Church Property Measure 2018

JurisdictionUK Non-devolved
Citationmeasure 2018 No. 8


Church Property Measure 2018

2018 No. 8

A Measure passed by the General Synod of the Church of England to consolidate with corrections and minor improvements the Parsonages Measure 1938, the New Parishes Measure 1943, the Parsonages (Amendment) Measure 1947, certain provisions of the Church Property (Miscellaneous Provisions) Measure 1960 and the Endowments and Glebe Measure 1976 and certain other provisions relating to Church property.

[20 December 2018]

1 Parsonage land

PART 1

Parsonage land

Dealings in parsonage house etc.

Dealings in parsonage house etc.

S-1 Sale, exchange or demolition of parsonage house

1 Sale, exchange or demolition of parsonage house

(1) Where the parsonage house of a benefice is inconveniently situated or is too large, or it is thought advisable for some other good and sufficient reason to dispose of the house, the incumbent of the benefice—

(a)

(a) may sell the house;

(b)

(b) may exchange the house for a house that would be suitable for the residence and occupation of the incumbent of the benefice and make or receive a payment for equality of exchange;

(c)

(c) may pull the house down and sell the whole or part of the site and some or all of the materials.

(2) A house or site may be sold or exchanged under subsection (1) with adjoining land belonging to the benefice, either together or in parcels; and, in the case of a sale or exchange of part only of a house or site (see section 48(4)), it does not matter if the land in question adjoins only the part of the house or site that is not included in the sale or exchange.

(3) Where a house has ceased to be the parsonage house of a benefice, either as a result of a new parsonage house being constituted as such or as a result of a pastoral scheme or order, a power under this section may be exercised in relation to the house and to land adjoining the house.

(4) Where a house has been disposed of under this section, but the whole or part of an outbuilding, garden or orchard which was not disposed of continues to be the property of the benefice, a power under this section may be exercised in relation to that property and to land adjoining or an appurtenance of or enjoyed with it.

(5) Where the incumbent of a benefice has acquired a building or other land as or for the site of a parsonage house, a power under this section may be exercised in relation to the building or other land.

(6) Where an excluded part of a parsonage house is vested in the incumbent or would be if the benefice were full, a power under this section may be exercised in relation to the excluded part.

(7) Where a benefice is vacant, a power under this section is exercisable by the bishop of the diocese to which the benefice belongs.

(8) A power under this section may not be exercised in relation to property which is vested in trustees.

(9) The Church Commissioners may buy property which is proposed to be sold under this section if—

(a)

(a) the bishop of the diocese in which the property is situated and the Parsonages Board for the diocese are satisfied that the price offered is reasonably satisfactory, and

(b)

(b) neither the registered patron nor the PCC of a parish in the benefice concerned objects on that ground within the period specified in rules.

(10) On a sale or exchange under this section—

(a)

(a) a hereditament, easement, right or privilege may be excepted, reserved, or granted over or in relation to land retained by the incumbent in the capacity as corporation sole (whether as property of or otherwise in right of the benefice);

(b)

(b) a hereditament, easement, right or privilege may be disposed of;

(c)

(c) a restriction on building, on use or on anything else may be imposed and made binding by covenant, condition or otherwise.

(11) The proceeds of a sale or exchange under this section must be paid to the Parsonages Board for the diocese (with the Board then applying the proceeds in accordance with section 13); and the Board’s receipt is a sufficient discharge to the buyer.

S-2 Construction, purchase or improvement of parsonage house

2 Construction, purchase or improvement of parsonage house

(1) The incumbent of a benefice may do any of the following where it is thought desirable, whether or not the current parsonage house is disposed of—

(a)

(a) build a house which would be suitable for the residence and occupation of the incumbent of the benefice;

(b)

(b) buy a house or land for the site of a house, or buy other land, which would be suitable for the residence and occupation of the incumbent of the benefice;

(c)

(c) make improvements to a house built, bought or acquired as property of the benefice under a power conferred by or under this Measure or any other enactment and which is proposed to be constituted as the parsonage house.

(2) Where a benefice is vacant, a power under this section may be exercised by the bishop of the diocese to which the benefice belongs.

