Tithe Act 1936

44 Treasury authorisation.

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47 Interpretation.

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “benefice” includes all rectories with cure of souls, vicarages, perpetual curacies, endowed public chapels and parochial chapelries, and chapelries or districts belonging or reputed to belong or annexed or reputed to be annexed to any church or chapel, and districts formed for ecclesiastical purposes by virtue of statutory authority, and includes benefices in the patronage of the Crown or of the Duchy of Cornwall; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ecclesiastical corporation” has the meaning assigned to it by the Episcopal and Capitular Estates Act, 1851; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “extraordinary tithe rentcharge” means a rentcharge payable under the Extraordinary Tithes Acts, 1886 and 1897; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “instrument of apportionment” means an instrument of apportionment made and confirmed, or an instrument of altered apportionment made, under the Tithe Acts, and includes a certificate of capital value sealed under the Extraordinary Tithes Acts, 1886 and 1897, and a map annexed to any such instrument or certificate or detached therefrom under section twenty-six of the Tithe Act, 1860; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “re-apportioned rentcharge” means a tithe rentcharge which has been re-apportioned by the authority for the time being exercising jurisdiction in that behalf under the Tithe Acts, or which has, before the first day of April, nineteen hundred and thirty-three, been re-apportioned, as between lands identified by numers in an instrument of apportionment, by the owners of the rentcharge and of the lands and has been recovered on the basis of such re-apportionment; “stock” means redemption stock; “Tithe Acts” means the Tithe Acts, 1836 to 1925; “tithe rentcharge” means tithe rentcharge issuing out of lands and payable in pursuance of the Tithe Acts, and includes a rentcharge into which a corn rent was converted under those Acts, and also (except in such portions of this Act as do not have effect in relation to extraordinary tithe rentcharge) extraordinary tithe rentcharge, but does not include a rentcharge payable under the Tithe Act, 1860, in respect of the tithes on any gated or stinted pasture, nor a sum or rate payable for each head of cattle or stock turned on land subject to common rights or held or enjoyed in common. (2) In this Act, unless the context otherwise requires, in relation to a re-apportioned rentcharge, references to a tithe rentcharge shall be construed as references to each of the rentcharges resulting from the re-apportionment, and references to the land out of which a tithe rentcharge issued shall be construed as references to the lands respectively on which those rentcharges were reapportioned. (3) References in this Act to the amount of a tithe rentcharge shall be construed as references to the apportioned or par amount thereof. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48 †Short title, construction, extent and repeal.

(1) This Act may be cited as the Tithe Act, 1936, and shall be construed with the Tithe Acts, 1836 to 1925, and those Acts and this Act may be cited together as the Tithe Acts, 1836 to 1936. (2) This Act shall extend to England and Wales only. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FIRST SCHEDULE

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SECOND SCHEDULE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1—5. 6 The functions of the Commission, and of the officers and servants of the Commission, shall be exercised on behalf of the Crown. 7 The Commission may hold such inquiries as appear to them to be necessary or desirable for the purpose of the proper discharge of their functions. Before holding any such inquiry the Commission shall give such notice as appears to them best adapted for informing persons affected of the date on which and the place at which the inquiry will be held and at any such inquiry any person appearing to the person holding the inquiry to be affected may appear either in person or by counsel, solicitor or agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 The Commission may authorise, subject to such limitations or restrictions as they may determine, a committee appointed by them, or any person appointed by them for the purpose, to exercise in the name and on behalf of the Commission any of the Commission’s powers or to perform or discharge on their behalf any duty or liability of the Commission. 10 Subject to the foregoing provisions of this Schedule, the Commission shall have power to make rules regulating the procedure of the Commission and the procedure at any inquiry under this Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12.

THIRD SCHEDULE

Sections 7, 38. Part I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Provisions as to stock to be issued to Queen Anne’s Bounty 1—3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (1) Where any such rentcharge as aforesaid was immediately before its extinguishment charged with an annual money payment, the charge shall pass to the sum appropriated as aforesaid to the benefice: Provided that, where any such charge is vested in the holder of any ecclesiastical office, Queen Anne’s Bounty shall have power by Order to abate it either permanently or for such term as they may direct, if in their discretion they are satisfied that such abatement is desirable. (2) Queen Anne’s Bounty shall have the like powers to abate any charge, being a charge so vested as aforesaid, on the general revenues of a benefice in cases in which the general revenues included income derived from tithe rentcharge extinguished by this Act.

