A Measure passed by the National Assembly of the Church of England. To make further provision in relation to diocesan stipends funds established by the Reorganisation Areas Measure, 1944, and the Pastoral Reorganisation Measure, 1949, and for that purpose to amend those Measures and for purposes connected therewith.
[26th March 1953]
The diocesan board of finance of each diocese shall keep two accounts for the diocesan stipends fund, namely, a capital account and income account.]
Textual Amendments
F1S. 1 and sidenote substituted (1.1.2001) by 2000 Measure No. 1, ss. 1(1)(a), 4, Sch. 2 para. 2; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F2. . . The [F3diocesan board of finance of each diocese shall]:—
(a)allocate to the capital account of [F4the] diocesan stipends fund—
F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)any legacy not expressly directed or declared to be applicable as income and any donation or other contribution expressly directed or declared to be applicable as capital which may from time to time be received for the credit of or be allocated to that fund under the provisions of [F6a pastoral scheme made under the Pastoral Measure 1983 or any other scheme having effect as if it were such a scheme]; and
(iii)any other money or property received for the credit of that fund which the [F7diocesan board of finance after consultation with the bishop] may determine to be of a capital nature; and
[F8(iv)any moneys standing to the credit of the income account of the fund which the [F9diocesan board of finance decides] to transfer to the capital account of that fund; and]
(b)allocate to the income account of [F10the] diocesan stipends fund—
F11(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)any legacy expressly directed or declared to be applicable as income and any donation or other contribution not expressly directed or declared to be applicable as capital which may from time to time be received for the credit of or be allocated to that fund under the provisions of [F12a pastoral scheme made under the Pastoral Measure 1983 or any other scheme having effect as if it were such a scheme];
(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
F11(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)any other money or property received for the credit of that fund which the [F14diocesan board of finance after consultation with the bishop] may determine to be applicable as income.
Textual Amendments
F2Words in s. 2 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
F3Words in s. 2 substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F4Word in s. 2 substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(i); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F5S. 2(a)(i) omitted (1.1.2001) by virtue of 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(ii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F6Words in s. 2(a)(ii) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(iii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F7Words in s. 2(a)(iii) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(iv); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F8S. 2(a)(iv) inserted by Endowments and Glebe Measure 1976 (No. 4), s. 35(1)
F9Words in s. 2(a)(iv) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(v); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F10Word in s. 2(b) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(i); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F11S. 2(b)(i)(iv) omitted (1.1.2001) by virtue of 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(ii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F12Words in s. 2(b)(ii) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(iii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F13S. 2(b)(iii) repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8
F14Words in s. 2(b)(v) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(iv); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
Textual Amendments
F15S. 3 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
[F164(1)Subject to any charges imposed on the capital of the diocesan stipends fund of a diocese by any enactment or any scheme or order made under any enactment, moneys standing to the credit of the capital account of that fund may, at the discretion of the [F17diocesan board of finance with the concurrence of the bishop], be applied for any or all of the following purposes:—
(a)the acquisition of any land to be held by the board as part of the diocesan glebe land of the diocese;
[F18(aa)investment in any subsidiary of the board under a scheme made under section 19A of the Endowments and Glebe Measure 1976;]
(b)the development or improvement of any such land and the safeguarding of the amenities thereof;
[F19(ba)participation in any collective investment scheme operated for the purposes of this paragraph by the Commissioners;
(bb)investment in any investments fund or deposit fund constituted under the Church Funds Investment Measure 1958;
(bc)investment under the powers conferred on a trustee by the Trustee Investments Act 1961, as relaxed or extended by any order or regulations made under section 70 or 71 of the Charities Act 1993;]
(c)the discharge of any expense of a capital nature levied under any enactment and payable by the diocesan board of finance as the person for the time being entitled to the interest in any such land by reference to which the expense was levied;
(d)the discharge of any principal or interest owing in respect of any loan made in respect of any such land; and
[F20(dd)the provision or improvement of parsonage houses;]
(e)the discharge of any principal or interest owing in respect of any loan made to the board by the Commissioners under section 36 of the M1Endowments and Glebe Measure 1976.
(2)In this section “development”, in relation to a building, includes the division or demolition thereof and “diocesan glebe land” has the same meaning as in the M2Endowments and Glebe Measure 1976.]
