Local Government Act 1894

75 Construction of Act. E+W

(1) The definition of “parish” in section one hundred of the M1 Local Government Act, 1888, shall not apply to this Act, but, save as aforesaid, expressions used in this Act shall, unless the context otherwise requires, have the same meaning as in the said Act.

(2) In this Act, unless the context otherwise requires—

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• The expression “ecclesiastical charity” includes a charity, the endowment whereof is held for some one or more of the following purposes:—

  (a)

  for any spiritual purpose which is a legal purpose; or

  (b)

  for the benefit of any spiritual person or ecclesiastical officer as such; or

  (c)

  for use, if a building, as a church, chapel, mission room, or Sunday school, or otherwise by any particular church or denomination; or

  (d)

  for the maintenance, repair, or improvement of any such building as aforesaid, or for the maintenance of divine service therein; or

  (e)

  otherwise for the benefit of any particular church or denomination, or of any members thereof as such.

• Provided that where any endowment of a charity, other than a building held for any of the purposes aforesaid, is held in part only for some of the purposes aforesaid, the charity, so far as that endowment is concerned, shall be an ecclesiastical charity within the meaning of this Act; and the [F3 Charity Commission] shall, on application by any person interested, make such provision for the apportionment and management of that endowment as seems to [F4 it] necessary or expedient for giving effect to this Act.

• The expression shall also include any building which in the opinion of the [F5 Charity Commission] has been erected or provided within forty years before the passing of this Act mainly by or at the cost of members of any particular church or denomination.

• The expression “affairs of the church” shall include the distribution of offertories or other collections made in any church.

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• The expression “vestry” in relation to a parish means the inhabitants of the parish whether in vestry assembled or not, and includes any select vestry either by statute or at common law.

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• The expression “local and personal Act” includes a Provisional Order confirmed by an Act and the Act confirming the Order.

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Textual Amendments

F1 Definition of “population” repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

F2 Definition repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

F3 Words in s. 75(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 9(2)(a); S.I. 2007/309, art. 2, Sch.

F4 Word in s. 75(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 9(2)(b); S.I. 2007/309, art. 2, Sch.

F5 Words in s. 75(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 9(3); S.I. 2007/309, art. 2, Sch.

F6 Definition of “rateable value” repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

Marginal Citations

M1 1888 c. 41.