The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015

JurisdictionEngland & Wales
CitationSI 2015/1545

2015No. 1545

ECCLESIASTICAL LAW, ENGLAND

The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015

16thJuly2015

20thJuly2015

1stOctober2015

The Archbishops' Council, in exercise of the powers conferred by sections 6(4A) and 6A(1)(a) of the Parochial Church Councils (Powers) Measure 1956( 1) and section 5A(1) and (2)(a) of the Incumbents and Churchwardens (Trusts) Measure 1964( 2), makes the following Order:

Citation and commencement

1.-(1) This Order may be cited as the Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015.

(2) This Order comes into force on 1st October 2015.

Amount of consideration below which consent to dealing not required

2.-(1) The requirement for consent under section 6(1) or (3) of the Parochial Church Councils (Powers) Measure 1956 does not apply if the consideration on the transaction in question-

(a) is less than the total of the unrestricted income of the parochial church council concerned as shown in the most recent financial statements that have been prepared for the council for the purposes of the Church Representation Rules and approved by it in accordance with those Rules, and(b) is less than £250,000.

(2) The requirement for consent under section 4 or 5 of the Incumbents and Churchwardens (Trusts) Measure 1964 does not apply if the consideration on the transaction in question-

(a) is less than the total of the unrestricted income of the trust concerned as shown in the most recent accounts prepared for the trust, and(b) is less than £250,000.

(3) The exception provided for under paragraph (1) or (2) applies only if the financial statements or accounts referred to were prepared in the period of 22 months ending with the date of the completion of the transaction.

(4) The exception provided for under paragraph (1) or (2) does not apply where the property that is the subject of the transaction is or includes-

(a) a church or a building or part of a building licensed under section 43(1) of the Mission and Pastoral Measure 2011( 3),(b) a churchyard or part of a churchyard, or(c) land adjacent to property of a description referred to in sub-paragraph (a) or (b).

(5) In paragraph (4), "church" has the same meaning as in the Mission and Pastoral Measure 2011 (see section 106(1) of that Measure).

The draft of this Order was approved by the General Synod of the Church of England on 11th July 2015.

Jacqui Philips

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