Parsonages Measure, 1938
| Jurisdiction | UK Non-devolved |
| Citation | measure 1938 No. 3 |
| Year | 1938 |
Parsonages Measure, 1938
(1 & 2 Geo. 6.)
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 and of other property belonging to benefices.
[23rd June 1938]
1 Powers of selling parsonage houses, &c.
(1) Where the residence house, outbuildings, 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, shall, subject to the provisions of this Measure, have the following powers, that is to say:—
(i) power to sell such residence house, outbuildings, 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) power to pull down such residence house and outbuildings, or any of them or any part thereof and sell the materials and the site thereof, or either such materials or site or any part thereof.
(2) Upon a sale under the powers of this Measure—
(i) any hereditament, easement, right or privilege of any kind may be excepted, reserved or granted over or in relation to any land retained for the benefice affected, or disposed of to a purchaser, or in relation to any part thereof; and
(ii) 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 exercisable—
(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) 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) The powers conferred by this section shall continue to be exercisable in respect of a house which has ceased to be the residence house of a benefice by reason of the constitution of a new residence house of that benefice under this Measure.
(5) All moneys arising from any sale under the provisions of this section shall be paid to Queen Anne's Bounty, and the receipt of the treasurer of Queen Anne's Bounty shall be a sufficient discharge to the purchaser.
2 Powers of erecting or purchasing new parsonage houses, &c.
(1) In the case of any benefice where such action is thought desirable, and whether or not the existing residence house belonging thereto shall have been sold or disposed of, the incumbent of the benefice, or during a vacancy the bishop, shall, subject to the provisions of this Measure, have the following powers, that is to say:—
(i) power to erect or purchase a house or purchase land for the site of a house or an orchard, garden and appurtenances or other land, such house, orchard, garden and appurtenances or any such land, being respectively suitable for the residence and occupation of the incumbent of the benefice, but so that the total area of any land purchased including the site of any house or other buildings shall not exceed six acres, and so that leasehold property shall not be purchased except for the purpose of merging forthwith the term for which the same is held in the freehold reversion expectant on such term;
(ii) power to improve any house erected or purchased under the preceding paragraph or any house forming part of the property of the benefice which it is proposed to constitute the residence house of the benefice;
(iii) in cases where the foregoing powers or any of them are exercised by the bishop, power for the bishop to enter upon the land of the benefice for the purpose of exercising such powers;
(iv) where there are no moneys specially applicable for any of the purposes aforesaid or such moneys are insufficient, power for the purpose of obtaining a loan from Queen Anne's Bounty for the provision of such moneys to exercise the powers of charging the revenues of the benefice exercisable by the incumbent under the Clergy Residences Repair Act, 1776 , and the Acts extending or amending the same or any of them, but so that no limitation imposed by the said Acts or any of them in respect of the amount of any loan shall apply in the case of a loan for the purpose of erecting or purchasing a house or land for the site of a house.
(2) No power conferred by subsection (1) of this section shall be exercisable without the consent of Queen Anne's Bounty, the Diocesan Dilapidations Board, and (in cases where the power is exercised by the incumbent) the bishop respectively.
(3) Queen Anne's Bounty shall have power exercisable in their discretion to lend moneys to the incumbent or bishop (as the case may be) for any of the purposes aforesaid.
(4) If the bishop shall during a vacancy in any benefice have exercised the powers of erecting or improving a house conferred by this section and the vacancy shall have been filled before the completion of the work of erection or improvement, the incumbent succeeding to the benefice shall to the extent of any moneys specially applicable or lent by Queen Anne's Bounty complete such work in accordance with the plans and specifications authorised by the bishop with such modifications (if any) as may be agreed to by the bishop, Queen Anne's Bounty and the Diocesan Dilapidations Board, and in default of his so doing it shall be lawful for the Diocesan Dilapidations Board so to complete such work.
3 Provisions as to exercise of foregoing powers.
(1) An incumbent or bishop proposing to exercise any of the powers conferred on him by either of the foregoing sections of this Measure shall give the prescribed notice to the patron of the benefice affected and to the parochial church council of the parish within which that benefice is situate, 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.
(2) Where it shall appear desirable to a Diocesan Dilapidations Board that any of the powers conferred by either of the foregoing sections of this Measure 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.
(3) 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 connection with the exercise of any power conferred by either of the foregoing sections of this Measure, and any recommendations so made shall, if the Diocesan Dilapidations Board concur in them, be binding on the person exercising such power.
4 Patron's right of preemption.
(1) Subject to the provisions of this section the patron of every benefice shall have a right of pre-emption over any property belonging to such benefice in respect of which it is proposed to exercise any power of sale conferred by this Measure.
(2) Such right of pre-emption may only be exercised by a notice in writing given by the patron to the Diocesan Dilapidations Board within fourteen days after notice of the proposed exercise of any power of sale conferred by this Measure shall have been given to him.
(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 reservations, restrictions and conditions (if any) as the Diocesan Dilapidations Board may require to be imposed, either—
(i) at such a price as may be agreed upon between the patron and the Diocesan Dilapidations Board; or, failing such agreement,
(ii) at such a price as shall be...
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