Statutory Instruments

1981 No. 232

TITHES

The Tithe Records (Transfer of Custody) Order 1981

Laid before Parliament in draft

Made

18th February 1981

Coming into Operation

2nd March 1981

At the Court at Buckingham Palace, the 18th day of February 1981

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament in accordance with section 11(3) of the Tithe Act 1951(1) and a period of forty days beginning with the day of laying has expired:

Now, therefore, Her Majesty, in exercise of the powers conferred by section 11 of the Tithe Act 1951, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Tithe Records (Transfer of Custody) Order 1981.

(2) This Order shall come into operation on 2nd March 1981.

2. In this Order “tithe records” means all such records and documents as are open to inspection under section 7(2) of the Tithe Act 1951.

3.—(1) All tithe records shall be kept in the Public Record Office.

(2) Accordingly, in relation to tithe records section 7 of the Tithe Act 1951 shall have effect with the following modifications—

(a)in subsection (2), for the words from “officer of the Commission” to the end of the subsection there shall be substituted the words “officer of the Public Record Office”;

(b)in subsection (3), the reference to any document kept in the custody of the Commission as therein mentioned shall include a reference to any tithe record kept in the Public Record Office, and the reference to an officer of the Commission shall include a reference to an officer of the Public Record Office.

4. Article 3 of the Tithe Apportionments (Transfer of Custody) Order 1966 (which makes provision similar to that in Article 3 above in relation to certain tithe records previously transferred to the Public Record Office) shall cease to have effect.

N.E. Leigh

Clerk of the Privy Council

EXPLANATORY NOTE

This Order transfers to the Public Record Office tithe records at present in the custody of the Commissioners of Inland Revenue, and adapts the provisions of the Tithe Act 1951 relating to the furnishing and effect of certified copies and extracts.

(1)

the functions of the Tithe Redemption Commission under the Act were transferred to the Commissioners of Inland Revenue by S.I. 1959/1971.