FORM H/NPM/DISP
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have been repealed and are now to be found in the Pastoral Measure 1983.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
1
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:
2
(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: pastoral@churchofengland.org
September 2010
3
Annex A: Parsonage
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
1.
2.
3.
4.
Checklist
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.
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.
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.
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) ………………………………………..
Authorised Signatory
Date: ……………………
4
Annex B: Glebe
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
1.
2.
3.
4.
Checklist
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.
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.
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.
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
5
Notes
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.
(1)
FOR CHURCH COMMISSIONERS’ USE ONLY
NAME:
REF:
DATE:
C/S NO:
The Commissioners have approved this proposal.
(Signed)…………………………………………….………………………..
Date:……………………………
6