Compulsory Church Rate Abolition Act 1868

JurisdictionUK Non-devolved
Citation1868 c. 109


Compulsory Church Rate Abolition Act, 1868

(31 & 32 Vict.) C A P. CIX.

An Act for the Abolition of compulsory Church Rates.

[31st July 1868]

W HEREAS Church Rates have for some Years ceased to be made or collected in many Parishes by reason of the Opposition thereto, and in many other Parishes where Church Rates have been made the levying thereof has given rise to Litigation and Ill-feeling:

And whereas it is expedient that the Power to compel Payment of Church Rates by any legal Process should be abolished:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-1 Compulsory Church Rates abolished.

1 Compulsory Church Rates abolished.

1. From and after the passing of this Act no Suit shall be instituted or Proceeding taken in any Ecclesiastical or other Court, or before any Justice or Magistrate, to enforce or compel the Payment of any Church Rate made in any Parish or Place inEngland or Wales .

S-2 Saving of Rates called Church Rates, but applicable to secular Purposes.

2 Saving of Rates called Church Rates, but applicable to secular Purposes.

2. Where in pursuance of any General or Local Act any Rate may be made and levied which is applicable partly to Ecclesiastical Purposes and partly to other Purposes, such Rate shall be made, levied, and applied for such last-mentioned Purposes only, and so far as it is applicable to such Purposes shall be deemed to be a separate Rate, and not a Church Rate, and shall not be affected by this Act.

Where in pursuance of any Act of Parliament a mixed Fund, arising partly from Rates affected by this Act and partly from other Sources, is directed to be applied to Purposes some of which are Ecclesiastical Purposes, the Portion of such Fund which is derived from such other Sources shall be henceforth primarily applicable to such of the said Purposes as are Ecclesiastical.

S-3 Provision where Money is due on Security of such Rates.

3 Provision where Money is due on Security of such Rates.

3. In any Parish where a Sum of Money is at the Time of the passing of this Act due on the Security of Church Rates, or of Rates in the Nature of Church Rates, to be made or levied in such Parish under the Provisions of any Act of Parliament, or where any Money in the Name of Church Rate is ordered to be raised under any such Provisions, such Rates may still be made and levied, and the Payment thereof enforced by Process of Law, pursuant to such Provisions, for the Purpose of paying off the Money so due, or paying the Money so ordered to be raised, and the Costs incidental thereto, but not otherwise, until the same shall have been liquidated: Provided, that the Accounts of the Churchwardens of such Parish in reference to the Receipt and Expenditure of the Monies levied under such Acts shall be audited annually by the Auditor of the Poor Law Union within whose District such Parish shall be situate, unless another Mode of Audit is provided by Act of Parliament.

S-4 Provision as to Church Rates already made.

4 Provision as to Church Rates already made.

4. Any Church Rate, or Rate in the Nature of Church Rate, made at any Time before the passing of...

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