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Incumbents and Churchwardens (Trusts) Measure 1964

Consolidated Text As Enacted Cited authorities 10 Cited in Amendments 26 Related
Vincent
JurisdictionUK Non-devolved
  • In this Measure—
    • an incumbent or churchwardens; oran ecclesiastical corporation sole acting as a joint trustee with an incumbent or churchwardens; orthe 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; orthe 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.an estate or interest in any land; oran interest in personal property, held or to be held on permanent trusts,except any estate or interest:—vested in an incumbent, by virtue of his office, in any church, churchyard or burial ground . . . of an incumbent in land or buildings vested in him, before the thirteenth day of April, 1960, by virtue of section seventeen of the vested in the Official Custodian for Charities;being a church educational endowment, as defined in section three of the being a short lease (within the meaning of section 6 of the Parochial Church Councils (Powers) Measure 1956) ;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 vacancy in a see, the guardian of the spiritualities:Provided that the F3Charity Commission, in acting under the Schedule to this Measure, shall not be bound by any such determination.(1) Where upon or after the commencement of this Measure an incumbent or churchwardens or an ecclesiastical corporation sole or a parochial church council hold, acquire or administer any interest to which this Measure applies, it shall be their duty to inform the diocesan authority thereof in writing.(2) If the diocesan authority becomes aware of the existence of any interest to which this Measure may apply (whether as the result of any such information as aforesaid or otherwise) it shall act in accordance with the Schedule to this Measure and may and, subject to the said Schedule, shall by deed vest any interest to which this Measure applies in itself (3) Any vesting declaration made by the diocesan authority pursuant to this Measure shall have the operation specified in paragraph (b) of subsection (1) of section forty of the Trustee Act 1925.(4) It shall be the duty of any person in whom is vested any interest to which this Measure applies and to which any vesting declaration made under this Measure relates, but which, or the right to transfer which, is not by such declaration alone vested in the diocesan authority, to make or concur in making such transfers or other assurances to the diocesan authority as the authority may reasonably require.(5) Any interest which may be vested in the diocesan authority under this section shall so vest subject to all trusts, charges, tenancies, liabilities and other legal incidents affecting the same.all liabilities subject to which the interest is vested or which may at any time affect the property;all rates, taxes, insurance premiums and other outgoings of whatever nature which may from time to time be payable in respect of the interest;all costs, charges and expenses incurred by the authority in relation to the acquisition or insurance of the interest or as trustee of the interest; andall costs, proceedings, claims and demands in respect of any of the matters mentioned in paragraphs (a) to (c) of this subsection.(6) The exercise by the diocesan authority of the powers specified in this section and in the Schedule to this Measure shall not affect or prejudice the jurisdiction or powers of the High Court or the F4Charity Commission to establish a scheme for the administration of any charity to which this Measure applies or otherwise.
  • After the commencement of this Measure neither an incumbent nor churchwardens shall acquire any interest in land or personal property to which this Measure applies except an interest in personal property by gift or under a will without the consent of the diocesan authority.

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