FOURTH SCHEDULE

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FIFTH SCHEDULE

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SIXTH SCHEDULE

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SEVENTH SCHEDULE Liabilities to Repair Chancels, &c.

Section 31. Part I Apportionment of Liability 1 The Commission shall ascertain in relation to every chancel or other ecclesiastical building for the repair of which liability attached to the ownership of tithe rentcharge agreed or awarded on the original commutation of tithes under the Tithe Acts— (a) the rentcharges in respect of which such liability attached and the aggregate amount of those rentcharges; (b) which, if any, of those rentcharges was or were redeemed under the Tithe Acts or ceased before the appointed day to be subject to such liability, and the amount, or the aggregate amount, as the case may be, of any such rentcharges; and (c) the identity and the aggregate amount (in this Part referred to as “the apportionable amount of rentcharge liability”) of the residue of those rentcharges. 2 Where the Commission ascertain, in relation to any chancel or building, that the residue aforesaid comprises two or more rentcharges, they shall ascertain the amount of each of those rentcharges which— (a) was a rentcharge in respect of which stock is to be issued under this Act and which was not so vested as to fall within the next succeeding sub-paragraph; (b) was a rentcharge in respect of which stock is to be issued under this Act and which was vested immediately before the appointed day for an interest in fee simple in possession in any of the corporations or bodies mentioned in the proviso to subsection (2) of section thirty-one of this Act; (c) was so vested between the twenty-sixth day of February, nineteen hundred and thirty-six, and the appointed day as to render the provisions of section twenty-one of this Act applicable thereto; or (d) was merged or extinguished under the Tithe Acts in land to which the provisions of section one of the Tithe Act, 1839, apply; and shall ascertain, as respects each of those rentcharges, the proportion (in this Part referred to in relation to that rentcharge as “the appropriate proportion”) which the amount thereof bears to the apportionable amount of rentcharge liability. 3 Where the Commission ascertain, in relation to any chancel or building, that the residue aforesaid comprises two or more rentcharges, then— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) any such liability to repair related to any of those rentcharges as is mentioned in the proviso to subsection (2) of section thirty-one of this Act, or in subsection (3) or (4) of that section, shall be limited to the appropriate proportion of the cost of putting the chancel or building in proper repair. 4 References in the Chancel Repairs Act, 1932, to the cost of putting a chancel in repair shall, in relation to a liability limited under this Schedule to a proportion of such cost, be construed as references to that proportion of such cost. 5 Nothing in this Act shall prejudice the right of any person against whom proceedings are taken to enforce any such liability to repair related to any rentcharge as is mentioned in the proviso to subsection (2) of section thirty-one of this Act, or in subsection (3) or (4) of that section, to put in issue the question whether liability to repair attached to that rentcharge on the original commutation of tith es under the Tithe Acts or continued thereafter. Part II 1—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Modifications as to Wales and Monmouthshire 1 For references to the Diocesan Authority or to Queen Anne’s Bounty there shall be substituted references to the Representative Body incorporated under section thirteen of the Welsh Church Act, 1914. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EIGHTH SCHEDULE

1 Power to make to persons entitled on the appointed day to receive the emoluments of benefices payments sufficient to make good any decrease occasioned by the provisions of this Act of their receipts in respect of the emoluments to which they were respectively then entitled, so long as they respectively remain entitled to receive those emoluments or any part thereof, and for that purpose to withhold from the appropriations to be made to benefices under Part II of the Third Schedule to this Act such amounts as, together with the amounts to be issued to Queen Anne’s Bounty under section twenty-five of this Act or such part thereof as Queen Anne’s Bounty may think fit to apply for that purpose, may be required as one common fund for making such payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2—4. 5 Power to provide on such terms as Queen Anne’s Bounty think fit for the recoupment out of the emoluments of the benefices concerned of advances made by Queen Anne’s Bounty under paragraph 6 of the First Schedule to the Tithe Act, 1925, for the purpose of meeting expenses of collection of rentcharges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,7. 8 Power at any time, and during any incumbency of the benefice concerned, to extend within the limits prescribed by law the term of repayment of any loan advanced by Queen Anne’s Bounty for the purposes of— (a) the Loans (Incumbents of Benefices) Amendment Act, 1918, and the Acts to be construed therewith; or (b) the Ecclesiastical Dilapidations Measures, 1923 to 1929; where the revenues of the benefice charged with the loan were immediately before the appointed day derived wholly or in part from tithe rentcharge.

NINTH SCHEDULE

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