Textual Amendments
F16S. 4 substituted by Endowments and Glebe Measure 1976 (No. 4), s. 35(2)
F17Words in s. 4(1) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 4(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F18S. 4(1)(aa) inserted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 4(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F19S. 4(1)(ba)(bb)(bc) inserted (1.1.1999) by 1998 No. 1, ss. 13(1), 15, Sch. 5 para. 1(a); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F20S. 4(1)(dd) inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 6; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
Modifications etc. (not altering text)
C1S. 4 restricted by Endowments and Glebe Measure 1976 (No. 4), s. 37(2)
Marginal Citations
(1)Subject to any charges imposed on the income of the diocesan stipends fund of a diocese by any enactment or any scheme or order made thereunder, moneys standing to the credit of the income account of that fund shall be applied—
(a)in providing or augmenting the stipends or other emoluments of incumbents, assistant curates licensed under seal and other persons who are declared by the bishop to be engaged in the cure of souls within the diocese;
[F22(aa)in meeting expenses incurred in repairing and maintaining parsonage houses;] and
[F23(ab)in paying secondary Class 1 contributions under section 6 of the Social Security Contributions and Benefits Act 1992 in respect of ministers of the Church of England who are not employed under a contract of service; and]
(b)in defraying the expenses incurred by the sequestrators of any benefice in the diocese in the discharge of their functions.
(2)The said moneys shall be so applied in accordance with directions from time to time given, with the concurrence of the Diocesan Board of Finance, by the bishop or a person duly authorised for that purpose by him.
(3)Any directions which the bishop or the person so authorised gives under subsection (2) above with respect to the application of the said moneys in providing or augmenting the stipends or other emoluments of the persons mentioned in subsection (1) above shall be consistent with any directions given by the Commissioners, in the exercise of their functions as the Central Stipends Authority, with respect to the forms and levels of the pay of those persons.
(4)Subject to subsection (3) above, the bishop or the person so authorised shall, in determining the directions to be given under subsection (2) above, have regard to any advice given by the [F24Archbishops’ Council] with respect to the application of the said moneys.]
Textual Amendments
F21S. 5 substituted by Endowments and Glebe Measure 1976 (No. 4), s. 9
F22S. 5(1)(aa) inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 7; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
F23S. 5(1)(ab) inserted (1.1.1999) by 1998 No. 1, ss. 13(1)(b), 15; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F24Words in s. 5(4) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 5(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
Modifications etc. (not altering text)
C2S. 5 restricted by Endowments and Glebe Measure 1976 (No. 4), s. 37(2)
Textual Amendments
F25S. 6 repealed by Pastoral Measure 1968 (No. 1), Sch. 9
So soon as may be after the close of every year the [F26diocesan board of finance of each diocese shall furnish to the Commissioners and the Archbishops’ Council a duly audited copy of the capital account and the income account of the diocesan stipends fund in such form as that Council may prescribe].
Textual Amendments
F26Words in s. 7 substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 6; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
(1)In this Measure the following expressions have the meanings hereby respectively assigned to them:—
“the appointed day” means the first day of April next following the passing of this Measure.
“theMeasure of 1944” means the Reorganisation Areas Measure 1944.
“theMeasure of 1949” means the Pastoral Reorganisation Measure 1949.
“the bishop” means the bishop for the time being of the diocese concerned . . . F27
“the diocesan board of finance” means the diocesan board of finance of the diocese concerned.
[F28“parsonage house” has the same meaning as in the Endowments and Glebe Measure 1976]
(2)In paragraph (c) of sub-section (1) of section seventeen of the Measure of 1944 and in sub-section (7) of section five and sub-section (4) of section twelve of the Measure of 1949 and in this Measure the expression “year” means a period of twelve months beginning on the first day of April in any year and ending on the thirty-first day of March in the year following.
Textual Amendments
F27Words repealed by Church of England (Miscellaneous Provisions) Measure 1976 (No. 3), Sch. Pt. II
F28Definition in s. 8(1) inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para.8;Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
(1)Where in any diocese there is a board of finance which, though not duly constituted in accordance with the provisions of the M3Diocesan Boards of Finance Measure 1925 is recognised for the purpose of this Measure as being the diocesan board of finance, the provisions of this Measure shall apply in relation to that diocese as if the said board had been duly constituted.
(2)In this section the expression “recognised” means recognised by a certificate signed by the bishop and registered in the diocesan registry.
Marginal Citations
Sub-sections (2) and (3) of section thirty of the Measure of 1944 and sub-sections (2) and (3) of section eleven of the Measure of 1949 are hereby repealed.
Modifications etc. (not altering text)
C3The text of s. 10 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.
(1)This Measure may be cited as the Diocesan Stipends Funds Measure 1953.
(2)This Measure shall come into operation on the appointed day.