Parsonages Measure, 1930
| Jurisdiction | UK Non-devolved |
| Citation | measure 1930 No. 1 |
| Year | 1930 |
Parsonages Measure, 1930
(20 & 21 Geo. 5.)
A MEASURE passed by the National Assemblyof the Church of England.
To consolidate and amend the Law relating to the sale, purchase and improvement of Parsonage Houses.
[20th March 1930]
1 Sales of parsonage houses; consents; notices, &c.
(1) Where the residence house, gardens, orchard and appurtenances belonging to any benefice shall be inconveniently situate or too large, or where for other good and sufficient reasons it shall be thought advisable to sell and dispose of the same or of any part thereof, the incumbent of such benefice, or during a vacancy the bishop, may, subject to the provisions of this Measure—
(i) sell such residence house, gardens, orchard, and appurtenances, or any of them, or any part thereof, with any land contiguous thereto belonging to the benefice either together or in parcels; or
(ii) pull down such residence house, and sell the site thereof with or without the materials.
(2) Upon a sale under the powers of this Measure any restriction with respect to building on or other user of land or with respect to any other thing may be imposed and made binding, so far as the law permits, by covenant, condition or otherwise upon the purchaser and any property disposed of to him.
(3) No power conferred by this section shall be exerciseable—
(i) so that an area of more than twelve acres (including the site of any residence house, or other buildings) shall be sold or disposed of hereunder in any one benefice;
(ii) without the consent of Queen Anne's Bounty, the Diocesan Dilapidations Board, and (in cases where the power is exercised by the incumbent of a benefice) the bishop respectively;
(iii) Without the consent of the Commissioners of Crown Lands in cases where the property proposed to be disposed of is held under any grant made by or on behalf of His Majesty in right of his Crown; or
(iv) over or in respect of any property vested in trustees.
(4) Queen Anne's Bounty may make such recommendations as may be deemed fit as to the costs, charges and expenses which may be incurred in respect of any sale or proposed sale under the provisions of this section or otherwise in connection with the exercise of any power hereby conferred, and any recommendations so made shall, if the Diocesan Dilapidations Board concur in them, be binding on the person exercising such power.
(5) Subject to the provisions of this Measure an incumbent or bishop proposing to exercise any of the powers conferred by this section shall give the prescribed notice to the patron and parochial church council of the benefice affected, and Queen Anne's Bounty shall before consenting to the exercise of such power, consider any objection raised within the prescribed time by such patron or council, and if satisfied that such objection ought not to prevent the exercise of such power shall inform the patron or council, as the case may require, of the reasons upon which such conclusion is founded.
(6) Where it shall appear desirable to a Diocesan Dilapidations Board that any of the powers conferred by this section should be exercised in any benefice, the Board shall make a report to the bishop, and if the bishop and the incumbent of the benefice, or during a vacancy the bishop acting alone, shall request the Board so to do, the Board may frame proposals for the exercise of such power in accordance with the provisions of this Measure, and such proposals shall be communicated by the Board to the bishop and (except during a vacancy) to the incumbent.
2 Reference to special committee in certain cases.
(1) Without prejudice to the provisions of the last preceding section of this Measure, a power conferred by this Measure shall, in any case where the patron of the benefice affected shall within twenty-one days after notice of the proposed exercise of the power has been given to him so require, be exerciseable only with the approval of a special committee constituted for such benefice in manner laid down by this section.
(2) A special committee shall consist of—
(i) the archdeacon in whose archdeaconry the benefice is situate, who shall be the chairman of the committee and shall convene the meetings thereof;
(ii) the patron of such benefice or his representative;
(iii) the incumbent of such benefice or his representative or during a vacancy a representative of the bishop;
(iv) a representative of the parochial church council of such benefice; and
(v) three representatives of the Diocesan Dilapidations Board.
(3) (i) Four members of a special committee shall constitute a quorum;
(ii) if a special committee is divided in opinion, the opinion of the majority shall prevail;
(iii) in the case of equality of votes, the chairman of a special committee, including an elected chairman in the absence of the archdeacon, shall have a second or casting vote.
(4) A special committee shall have power to approve a proposed exercise of a power conferred by this Measure either absolutely or subject to such restrictions being imposed upon the purchaser, and the property sold as the special committee may think fit.
3 Patron's right of pre-emption.
(1) Subject to the provisions of this section the patron of every benefice shall have a right of pre-emption over any properly belonging to such benefice in respect of which it is proposed to exercise any power conferred by this Measure.
(2) Such right of pre-emption—
(i) shall become exerciseable if the special committee for such benefice shall have given its approval to a proposed exercise in respect of such property of a power conferred by this Measure; and
(ii) may be exercised by a notice in writing given by the patron to the Diocesan Dilapidations Board before the expiration of a period of fourteen days after such approval has been given.
(3) A notice by a patron duly exercising over any property the right of pre-emption, given to him by this section, shall have effect as if it were a contract in writing between the incumbent of the benefice concerned (or during a vacancy the bishop) and the patron for the sale of such property to the patron under the provisions of this Measure, subject to such restrictions (if any) as the special committee for the benefice may have required to be imposed under the last preceding section, either
(i) at such a price as may be agreed upon between the patron and the special committee for the benefice; or, failing such agreement,
(ii) at such a price as shall be fixed by a valuer appointed at the request of the Diocesan Dilapidations Board by the President for the time being of the Surveyors' Institution.
(4) The following provisions shall have effect:—
(i) A valuer acting under this section shall have regard to such restrictions (if any) as the sale to the patron is to be made subject to and also to the price offered by any person other than the patron.
(ii) A valuation made under this section shall not be deemed to be a submission to arbitration under the Arbitration Act, 1889 , or otherwise.
(iii) The costs of and incidental to a valuation under this section according to a scale to be approved by the Diocesan Dilapidations Board shall be borne by the patron concerned, and shall be recoverable from him as a debt by the valuer who has made the valuation.
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