of a person who is reasonably believed by the Board to have the requisite ability and practical experience to provide it with competent advice on the proposed disposition; and

(b) decide that it is satisfied, having considered that person’s advice, that the terms on which the disposition is proposed to be made (including any terms for safeguarding the amenities of the land) are the best that can reasonably be obtained for the diocese.]

[F15 (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.]

(3) If the Commissioners are satisfied—

(a) that the scheme for the management of the diocesan glebe land of a diocese which has been approved by them under the said section 19 is not being complied with, or

(b) that the scheme is not being so operated as to result in the efficient management of that land,

they may by notice in writing given to the Diocesan Board of Finance suspend the [F16 operation of such provisions of the scheme as may be specified in the notice].

(4) If a Diocesan Board of Finance on which a notice has been served under subsection (3) above satisfies the Commissioners that the scheme for the management of the diocesan glebe land of the diocese is being complied with or, as the circumstances require, that the Board has taken the action necessary to ensure that the scheme will thereafter be so operated as to result in the efficient management of that land, the Commissioners shall by notice in writing given to the Board cancel the suspension effected under subsection (3) above.

(5) [F17 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 ] the Board shall serve on the incumbent of the benefice in the parish of which the land to which the transaction relates is situated or, [F18 if the benefice is vacant—

(a) on the priest-in-charge of the benefice, in the event of a priest-in-charge being appointed for the benefice during a suspension period declared in respect of the benefice under section 67 of the Pastoral Measure 1983; or

(b) on the churchwardens of the parish, in any other case]

[F19 and on the parochial church council of that parish] a notice informing him or them of the nature of the proposed transaction, identifying the land to which it relates and the easements (if any) over any church land or parsonage land of which that land has the benefit F20 ....

(6) Where a transaction consists of the lease of diocesan glebe land which had it not become such land would be an excluded part of a parsonage house, a notice under subsection (5) above shall, if the benefice is vacant, be served on the bishop of the diocese as well as on the [F21 priest-in-charge or churchwardens of the parish, as the case may be]

[F22 (6A) Where a transaction is in respect of diocesan glebe land situated in the area of a benefice for which a team ministry is established, subsection (5) above shall have effect in relation to every vicar in the team ministry and, in the case of a house occupied by a member of the team, in relation to that member as it has effect in relation to the incumbent of the benefice.]

F23 (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) As a condition of giving their [F26 consent] to F27 ... any transaction under subsection (1) above the Commissioners may require the Board to include in the conveyance, deed of exchange, lease or other document such provisions, if any, as appear to them to be necessary to give effect to [F28 that transaction ].

(10) A statement in a document signed by the secretary or other duly authorised officer of the Commissioners that the Commissioners have [F26 consented to] F29 ...any transaction under subsection (1) above which is specified in the document shall be conclusive evidence that [F26 such consent has been obtained].

(11) A statement in a document giving effect to a transaction made by a Diocesan Board of Finance [F26 or any subsidiary of the Board under this section that all the requirements of the Measure with respect to the transaction have been complied with shall, if the document is sealed with the seal of the Board or the subsidiary or is signed on behalf of the Board [F30 or its subsidiary by a person duly authorised by the Board or its subsidiary, as the case may be,]] to act in its behalf, be conclusive evidence of that fact.

[F31 (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.]

[F32 (12) In this section the expressions “ connected person ” and “ qualified surveyor ” have the same meanings as in section 1 of the Parsonages Measure 1938. ]

Textual Amendments

F8 S. 20(1) substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. (5)(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F9 S. 20(1A) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(a); 2005 No. 2, Instrument made by Archbishops

F10 S. 20(2)(2A)(2B)(2C): by 2000 Measure No. 1, s. 8, Sch. 5 para. 5(b) it is provided that for subsection (2) there shall be substituted the subsections (2)(2A)(2B)(2C) reproduced in this version of this provision and by s. 20, Sch. 8 of that 2000 measure it is provided that subsection (2) is repealed; Sch. 5 and Sch. 8 of that 2000 measure are brought into force on 1.1.2001 by an Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F11 Words in s. 20(2A) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 11(2), 14(3); S.I. 2018/722, art. 2(d) (with Sch. para. 4)

F12 Words in s. 20(2A) substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 6(a), 13(2); 2010 No. 2, art. 3, Sch. 2

F13 Words in s 20(2A) omitted (1.9.2012) by virtue of Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 6(a), 13(2); 2010 No. 2, art. 3, Sch. 2

F14 Word in s. 20(2B)(b) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 3 para. 5(a); 2006 No. 2, Instrument made by Archbishops

F15 S. 20(2D) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(b); 2005 No. 2, Instrument made by Archbishops

F16 Words in s. 20(3) substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 5(c)(d); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F17 Words in s. 20(5) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(c); 2005 No. 2, Instrument made by Archbishops

F18 Words in s. 20(5) substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 13 (a); Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York

F19 Words in s. 20(5) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(c); 2005 No. 2, Instrument made by Archbishops

F20 Words in s. 20(5) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 11(3), 14(3); S.I. 2018/722, art. 2(d) (with Sch. para. 4)

F21 Words in s. 20(6) substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 13 (b); Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York

F22 S. 20(6A) inserted (1.5.1996) by 1995 Measure No. 1, s. 14(2); Instrument dated 12.2.1996 made by Archbishops of Canterbury and York

F23 S. 20(6B) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 11(1), 14(3); S.I. 2018/722, art. 2(d) (with Sch. para. 4)

F24 S. 20(7) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 11(1), 14(3); S.I. 2018/722, art. 2(d) (with Sch. para. 4)

