Church Commissioners
New Parishes Measure 1943 (as revised)
Application for the Commissioners’ Consent to the Disposal of Parsonage or Grant of Glebe Land – * only required where the proposed transaction is with a connected person and/or the ‘report’ requirements have not been met
Background
1. The New Parishes Measure 1943 (NPM) was passed by the former Church Assembly to consolidate and update earlier legislation dealing with the formation of new parishes and property acquired for church purposes. The provisions regarding the creation of new parishes have been repealed and are now to be found in the Pastoral Measure 1983. The “property” provisions of the Measure have, however, been retained and the details have been amended on several occasions over the years.
2. The NPM is normally used to acquire land for parochial purposes (e.g. for enlarging a churchyard) or dispose of such land when it is no longer required for those purposes. It can also change the ownership, or vesting, of land which is already in 'Church ownership' (i.e. churchyard, parsonage, glebe, parish and DBF corporate property) without the need for money to change hands if all the parties involved agree. For the purposes of the NPM, the word “land” includes an easement (such as a right of way or drainage). However, easements for the benefit of a parsonage house would normally be acquired under the Church Property (Miscellaneous Provisions) Measure 1960 and not under the NPM unless the rights of access over consecrated churchyard were needed, in which case a faculty would be required.
3. Unless the benefice is vacant the incumbent will normally be a party to any transfer where the benefice acquires or disposes of land under the NPM. The PCC will also need to be a party in some cases, e.g. where it is paying the purchase price in the case of an acquisition of land or where the vendor or donor requires it to enter into covenants (to erect or maintain boundary fences for instance). Incumbents and PCCs will need to appoint solicitors to advise them and they will need to pay their own legal costs.
4. It is the Commissioners’ view that the NPM should never be used to by-pass the rights of any of the interested parties that would normally need to consent to a transaction or otherwise have a right of representation in a case if it could otherwise be carried out under the primary legislation, i.e. the Parsonages Measures 1938 & 1947 and the Endowments and Glebe Measure 1976. It is for this reason that the Commissioners require written confirmation from the diocese that the interested parties under the relevant primary legislation are content for a proposal to proceed under the NPM where a matter is referred to them for their approval. Where such agreement cannot be obtained and the diocese still wishes to proceed with the transaction, notice should be served by the relevant Diocesan Board/Committee on the interested parties under the primary Measure and any adverse representations that may be received with respect to the proposal would be considered by the Commissioners in accordance with their duties under the Parsonages Measures/Endowments and Glebe Measure. Please bear in mind however that a disposal under the Parsonages Measures must be for a monetary consideration, if only for a nominal sum of £1.
Disposal
Benefice solicitors should refer to Annex I of the Parsonages and Glebe Diocesan Manual for further details about the procedure.
Parsonage land
5. Section 14 of the New Parishes Measure and Section 76(2) of the Pastoral Measure 1983 empowers an incumbent (or the Bishop during a vacancy) to convey parsonage land (with or without a consideration) for the following purposes as defined by Section 13 of the New Parishes Measure, subject to the consent of the Diocesan Parsonages Board:
(i) as a site for a church, churchyard or burial ground or enlarging the site of an existing church, churchyard or burial ground;
(ii) to provide access to or improve the amenities of a church, churchyard or burial ground;
(iii) as a site for a place of worship, church hall or to improve the amenities of the same;
(iv) provide vehicle parking space in connection with any of the above uses.
6. In the case of (i) and (ii) above the land vests in the incumbent; in the case of (iii) the land vests in the Diocesan Board of Finance in trust for the Parochial Church Council. In the case of (iv) the property can be vested in either and depends on the wording of the transfer deed. The general rule is that the property should vest in the same owners as that of the property to be served by the parking space. Any sale proceeds should be to be credited to a Parsonage Building Fund for the benefice concerned. In order to return these funds to the credit either the Diocesan Pastoral Account or the Capital Account of the Diocesan Stipends Fund (or a combination of the two) the diocese must confirm through the serving of the appropriate notices that the patron(s) and PCC(s) have no objection to the funds being applied in this way. This involves writing to the patron(s) and PCC(s) in accordance with the procedure laid down in Section 1.4, A11.
Glebe
7. Under Section 23(1) of the Endowments and Glebe Measure 1976 a Diocesan Board of Finance can appropriate glebe (with or without a consideration) via Section 14 of the New Parishes Measure 1943 for those purposes of Section 13 of the New Parishes Measure, i.e:
(i) any glebe building consisting of a house, church or part of a church or which is suitable to be used or converted into a parsonage;
(ii) as a site for a new or enlarged church, churchyard, burial ground or parsonage;
(iii) to provide access to or improve the amenities of church, churchyard, burial ground or parsonage.
