Tithe Act 1936

F1FIRST SCHEDULEE+W

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Section 4.

SECOND SCHEDULEE+W Constitution, Procedure, Staff and Expenses of the Commission

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1—5.

6The functions of the Commission, and of the officers and servants of the Commission, shall be exercised on behalf of the Crown.

7The 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.

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8

9The 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.

10Subject 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.

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11, 12.

Sections 7, 38.

THIRD SCHEDULEE+W

F5Part IE+W

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Part IIE+W Provisions as to stock to be issued to Queen Anne’s Bounty

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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:E+W

(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.

F7FOURTH SCHEDULEE+W

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F8FIFTH SCHEDULEE+W

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Section 30.

SIXTH SCHEDULEE+W Method of Ascertainment of Compensation for Redemption of Corn Rents, &c.

The compensation for the redemption of a corn rent, rentcharge or money payment to which section thirty of this Act applies (in this Schedule referred to as a “rent” shall be such sum as, in the opinion of the Minister, is sufficient, after payment of the cost of investment, to produce, when invested in Government securities, a permanent annuity equal to the net annual value of the rent as hereinafter defined.

The net annual value of a rent shall be determined by the Minister as follows:—

Section 31.

SEVENTH SCHEDULEE+W Liabilities to Repair Chancels, &c.

Part IE+W Apportionment of Liability

1E+WThe 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.

2E+WWhere 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 M1Tithe 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.

3E+WWhere the Commission ascertain, in relation to any chancel or building, that the residue aforesaid comprises two or more rentcharges, then—

F9(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.

4E+WReferences in the M2Chancel 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.

5E+WNothing 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 IIE+W

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Part IIIE+W Modifications as to Wales and Monmouthshire

1E+WFor 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 M3Welsh Church Act, 1914.

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Section 38.

EIGHTH SCHEDULEE+W Powers of Queen Anne’s Bounty

1Power 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.

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2—4.

5Power 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 M4Tithe Act, 1925, for the purpose of meeting expenses of collection of rentcharges.

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6,7.

8Power 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 M5Loans (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.

F14NINTH SCHEDULEE+W

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