(3) Where the bishop of a diocese is, by virtue of subsection (2), building or making improvements to a house and the vacancy in the benefice is filled before the completion of the work, the incumbent succeeding to the benefice must complete the work, in so far as there is any money specially applicable or loaned by the Church Commissioners for that purpose (including any money loaned after the vacancy was filled).

(4) In carrying out the duty under subsection (3), the incumbent must act in accordance with the plans and specifications authorised by the bishop of the diocese subject to such modifications as the bishop and the Parsonages Board agree.

(5) If the incumbent fails to carry out the duty under subsection (3), the Parsonages Board may complete the work.

(6) A power under this section, when exercisable by the bishop by virtue of subsection (2), includes a power to enter the land of the benefice concerned in order to exercise the power.

(7) A body which is the patron of a benefice (including a college or hall of Oxford or Cambridge University) may make an interest-free loan to assist with—

(a)

(a) building a house or buying a house or other land in the benefice for the purpose mentioned in subsection (1)(a) or (b);

(b)

(b) (in so far as not coming within paragraph (a) of this subsection) building, rebuilding or repairing a house or other building suitable for the residence or convenience of clergy in the benefice or buying a building, or land for the site of a building, for that purpose.

S-3 Consent to dealing under section 1 or 2

3 Consent to dealing under section 1 or 2

(1) A power under section 1 or 2 may not be exercised without—

(a)

(a) the consent of the Church Commissioners,

(b)

(b) the consent of the Parsonages Board for the diocese concerned,

(c)

(c) the consent of the bishop of the diocese (unless the bishop is, by virtue of section 1(7) or 2(2), the person exercising the power), and

(d)

(d) in the case only of a power under section 1, any consent required by subsection (2) or (3) of this section.

(2) If the property concerned is held under a grant made by or on behalf of Her Majesty in right of the Crown, the consent of the Crown Estate Commissioners is required.

(3) If the property concerned is occupied by a member of the team in a team ministry, the consent of that member is required.

(4) The consent of the Church Commissioners to the exercise of the power of sale or exchange under section 1 is not required if—

(a)

(a) the transferee is not a connected person or a trustee for or nominee of a connected person, and

(b)

(b) before entering into an agreement for the sale or exchange, the person entitled to exercise the power has met the conditions in subsections (7) and (8).

(5) The consent of the Church Commissioners to the exercise of the power to pull down a house or other building under section 1 is not required if that is the only purpose for which it is proposed to exercise the power.

(6) The consent of the Church Commissioners to the exercise of a power under section 2 is not required if—

(a)

(a) no person concerned in the transaction is a connected person or a trustee for or nominee of a connected person, and

(b)

(b) before entering into the transaction, the person entitled to exercise the power has met the condition in subsection (7).

(7) The condition in this subsection is that the person entitled to exercise the power—

(a)

(a) has obtained a written report on the proposed transaction from a qualified surveyor instructed by and acting exclusively for him or her, and

(b)

(b) having considered the report, is satisfied that the terms of the proposed transaction are the best that can be reasonably obtained for the benefice.

(8) The condition in this subsection is that the person entitled to exercise the power has advertised the proposed transaction for the period and in the manner advised by the surveyor in the report, unless the surveyor has advised in the report that advertising the proposed transaction would not be in the best interests of the benefice.

S-4 Vacancy in benefice: division, improvement etc. of parsonage house

4 Vacancy in benefice: division, improvement etc. of parsonage house

(1) During a vacancy in a benefice, the bishop of the diocese may, with the consent of the Parsonages Board, authorise the sequestrators of the benefice—

(a)

(a) to divide the parsonage house into two or more parts or to reduce the size of the house in some other way;

(b)

(b) to enlarge the house;

(c)

(c) to make improvements to the house.

(2) The sequestrators may, for the purpose of carrying out work authorised under subsection (1), enter the land of the benefice.

(3) Where the parsonage house is occupied by a member of the team in a team ministry, the sequestrators may not carry out work authorised under subsection (1) without the consent of that member.

(4) Where work is authorised under subsection (1) but the vacancy in the benefice is filled before the...

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