Endowments and Glebe Measure 1976

JurisdictionUK Non-devolved
Citationmeasure 1976 No. 4


Endowments and GlebeMeasure 1976

A MEASURE passed by the General Synod of the Church of England to make fresh provision with respect to the means by which the clergy and certain lay persons engaged in the cure of souls are remunerated; to transfer glebe land to Diocesan Boards of Finance; to make provision with respect to the powers and duties of such Boards in relation to such land; to restrict the letting of parts of parsonage houses and to make other provision with respect to such houses; to amend the Diocesan Stipends Funds Measure 1953; to amend the law relating to sequestrations; to amend the law relating to the liability to repair certain chancels; and for purposes connected with the matters aforesaid.

[22nd November 1976]

Payments by Church Commissioners towards stipends of certain clergy, etc.

Payments by Church Commissioners towards stipends of certain clergy, etc.

S-1 Annuities to be paid by Commissioners towards stipends of certain incumbents

1 Annuities to be paid by Commissioners towards stipends of certain incumbents

(1) Where immediately before the appointed day a benefice has endowment income, the general fund of the Commissioners shall stand charged as from that day with the payment towards the stipend of the incumbent of that benefice of an annuity the amount of which shall be fixed in accordance with subsection (2) below.

(2) Subject to section 3 of this Measure, the amount of the annuity payable in respect of any benefice under subsection (1) above shall be either the amount of the net annual endowment income of the benefice immediately before the appointed day or 1,000, whichever is the less.

(3) Where by means of a pastoral scheme which comes into operation on or after the appointed day a new benefice is created by the union of two or more benefices, then, if—

( a ) in the case of a scheme which comes into operation on the appointed day, an annuity would but for the scheme have been payable under subsection (1) above in respect of any those benefices, or

( b ) in the case of any other scheme, an annuity was immediately before the scheme comes into operation payable under this section in respect of any of those benefices,

the general fund of the Commissioners shall stand charged as from the day on which the scheme comes into operation with the payment towards the stipend of the incumbent of the new benefice of an annuity the amount of which shall be fixed in accordance with subsection (4) below.

(4) The amount of the annuity payable in respect of any new benefice under subsection (3) above shall be either—

( a ) the aggregate of the annuities which would have been or were payable as mentioned in subsection (3) above in respect of the benefices by the union of which the new benefice was created, or

( b ) 1,000,

whichever is the less.

(5) The annuity with the payment of which the general fund of the Commissioners stands charged under subsection (1) or (3) above is hereafter in this Measure referred to as ‘the guaranteed annuity’.

(6) The guaranteed annuity in respect of any benefice shall not be payable during a vacancy in the benefice.

S-2 Annual personal grants to be made by Commissioners to certain incumbents.

2 Annual personal grants to be made by Commissioners to certain incumbents.

(1) Where the guaranteed annuity in respect of any benefice is 1,000, then, if the net annual endowment income of the benefice immediately before the appointed day exceeds that sum, the person who immediately before that day is the incumbent of that benefice shall so long as he continues in that office be entitled to receive from the Commissioners an annual personal grant of a sum equal to the amount of the excess.

(2) Where by means of a pastoral scheme which comes into operation on or after the appointed day a new benefice is created by the union of two or more benefices, then, if—

( a ) the person who becomes the incumbent of the new benefice was immediately before the scheme comes into operation the incumbent of any of the constituent benefices, and

( b ) that person, as the incumbent of any of the constituent benefices, would have been or was entitled to an annual personal grant under subsection (1) above,

he shall be entitled to receive from the Commissioners an annual personal grant of the same amount so long as he holds the office of incumbent of the new benefice created by the scheme.

S-3 Provisions with respect to benefices held in plurality.

3 Provisions with respect to benefices held in plurality.

(1) Where on or after the appointed day two or more benefices are held in plurality, then, so long as they continue to be so held, they shall be treated for the purposes of section 1 of this Measure as if they constituted one benefice and, accordingly, the amount of the guaranteed annuity payable towards the stipend of the incumbent of those benefices shall be either the aggregate of the guaranteed annuities in respect of those benefices or 1,000, whichever is the less.

