Pastoral Measure 1983 (repealed)

Redundancy provisions in pastoral schemes E

46 Provision by pastoral scheme for appropriation or demolition of redundant church to be replaced by new church. E

(1) Where the Commissioners are satisfied that a new church or place of worship is to be provided in the area of a benefice to take the place of a church or churches in that area which should thereupon be declared redundant, then, if any one of the four conditions set out in subsections (3) to (6) is fulfilled as respects the church or any of the churches to be declared redundant, a pastoral scheme which makes a declaration of redundancy in respect of that church may further provide—

(a) for the appropriation of the redundant building in accordance with section 51(1)(a) or for its demolition, and for any of the matters mentioned in section 51(2), (3) or (4);

(b) for the payment to the Commissioners of the proceeds of any sale or exchange of the building or the site thereof, or any part of the building or site, with or without any land annexed or belonging thereto, and the premiums on any lease or licence of the building or site or any part of the building or site with or without any such land; and

(c) subject to subsection (8), for the application of the net proceeds and net premiums to defray the cost of providing the new church or place of worship aforesaid and, if the whole amount thereof is not required for that purpose, for the payment of two-thirds of the balance to the diocesan pastoral account and for the application by the Commissioners of the remaining one-third in accordance with section 52.

(2) A pastoral scheme which provides for the demolition of a redundant building may provide for its demolition by the diocesan board of finance, and in that case subsection (1)(a) shall have effect as if the reference therein to section 51(4) were a reference to that subsection modified by substituting for the words “the Commissioners”, wherever occurring, the words “the diocesan board of finance.”

(3) The first condition referred to in subsection (1) is that the Commissioners have been advised by the Advisory Board that the Board are satisfied that the church to be declared redundant is of such small historic and archaeological interest, or has such little architectural quality, or requires such extensive structural repair, that the demolition of that church would not in their opinion be objectionable on any or all of those grounds.

(4) The second such condition is that the Commissioners have been advised by the Advisory Board that the Board are satisfied with a proposal to preserve features of historic interest or architectural quality of the church to be declared redundant by incorporating them in the new church or place of worship or some other building.

(5) The third such condition is that the Commissioners, having considered the advice given by the Advisory Board and notwithstanding that advice, are satisfied that for reasons regarded by them as sufficient the demolition of the church to be declared redundant should be authorised.

(6) The fourth such condition is that the Commissioners, having considered the advice given by the Advisory Board, are satisfied that a suitable use or uses will be available for the church to be declared redundant when the declaration takes effect.

(7) Where a pastoral scheme makes such provision as is mentioned in subsection (1), the declaration of redundancy shall not take effect until the new church or place of worship is provided unless the Commissioners are satisfied that, if the church or any of the churches to be replaced is disposed of or demolished before such provision, a suitable building will be available in the interim period, not necessarily in the same parish, for use in place of that church.

(8) Where before a declaration of redundancy is made by a pastoral scheme under this section in respect of a church which was the subject of a sharing agreement under the M1 Sharing of Church Buildings Act 1969 and which on the termination of the agreement was vested in an incumbent by section 9(3) of that Act, any contribution in the nature of capital made in accordance with the agreement by any party thereto, other than a party acting on behalf of the Church of England, or so much thereof as the Commissioners may determine, may be repaid to that party by the Commissioners out of the proceeds of any sale or exchange, or the premiums on any lease or licence, of that church, any part of that church or the site thereof before the net proceeds or net premiums, as the case may be, are applied in accordance with subsection (1)(c).

(9) References in this section to the provision of a new place of worship shall be construed as including references to the provision of such a place by adapting, improving or repairing an existing building.

(10) In this section “place of worship” means a building licensed by the bishop for public worship in accordance with the rites and ceremonies of the Church of England, being a building used wholly for the purposes of such worship and purposes ancillary thereto, or partly for those purposes and partly for other ecclesiastical purposes of the parish or purposes ancillary thereto, and includes a building which, pursuant to an agreement under the M2 Sharing of Church Buildings Act 1969, is to be used as a place of worship jointly with another church and is to be owned by the Church of England only or to be jointly owned by that Church and any other Church.

Marginal Citations

M1 1969 c. 38.

M2 1969 c. 38.

47 Other provision by pastoral scheme for redundant church. E

(1) Where a pastoral scheme makes a declaration of redundancy in respect of any church or part of a church, not being a case to which section 46 applies, and the Commissioners are satisfied that a suitable use or uses will be available for the redundant building when the declaration takes effect, the pastoral scheme may provide for the appropriation of the redundant building to the said use or uses, and may make further provision for any of the matters mentioned in section 51(2) and section 51(5)-(11) shall apply.

(2) Where a pastoral scheme makes a declaration of redundancy in respect of any church or part of a church and the Commissioners are satisfied that no suitable or appropriate alternative use will be available for the redundant building when the declaration takes effect, then, if it appears to the Commissioners

[F1 (a) after consultation with the Advisory Board that the building is of such historic and archaeological interest or architectural quality that it ought to be preserved in the interests of the nation and the Church of England; and

(b) that the Redundant Churches Fund will have the resources to meet the cost of repairing and maintaining it,

the scheme may provide for its care and maintenance by the Fund.]

(3) Where a pastoral scheme provides for the care and maintenance of a redundant building or any part thereof by the said Fund, the scheme may also provide for the care and maintenance by the Fund of the whole or any part of the land annexed or belonging to the building or the church of which the building is part, and may so provide notwithstanding that the land is or has been used for burials.

Textual Amendments

F1 Words in s. 47(2) substituted (1.4.1994) by 1994 No. 1, s. 3; Instrument dated 25.3.1994 made by Archbishops of Canterbury and York.

48 No other cases to be dealt with by pastoral scheme. E

Except in the cases specified in sections 46 and 47 and without prejudice to the provisions relating to the restoration of a redundant building to use as a church, no further provision beyond the declaration of redundancy itself shall be made by a pastoral scheme with respect to the redundant building, but such provision shall be made by the following provisions of this Part and schemes made and confirmed thereunder (in this Measure referred to as “redundancy schemes”).