F25 S. 20(8) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 11(1), 14(3); S.I. 2018/722, art. 2(d) (with Sch. para. 4)

F26 Words in s. 20(7)(8)(9)(10(11) substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 5(f)(g)(h)(i)(j); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F27 Words in s. 20(9) omitted (1.6.2005) by virtue of Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(f); 2005 No. 2, Instrument made by Archbishops

F28 Words in s. 20(9) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(f); 2005 No. 2, Instrument made by Archbishops

F29 Words in s. 20(10) omitted (1.6.2005) by virtue of Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(g); 2005 No. 2, Instrument made by Archbishops

F30 Words in s. 20(11) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 3 para. 5(c); 2006 No. 2, Instrument made by Archbishops

F31 S. 20(11A) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 2(h); 2005 No. 2, Instrument made by Archbishops

F32 S. 20(12) inserted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 5(k); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F33 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E

Textual Amendments

F33 S. 21 repealed (1.1.2001) by 2000 Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

22 Enforcement of restrictive covenants. U.K.

Where a Diocesan Board of Finance has sold, exchanged or leased any diocesan glebe land of the diocese and the document giving effect to the transaction contains a restrictive covenant imposed for the benefit of any church land or parsonage land, that covenant shall be enforceable by the Board as if it were the owner of that land.

23 Grant or appropriation of diocesan glebe land for certain purposes. E

[F34 (1) Notwithstanding anything in section 19(1) of this Measure, a Diocesan Board of Finance may exercise its powers under section 14 of the New Parishes Measure 1943 (power of certain bodies to grant buildings or land for any purpose mentioned in section 13 of that Measure) to grant or appropriate diocesan glebe land for any purpose specified in section 13(1).]

F35 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 S. 23(1) substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 6(2); S.I. 2014/1369, art. 2

F35 S. 23(2) repealed (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 6(3); S.I. 2014/1369, art. 2

F36 S. 23(3) repealed (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 6(3); S.I. 2014/1369, art. 2

24 [F37 Rent free homes on diocesan glebe land for those declared to be engaged in the cure of souls] E

Notwithstanding anything section 19(1) of this Measure, a Diocesan Board of Finance may permit a person [F38 declared by the bishop to be engaged in the cure of souls within the diocese] to reside in a dwelling house situated on the diocesan glebe land of the diocese without payment of any rent.

Textual Amendments

F37 S. 24 headnote substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 3; 2005 No. 2, Instrument made by Archbishops

F38 Words in s. 24 substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 3; 2005 No. 2, Instrument made by Archbishops

[F39 25 Moneys arising from dealings, etc. with diocesan glebe land. E

(1) Subject to subsection (2) below, the proceeds of, or the capital moneys arising from, any sale, exchange or other dealing with diocesan glebe land of a diocese, and any other payment in the nature of capital received in respect of such land, shall be paid to the Board and the amount so paid shall be allocated by the Board to the capital account of the diocesan stipends fund of that diocese.

(2) Where any diocesan glebe land of a diocese is subject to a mortgage and any estate or interest in that land is sold or exchanged by the Diocesan Board of Finance, any principal money or interest owing under the mortgage at the date of the completion of the transaction may be discharged by the Board out of the proceeds arising from the sale or exchange.

(3) The costs, charges and expenses of the related transaction shall be paid by the Board out of the capital account of the diocesan stipends fund.

(4) All rents or other periodical payments in the nature of income received in respect of the diocesan glebe land of the diocese, less so much of any such payments as is required to enable the Board or any subsidiary of the Board to meet any recurring outgoings attributable to that land or the expenses incurred in managing that land, together with any other payment in the nature of income received in respect of that land, shall be paid to the Board and, subject to subsection (5) below, allocated to the income account of the diocesan stipends fund.

(5) Any periodical or other payment for or in respect of mines and minerals vested in a Diocesan Board of Finance or any subsidiary of such a board as part of the diocesan glebe land of the diocese, other than surface rents, shall be treated as a payment in the nature of capital for the purposes of subsection (1) above.]

Textual Amendments

F39 S. 25 substituted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 6; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

26 Diocesan glebe land income and minerals accounts. E

(1) Every Diocesan Board of Finance shall open and thereafter keep—

(a) an account of the income of the Board arising from the diocesan glebe land of the diocese during the period to which the account relates and of the expenditure incurred by the Board during that period in meeting the recurring outgoings attributable to that land and the expenses of managing it; and

(b) an account of the periodical or other payments for or in respect of mines and minerals vested in the Board as part of the diocesan glebe land of the diocese, other than surface rents, received by the Board during the period to which the account relates and of the expenditure incurred by the Board during that period in respect of fees or other charges for services rendered in connection with the searching for, working and getting of such mines and minerals.

F40 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 S. 26(2) repealed (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 7(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F41 S. 26(3) repealed (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 3 para. 4, Sch. 5; 2005 No. 2, Instrument made by Archbishops

27 Commissioners to be informed of certain matters affecting diocesan glebe land. E

Every Diocesan Board of Finance shall keep the Commissioners informed of such matters as the Commissioners may from time to time prescribe, being matters arising from any notice given to the Board by a Governement department or local or public authority or public utility undertakers and affecting the diocesan glebe land of the diocese [F42 or matters concerning transactions affecting the diocesan glebe land].

Textual Amendments

F42 Words in s. 27 inserted (1.1.2001) by 2000 Measure No. 1, s. 8, Sch. 5 para. 8; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F43 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E

Textual Amendments

F43 S. 28 repealed (1.1.2001) by 2000 Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York