Ecclesiastical Commissioners (Powers) Measure, 1936
| Jurisdiction | UK Non-devolved |
| Citation | measure 1936 No. 5 |
| Year | 1936 |
Ecclesiastical Commissioners (Powers) Measure, 1936
(26 Geo. 5 & 1 Edw. 8.)
A MEASURE passed by the National Assemblyof the Church of England.
To confer upon the Ecclesiastical Commissioners temporary power to give financial help for the provision of churches and other buildings for religious worship, and power to make better provision for the endowment of certain bishoprics: to amend and extend the provisions of the Ecclesiastical Leasing Acts: and to amend the Ecclesiastical Commissioners Measure, 1926, as to payment by the Ecclesiastical Commissioners of costs of certain legal proceedings.
[29th May 1936]
1 Temporary power to make grants towards payment of interest on loans for building churches, &c.
(1) Subject to the provisions of subsections (2) and (3) of this section, the Ecclesiastical Commissioners for England (in this Measure referred to as ‘the Commissioners’) may from time to time make by resolution a grant or grants out of their common fund in such manner as they may deem most conducive to the efficiency of the Church of England for the purpose of discharging or assisting in discharging the interest payable in respect of any loan or loans made to any body or person in accordance with a scheme or schemes approved by the Commissioners either for the provision in populous parishes in England of new churches or other new buildings to be used for religious worship and parochial purposes, or for the enlargement of existing churches in such parishes and any sums so granted may be paid to such bodies or persons as the Commissioners shall in each case think proper.
(2) The total amount which shall be applied in any year in respect of such grants shall not exceed the sum of ten thousand pounds.
(3) The power conferred by this section shall cease and determine on the thirty-first day of October, nineteen hundred and fifty-seven.
2 Power to make schemes for re-endowing certain bishoprics.
(1) The Commissioners may at any time, with such consent and subject to such approval as hereinafter prescribed, prepare and submit for confirmation to His Majesty in Council a scheme or schemes for transferring to the Commissioners any investments or other property of any description (save as hereinafter mentioned) held by them as or as part of the endowment fund of any of the bishoprics named in the Schedule hereto), and for the payment out of the common fund of the Commissioners in exchange for such transfer of a fixed annual income for the bishopric as a re-endowment thereof and for making any incidental provisions necessary or desirable for giving full effect to the proposed transfer and re-endowment.
(2) The power conferred by this section shall not extend or apply to the episcopal residence or to any fund specifically allotted to the provision or maintenance of the episcopal residence.
(3) The said power shall only be exercised with the consent of His Majesty and the consent of the bishop for the time being of the diocese to which the scheme relates, and no scheme as aforesaid shall be submitted to His Majesty in Council in relation to such diocese save with the approval of—
( a ) the Diocesan Board of Finance;
( b ) the bishop for the time being of any and every contributory bishopric;
( c ) the Cathedral Commissioners so long as they shall be in existence; and
( d ) the cathedral council of the cathedral church of the diocese or other the consenting body of the said church for the purposes of the Cathedrals Measure, 1931 .
(4) When any scheme under this section shall have been confirmed by Order in Council, the Order in Council shall be published in the London Gazette and upon such publication the provisions of the scheme shall be effectual in law as fully as if they had been contained in this Measure.
(5) Upon any scheme under this section becoming effectual all real and personal property thereby proposed or directed to be transferred to the Commissioners shall vest in them without any further conveyance or assurance and shall be held by them as property the income from which is to be carried to the common fund of the Commissioners freed and discharged from all trusts previously affecting the same, including not only the primary trust for the endowment or benefit of the bishopric to which the scheme relates but also all further trusts in favour of any contributory bishopric or for the foundation of a dean and chapter or otherwise.
(6) Any scheme under this section may provide that all trusts and provisions in favour of any contributory bishopric or for the foundation of a dean and chapter shall determine and become void not only in respect of the property transferred by the scheme as provided by the last preceding subsection hereof, but also in respect of any other property which or the income of which then forms part of the endowment of the bishopric to which the scheme relates, and may further provide that such trusts shall not attach to or affect any property or income at any time thereafter becoming part of the endowment or income of that bishopric.
(7) In this section the expression ‘contributory bishopric’ shall in relation to the endowment fund of any bishopric mean any other bishopric interested under any of the trusts of the said fund which take effect subject to the primary trust for the benefit of the bishopric to which the fund belongs.
3 Power to augment the income of certain bishoprics.
(1) In any case where a bishopric has been re-endowed under the provisions of section 2 (1) of this Measure the provisions of section 3 ( b ) of the Ecclesiastical Commissioners Measure, 1926, shall cease to apply to such bishopric, and in any such case, and also in the case of the bishopric of Sodor and Man the Commissioners shall have power at any time or from time to time at their discretion and upon such terms and conditions as they shall think fit by instrument under their seal to grant out of their common fund in augmentation of the income of the bishopric such annual sum as they may deem expedient: Provided that no such augmentation shall exceed such amount as will raise the annual income of the bishopric (as estimated by the Commissioners at the date of the instrument of augmentation) to the sum of three thousand pounds exclusive of the annual value of the episcopal residence and of the annual income of any fund specifically allotted to the provision or maintenance of the episcopal residence.
(2) The provisions of section 5 of the Ecclesiastical Commissioners Act, 1886 , shall extend and apply to any instrument sealed by the Commissioners for effecting any augmentation as aforesaid.
4 Power to appropriate endowment of a benefice in respect of improved income arising under the Ecclesiastical Leasing Acts.
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