In each case the land vests in the incumbent and any proceeds are paid into the DSF Capital Account.
* wef 1 September 2010 the Commissioners’ consent will only be required where the transaction is with a connected person and/or where a written report on the proposed transaction from a qualified surveyor acting exclusively for the person or body acquiring the subject buildings or land has not been obtained or considered to state that the terms on which the transaction are proposed are the best that can reasonably be obtained for that person or body.
To enable the Commissioners to consider any proposal for the disposal of parsonage or glebe land under the NPM, they require certain information and confirmations which are set out in the following annexes.
N.B. See Form H/NPM/ACQ for the acquisition of land or property for parsonage purposes under the New Parishes Measure or Parsonages Act 1865.
Church Commissioners, Church House, Great Smith Street, London, SW1P 3AZ
Tel: 020 7898 1000
Fax: 020 7898 1873
Email:
September 2010
Where a disposal of a parsonage house and/or parsonage land under the New Parishes Measure is proposed where the Commissioners’ consent is required the diocese should provide full details of the proposal including:
/ Information and confirmations required / Checklist1. / The terms agreed for the transaction, e.g. the consideration (if any); and any covenants to be imposed and/or rights to be reserved in favour of retained land.
2. / Confirmation that the incumbent (or bishop in a vacancy), patron(s) and PCC(s) of the benefice are content with the proposal. Where a team ministry has been established for the benefice, confirmation should also be given that each member of the team is content.
3. / Confirmation (where relevant) that the PCC or some other local body has agreed to meet any costs that may be incurred if there are insufficient or no sale proceeds for this purpose.
4. / a transfer including a plan of the land concerned (prepared in accordance with the Land Registry requirements) which should show the boundaries in relation to the adjoining land, and should be based on (or accompanied by a second plan based on) an Ordnance Survey map on a scale 1:2500 or larger.
5. / The full name and address of the transferee (where this is not the incumbent) and the name, address, DX number (if relevant), telephone number and reference of any solicitor acting for the transferee.
6. / The full name and address of the incumbent (if the benefice is full) and the name, address, DX number (if relevant), telephone number and reference of any solicitor acting for the benefice.
7. / In cases where the land in question was acquired by way of gift or for a nominal consideration and is to be disposed of for no consideration, please provide evidence that the original donor of the land (or his/her successors where practicable) has consented to the disposal.
(Signed) ……………………………………….. Date: ……………………
Authorised Signatory
Where an appropriation of glebe under Section 23 of the Endowments and Glebe Measure is proposed the diocese should provide full details of the proposal including:
/ Information and confirmations required / Checklist1. / The terms agreed for the transaction, e.g. the consideration (if any); and any covenants to be imposed and/or rights to be reserved in favour of retained land.
2. / Where glebe is to be transferred for parsonage purposes, confirmation that the incumbent (or bishop in a vacancy), patron(s) and PCC(s) of the benefice are content with the proposal. Where a team ministry has been established for the benefice, confirmation should also be given that any team member living in the property to be transferred has consented to the transaction and that all other team members have been consulted.
3. / Where glebe is to be transferred for any other “church” purpose, confirmation that the incumbent (or bishop in a vacancy) and PCC (where relevant) are content with the proposal. Where there is a team ministry, it should also be established that the team vicars and any other team member living in the subject property are content.
4. / a transfer including a plan of the land concerned (prepared in accordance with the Land Registry requirements) which should show the boundaries in relation to the adjoining land, and should be based on (or accompanied by a second plan based on) an Ordnance Survey map on a scale 1:2500 or larger.
5. / The name, address, DX number (if relevant), telephone number and reference of the solicitor acting for the DBF as owners of the glebe.
6. / The full name and address of the incumbent (if the benefice is full) and the name, address, DX number (if relevant), telephone number and reference of any solicitor acting for the benefice.
(Signed) ……………………………………….. Date: ……………………
Authorised Signatory
Notes
(1) The New Parishes Measure defines a “qualified surveyor” as a person who is a member of the Royal Institution of Chartered Surveyors reasonably believed by the person or body in whom or which the buildings or land are or is to vest to have ability in, and experience of, the valuation of property of the particular kind, and in the particular area, concerned.
For church commissioners’ use only
Name: ref: date: c/s no:
The Commissioners have approved this proposal.
(Signed)…………………………………………….………………………..
Date:……………………………
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