SCHEDULES

Section 1

SCHEDULE 1 Amendment of Parsonages Measure 1938

1 The Parsonages Measure 1938 (1 & 2 Geo. 6 No. 3) shall be amended as follows.

2 In section 1(4) after the words “subsection (1)” there shall be inserted the words “or (1A)” and after the words “this Measure”, where they first occur, there shall be inserted the words “or under section 31 or 37 of the Pastoral Measure 1983”.

3 In section 1(5) the words “in the first instance” and all the words after “purchaser” to the end shall be omitted.

4 In section 3(1) for the words “the prescribed”, in the first place where they occur, there shall be substituted the word “written” and after the word “benefice”, in the second place where it occurs, there shall be inserted the words “stating that representations may be made within the prescribed time”.

5 For section 5 there shall be substituted the following section—

“5 Application of moneys derived from sales

(1) The Board shall apply any moneys arising from any sale or exchange under this Measure of any part of the property of a benefice for the purposes set out below in the following order of priority—

(a) in payment of the costs, charges and expenses of such a sale or exchange;

(b) in or towards repayment of any money expended with the previous consent of the Board for the purpose of rendering the property sold or exchanged more readily saleable or exchangeable;

(c) where the property sold or exchanged has been purchased, built or improved wholly or in part by means of a loan from or on the security of a mortgage or charge in favour of the Church Commissioners, in or towards repayment of any principal money or interest owing on such loan, mortgage or charge;

(d) where the property sold or exchanged has been purchased wholly or in part by means of a loan under section 17 of this Measure, in or towards the repayment of that loan;

(e) to the extent that the income derived from any money arising from the sale or exchange of the property sold or exchanged pending the application of the money under paragraphs (a) to (d) above shall be insufficient for this purpose, with the prior consent of the bishop and the Board, in or towards payment to the incumbent of the benefice in question of the whole or part of the expenses reasonably incurred in respect of removal from one residence house to another, the storage of the furniture and any rent paid for any temporary residence pending occupation of the new residence house;

(f) in or towards repayment to the incumbent of such amounts as may have been paid to the Church Commissioners in reduction of any loan made by them for or towards the erection or purchase of a residence house;

(g) in or towards repaying the Church Commissioners the whole or part of any grant made by them for or towards the erection or purchase of a residence house;

(h) for or towards the exercise of any powers contained in sections 2(1)(i) and (ii) and 2A(1) of this Measure; and

(i) in allocation of it to the capital account of the diocesan stipends fund of the diocese to which the benefice belongs or to the pastoral account of that diocese, or partly to the one and partly to the other, as the Diocesan Board of Finance may determine.

(2) The Board shall provide the Church Commissioners with such information as they may require concerning transactions under this Measure affecting property.

(3) As soon as practicable after the coming into force of Schedule 1 to the Church of England (Miscellaneous Provisions) Measure 2006 the Church Commissioners shall transfer to the Diocesan Board of Finance for the diocese to which the benefice belongs any sums held by them in connection with the sale or exchange of property of a benefice under this Measure.”.

6 In section 6 the words after the word “accumulation” to the end shall be omitted.

7 In section 7 for the words “the prescribed” there shall be substituted the word “written”, after the word “affected” there shall be inserted the word “and”, the words “and to the Church Commissioners” shall be omitted, for the words “5(1)(ii) or (3)” there shall be substituted the words “5(1)(h) or (i)” and after the word “Measure”, in the second place where it occurs, there shall be inserted the words “stating that representations may be made within the prescribed time”.

8 In section 9(4) for the words “Church Commissioners”, in the second place where they occur, there shall be substituted the word “Board”.

9 In section 15(6) after the word “above” there shall be inserted the word “be”.

Section 2

SCHEDULE 2 Amendment of Church Commissioners Measure 1947

1 The Church Commissioners Measure 1947 (10 & 11 Geo. 6 No. 2) shall be amended as follows.

2 For the headnote to section 9 there shall be substituted the following headnote “Sealing and execution of documents by the Commissioners” and at the end of that section there shall be added the following subsections—

“(3) A document signed by two members of the Board and expressed (in whatever form of words) to be executed by the Commissioners shall have the same effect as if executed under the common seal of the Commissioners.

(4) A document executed by the Commissioners which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it shall be presumed, unless a contrary intention is proved, to be delivered upon its being so executed.

(5) In favour of a purchaser a document shall be deemed to have been duly executed by the Commissioners if it purports to be signed by two members of the Board.

(6) In subsection (5) above “purchaser” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who, for valuable consideration, acquires an interest in property.”.

3 In section 18(1), in the definition of “dean”, the words “or provost” shall be omitted.

4 (1) In Schedule 1—

(a) in paragraph 1(b) the words “or provosts”, in both places where they occur, and the words “and provosts” shall be omitted, after the words “who are not deans” there shall be added the words “, whether or not those clerks are members of that House” and after the words “House of Laity of the General Synod” there shall be inserted the words “, whether or not those persons are members of that House”;

(b) in paragraph 2, in the first sentence, for the words from “at such time” to the end of the sentence there shall be substituted the words “in accordance with the Standing Orders of the General Synod” and for the word “April” there shall be substituted the word “January”;

(c) in paragraph 5 the words “or provost” shall be omitted; and

(d) in paragraph 5A—

(i) in sub-paragraph (1) after the words “General Synod” there shall be inserted the words “who is a member of that House”; and

(ii) in sub-paragraph (2) for the words after “shall be held” to the end there shall be substituted the words “in accordance with the Standing Orders of the General Synod”.

(2) Sub-paragraph (1)(b) above shall apply to the term of office of any Church Commissioner who holds office on the date of the coming into force of that sub-paragraph as if that term of office expired on the thirty first day of December immediately preceding the date on which it would otherwise expire.