Incumbents and Churchwardens (Trusts) Measure 1964
| Jurisdiction | UK Non-devolved |
| Citation | measure 1964 No. 2 |
| Year | 1964 |
Incumbents and Churchwardens (Trusts) Measure 1964
1964
A MEASURE passed by the National Assembly of the Church of England to vest certain real and personal property held, acquired or administered upon charitable ecclesiastical trusts by incumbents and churchwardens jointly or severally and certain ecclesiastical corporations, in the diocesan authority and for purposes connected therewith.
[27th February 1964]
1 Interpretation.
In this Measure—
‘Custodian trustee’ has the same meaning as in the Public Trustee Act 1906;
‘Diocesan authority’ means the diocesan board of finance or any existing or future body appointed by the diocesan conference to act as trustees of diocesan trust property;
‘Endowments of the benefice’ includes the parsonage house and the glebe of the benefice together with all appurtenances and easements thereof and any land or personal property held by the incumbent under the Parsonages Measure 1938, and all incorporeal hereditaments belonging to the benefice.
‘Incumbent’ includes any minister with a separate cure of souls but shall not include a curate in charge of a conventional district;
‘Incumbent or churchwardens’ means any incumbent and the churchwardens of the parish comprising the benefice of that incumbent or of any parish comprised in any united benefice of that incumbent and shall be deemed to refer to them or any of them jointly or severally;
‘Land’ includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments also a manor and a rent and other incorporeal hereditaments and an easement, right, privilege or benefit in, over or derived from land; but not an advowson nor an undivided share in land, and ‘hereditament’, ‘manor’, and ‘mines and minerals’ shall bear the meanings assigned to them by paragraph (ix) of sub-section (1) of section two hundred and five of the Law of Property Act 1925;
‘Parish’ means an ecclesiastical parish or district, whether old or new, the Minister of which has a separate cure of souls therein and includes each parish which remains a separate parish, in cases where a scheme of union provides for the union of benefices but not of parishes, but shall not include a parish whereof the parish church is a cathedral.
‘Permanent trusts’ means any trust of property which is a permanent endowment within the meaning of subsection (3) of section forty-five of the Charities Act 1960.
2 Property to which Measure applies.
(1) This Measure shall apply to any interest mentioned in subsection (2) of this section which is acquired or held on charitable trusts, established for ecclesiastical purposes of the Church of England, and whereof:—
( a ) no present or past trustee (other than the personal representatives of a sole surviving trustee) is or has been any person other than the following:—
(i) an incumbent or churchwardens; or
(ii) an ecclesiastical corporation sole acting as a joint trustee with an incumbent or churchwardens; or
( b ) the presently acting trustees (whether or not validly so appointed) are the persons specified in sub-paragraphs (i) or (ii) of paragraph ( a ) above, unless they are so acting in contravention of the terms of the trust; or
( c ) the presently acting trustee is the parochial church council not validly so appointed, if the trusts have, immediately previously, been administered by the persons specified in sub-paragraphs (i) or (ii) of paragraph ( a ) above unless such persons were so acting in contravention of the terms of the trust.
(2) This section shall apply to any interest being either:—
(i) an estate or interest in any land; or
(ii) an interest in personal property, held or to be held on permanent trusts,
except any estate or interest:—
( a ) vested in an incumbent, by virtue of his office, in any church, churchyard or burial ground or in the endowments of his benefice;
( b ) of an incumbent in land or buildings vested in him, before the thirteenth day of April, 1960, by virtue of section seventeen of the New Parishes Measure 1943, and thereafter by virtue of sub-sections (1) and (2) of section sixteen of that Measure (land and buildings acquired as sites of proposed churches, parsonage houses, etc.);
( c ) vested in the Official Custodian for Charities;
( d ) being a church educational endowment, as defined in section three of the Diocesan Education Committees Measure 1955;
( e ) being a term of years absolute for a year or from year to year or for any shorter period;
( f ) vested in churchwardens in the goods, ornaments, and movables of the church of which they are churchwardens and in an incumbent or churchwardens in any other chattel.
(3) Any question as to whether personal property is held or to be held on permanent trusts shall be determined for the purposes of this section by a person appointed by the bishop or, during a...
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