Endowments and Glebe Measure 1976

11 Extinguishment of certain trusts. U.K.

(1) Subject to subsections (3) and (4) below, where immediately before the appointed day any property is held by the Commissioners on trust for the purpose of providing or augmenting the stipend or other emoluments of any one or more of the following persons, that is to say—

(a) the incumbent of a benefice,

(b) the holder of an archdeaconry, and

(c) an assistant curate or clerical or lay assistant in a parish,

the property shall on and after that day be held by the Commissioners as part of their corporate property freed and discharged from that trust.

(2) Subject to subsections (3) and (4) below, where any property is held by any other persons on trust for the purposes mentioned in subsection (1) above, the trustees may on or after the appointed day, with the consent of the Charity Commissioners, transfer the property to the Commissioners to be held by them as part of their corporate property freed and discharged from that trust.

(3) Subsections (1) and (2) above shall not apply in relation to any property held on trusts which provide that at the discretion of the trustees the property or the income arising therefrom may be applied for a purpose other than that mentioned in subsection (1) above or provide that on the occurrence of a specified event or the failure to comply with a specified condition the property or the said income shall be applied for a purpose other than that so mentioned or provide for a gift over of the property to persons, other than the Commissioners, on such an occurrence or failure.

(4) Subsection (1) above shall not apply in relation to property held by the Commissioners under or by virtue of any Act listed in Part I of Schedule 2 to this Measure and subsection (2) above shall not apply in relation to property held by any person under or by virtue of the Acts listed in Part II of that Schedule.

(5) The Commissioners shall allocate to the capital account of the diocesan stipends fund of the appropriate diocese—

(a) any property which by virtue of subsection (1) above is to be held by them freed and discharged from the trusts on which it was previously held, except any property so held on trusts directed to the benefit of a particular benefice, a particular archdeaconry or a particular parish; and

(b) any property which is transferred to the Commissioners under subsection (2) above.

The appropriate diocese for the purpose of this subsection is the diocese to which any benefice, archdeaconry or parish which is qualified to benefit from the trust in question belongs, and where there are two or more such benefices, archdeaconries or parishes belonging to different dioceses, the Commissioners may apportion the property between those dioceses or such of them, and in such manner, as the Commissioners may determine and allocate part of the property accordingly.