Part IIIE+W Miscellaneous and General

GeneralE+W

47 Interpretation.E+W

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

  • . . . F2

  • “benefice” includes all rectories with cure of souls, vicarages, perpetual curacies, endowed public chapels and parochial chapelries, and chapelries or districts belonging or reputed to belong or annexed or reputed to be annexed to any church or chapel, and districts formed for ecclesiastical purposes by virtue of statutory authority, and includes benefices in the patronage of the Crown or of the Duchy of Cornwall;

  • “contingent rentcharge” means tithe rentcharge issuing out of lands exempted by virtue of section seventy-one of the M1Tithe Act, 1836, from the payment thereof whilst in the occupation of the owner of the lands or otherwise subject to special incidents;

  • “district” means the parish or other district treated as a separate district for the commutation of tithes under the Tithe Act, 1836;

  • “ecclesiastical corporation” has the meaning assigned to it by the M2Episcopal and Capitular Estates Act, 1851;

    . . . F3

  • “extraordinary tithe rentcharge” means a rentcharge payable under the M3Extraordinary Tithes Acts, 1886 M4 and 1897;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

  • “instrument of apportionment” means an instrument of apportionment made and confirmed, or an instrument of altered apportionment made, under the Tithe Acts, and includes a certificate of capital value sealed under the Extraordinary Tithes Acts, 1886 and 1897, and a map annexed to any such instrument or certificate or detached therefrom under section twenty-six of the Tithe Act, 1860;

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

  • “prescribed” means prescribed by rules made by the Commission . . . F5;

    . . . F6

  • “re-apportioned rentcharge” means a tithe rentcharge which has been re-apportioned by the authority for the time being exercising jurisdiction in that behalf under the Tithe Acts, or which has, before the first day of April, nineteen hundred and thirty-three, been re-apportioned, as between lands identified by numers in an instrument of apportionment, by the owners of the rentcharge and of the lands and has been recovered on the basis of such re-apportionment;

  • “stock” means redemption stock;

  • “Tithe Acts” means the Tithe Acts, 1836 to 1925;

  • “tithe rentcharge” means tithe rentcharge issuing out of lands and payable in pursuance of the Tithe Acts, and includes a rentcharge into which a corn rent was converted under those Acts, and also (except in such portions of this Act as do not have effect in relation to extraordinary tithe rentcharge) extraordinary tithe rentcharge, but does not include a rentcharge payable under the M5Tithe Act, 1860, in respect of the tithes on any gated or stinted pasture, nor a sum or rate payable for each head of cattle or stock turned on land subject to common rights or held or enjoyed in common.

(2)In this Act, unless the context otherwise requires, in relation to a re-apportioned rentcharge, references to a tithe rentcharge shall be construed as references to each of the rentcharges resulting from the re-apportionment, and references to the land out of which a tithe rentcharge issued shall be construed as references to the lands respectively on which those rentcharges were reapportioned.

(3)References in this Act to the amount of a tithe rentcharge shall be construed as references to the apportioned or par amount thereof.

(4)In calculating for the purposes of this Act the amount . . . F7or of any sum payable on account of tithe rentcharge, fractions of a penny less than a halfpenny shall be disregarded, and fractions of a penny amounting to a halfpenny or more shall be treated as a whole penny.

Textual Amendments

F2Definitions repealed by Tithe Act 1951 (c. 62), Sch. 2

F5Words repealed by the Tithe Act 1951 (c. 62), Sch. 2

F7Words repealed by Finance Act 1977 (c. 36, SIF 98:5), s. 59(5), Sch. 9 Pt. V and by Finance Act 1989, (c. 26, SIF 63:2, 98:5, 99:3), s. 187(2), Sch. 17 Pt. XIV

Marginal Citations