(2) Where immediately before the appointed day two or more benefices are held in plurality, section 2(1) of this Measure shall apply in relation to the incumbent of those benefices as if—

( a ) those benefices constituted one benefice;

( b ) the guaranteed annuity payable towards the stipend of the incumbent of those benefices in pursuance of subsection (1) above were the guaranteed annuity in respect of that one benefice; and

( c ) the aggregate of the net annual endowment incomes of those benefices were the net annual endowment income of that one benefice.

(3) Where the incumbent of benefices held in plurality is entitled by virtue of subsection (2) above to an annual personal grant under section 2(1) of this Measure, then, if on or after the appointed day—

( a ) he resigns one or more but not all of the benefices so held by him, or

( b ) one or more but not all of those benefices is declared vacant under the Incumbents (Vacation of Benefices) Measure 1975 ,

he shall, so long as he continues to be the incumbent of the other benefice or benefices retained by him, be entitled to receive from the Commissioners under the said section 2(1) an annual personal grant of such amount as may be determined by the Commissioners after consultation with the bishop of the diocese to which that benefice belongs or those benefices belong.

S-4 Provisions with respect to benefices entitled to benefits under certain private or local Acts.

4 Provisions with respect to benefices entitled to benefits under certain private or local Acts.

(1) Schemes under this section may be made by the Commissioners and the provisions of Schedule 1 to this Measure shall have effect with respect to the making and confirmation of such schemes and other matters relating thereto.

(2) A scheme under this section may provide—

( a ) that any property vested in the Commissioners under or by virtue of any Act listed in Part I of Schedule 2 to this Measure and section 2 of the Church Commissioners Measure 1947 on trusts to apply the income and capital thereof in the manner directed by that Act shall on and after the date on which the scheme comes into operation be held by the Commissioners as part of their corporate property freed and discharged from those trusts;

( b ) that any property for the time being vested in any other persons under or by virtue of the Acts listed in Part II of that Schedule on trusts to apply the income and capital thereof in the manner directed by those Acts shall on the said date be transferred to, and by virtue of the scheme and without any conveyance or other assurance vest in, the Commissioners to be held by them as part of their corporate property freed and discharged from those trusts.

(3) Where it is proposed by a scheme under this section to make provision in accordance with paragraph ( a ) or ( b ) of subsection (2) above, the scheme shall also provide that where by virtue of the Act to which the scheme relates the incumbent of a benefice is immediately before the date on which the scheme comes into operation entitled to be paid by the Commissioners or other the trustees for the purposes of that Act an annual sum in respect of, or in augmentation of, his stipend, sections 1 and 2(1) of this Measure shall apply in relation to that benefice and the incumbent thereof—

( a ) as if that sum had formed part of the net annual endowment income of that benefice immediately before the appointed day; and

( b ) as if the second reference in section 1(1) and in section 2(1) to the appointed day were a reference to the date on which the scheme comes into operation;

and accordingly, but subject to section 1(6) of this Measure, as from the said date a guaranteed annuity in respect of that benefice shall be payable or, as the circumstances require, the amount of the guaranteed annuity then payable in respect of that benefice shall be increased, and if at that date the benefice is full and the incumbent thereof then becomes, or is, entitled to an annual personal grant under section 2 of this Measure, that grant shall be payable, or the amount thereof shall be increased, as the case may be, as from that date.

(4) A scheme under this section may contain such other provisions, including provision for the making of payments, for ecclesiastical purposes out of the Commissioners' general fund or for charging that fund with payments for those purposes, as appear to the Commissioners to be necessary or expedient having regard to the provisions of this Measure and of the Act to which the scheme relates.

(5) A scheme under this section may amend or repeal any provision of the Act to which the scheme relates if it appears to the Commissioners that that provision is inconsistent with or rendered unnecessary by the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT