Tithe (Administration of Trusts) Measure 1928
| Jurisdiction | UK Non-devolved |
| Citation | measure 1928 No. 2 |
Tithe (Administration of Trusts) Measure, 1928
(18 & 19 Geo. 5.)
A MEASURE passed by the National Assemblyof the Church of England
To regulate the administration of the trusts affecting tithe rent-charge and other rent-charges, rents and payments in lieu of tithe vested in Queen Anne's Bounty in trust for incumbents of benefices, and for purposes connected therewith.
[3rd August 1928]
1 Measure to affect certain beneficial interests in tithe rent-charge, &c.
(1) Subject to the provisions of this Measure, this Measure shall apply to the beneficial interests of incumbents of benefices and other persons for the time being entitled to receive the emoluments of benefices in—
(i) tithe rent-charge vested in Queen Anne's Bounty under section three of the Tithe Act, 1925, and
(ii) rent-charges, rents, tithes and other payments vested in Queen Anne's Bounty under section fourteen of the Tithe Act, 1925;
and the incumbents and other persons entitled to such beneficial interests are in this Measure referred to collectively as the beneficiaries.
(2) Subject to the express provisions of this Measure as to the mode of enjoyment of the beneficial interests to which this Measure applies, nothing contained in this Measure shall affect the nature, amount or duration thereof or the common law or any enactment relating either to tithe rent-charge or to the rent-charges, rents, tithes and other payments to which section fourteen of the Tithe Act, 1925, applies.
(3) This Measure shall not apply to the beneficial interest in any tithe rent-charge, rent-charge, rent, tithe or other payment which for the time being is not collected through a committee for a collection area constituted under section ten of the Tithe Act, 1925.
2 Quarterly payments to be made on account of beneficial interests in tithe rent-charge.
(1) Subject to the provisions of this Measure, Queen Anne's Bounty shall, after this Measure has come into operation, make in respect and on account of the beneficial interests in tithe rent-charge to which this Measure applies quarterly payments to the beneficiaries respectively interested in the same.
(2) Such quarterly payments shall be made on the first days of January, April, July and October in each year, but so that the first payment shall be made on either the first day of April or the first day of October, whichever shall first occur after the appointed day.
(3) The quarterly payments made on the first days of April and July in any year shall be in respect of the tithe rent-charge payable on the first day of April in that year, and the quarterly payment made on the first day of October in any year shall, together with the quarterly payment made on the following first day of January, be in respect of the tithe rent-charge payable on such first day of October.
3 Mode of ascertaining amounts of quarterly payments.
(1) Subject to any necessary apportionment, the amount of any quarterly payment to a beneficiary in respect of his beneficial interest in tithe rent-charge shall be one-half of such a sum as is estimated by Queen Anne's Bounty to be equal to such portion of the half-year's tithe rent-charge in respect of which the payment is made as will be available for actual payment to the beneficiary.
(2) Provided that—
(i) Queen Anne's Bounty shall have power to deduct from any tithe rent-charge any principal money and interest due to Queen Anne's Bounty under any mortgage or charge made under the Acts specified in the Schedule to this Measure or any of them and affecting such tithe rent-charge;
(ii) deductions, which under the Ecclesiastical Dilapidations Measure, 1923, the Clergy Pensions Measure, 1926, and any amendment thereof respectively, or under any other Measure, are required or authorised to be made from monies payable by Queen Anne's Bounty may be made, in any case where such monies are payable to a beneficiary, either from tithe rent-charge or from other monies payable by Queen Anne's Bounty to such beneficiary, as Queen Anne's Bounty may determine; and
(iii) Queen Anne's Bounty shall have power for the purpose of any estimate made by Queen Anne's Bounty under this section to treat any deduction required or authorised to be made from tithe rent-charge as wholly or partially postponed or anticipated, and so that—
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