Application Form H/NPM/ACQ
Church Commissioners
New Parishes Measure 1943
Parsonages Act 1865
Application for the Commissioners’ Consent to the
Acquisition of Land or Property for Parsonage Purposes –
only required under the NPM where the proposed transaction is with a
connected person and/or the ‘report’ requirements have not been met
New Parishes Measure
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regarding the creation of new parishes have been repealed and are now to be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 Mission and Pastoral Measure 2011. 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) over neighbouring land for the
benefit of a church, churchyard, burial ground or parsonage house. 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 rights of access over consecrated churchyard were needed, in which
case a faculty would be required.
3. The incumbent may 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 their own solicitors to advise them and they will need to pay their own
legal costs.
4. Under Section 13 of the NPM the Diocesan Board/Committee can acquire (by gift
or purchase) land or property for parsonage purposes. Local funding for a
purchase (e.g. the Diocesan Pastoral Account) would be required. Although the
DBF acts as the acquiring agency, on completion of the acquisition the property
automatically vests in the incumbent of the benefice by virtue of section 16 of the
Measure. Section 14 allows charity trustees to give land (or sell it at less than full
value) for parsonage purposes without the consent of the Charity Commissioners,
unless the trustees do not act for an exempt charity under the Charities Act 1993
(in which case the Charity Commissioners’ consent is needed). Dioceses are
exempt in this respect by virtue of Section 92 of the Mission and Pastoral Measure
2011.
5. Upon completion the DBF’s solicitor deposits the deeds in the diocesan registry,
sends a copy of the transfer in the Church of England Record Centre, 15
Galleywall Road, South Bermondsey, London SE16 3PB and supplying one copy
to the incumbent for the parish records.
Parsonages Act 1865
6. Under Section 4 public and charitable bodies, as well as private individuals, can
sell or give land or property to the Commissioners for parsonage purposes. Local
funding for the acquisition (e.g. the Diocesan Pastoral Account) would be
required. Unless sold for its market value, the property must not exceed one acre.
The Charity Commissioners have agreed that the restrictions on dealings with land
by charity trustees (contained in Section 36 of the Charities Act 2011) do not
apply to transactions under this Act. This is significant because it means that
charities do not need to obtain the full value if disposing of land or property for
parsonage purposes.
7. Where a benefice is full, the property transfers direct under this Act to the
incumbent. Where a benefice is vacant, the property transfers direct to the
Commissioners, but a special clause is added to the deed stating that the property
shall be “annexed to the benefice” (i.e. it vests in the incumbent) in accordance
with the power contained in Section 21 of the Queen Anne’s Bounty Act 1714.
Application for the Commissioners’ consent – only required where the proposed
transaction is with a connected person and/or the ‘report’ requirements have not been
met
8. It is the Commissioners’ view that the NPM and Parsonages Act 1865 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 or Parsonages Act 1865 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 an acquisition under the Parsonages Measures must be for a
monetary consideration, if only for a nominal sum of £1.
To enable the Commissioners to consider any proposal for the purchase of land
or buildings under the NPM or Parsonages Act 1865, they require certain
information and confirmations which are set out in the following annex.
N.B. See Form H/NPM/DISP for the disposal of parsonage land and glebe under
the New Parishes Measure.
Church House, Great Smith Street, London, SW1P 3AZ
Tel: 020 7898 1000
Fax: 020 7898 1873
Email: pastoral@churchofengland.org
July 2012
ANNEX
Where an acquisition under the New Parishes Measure or the Parsonages Act
1865 is proposed where the Commissioners’ consent is required, the diocese
should provide full details of the proposal including:
Information and confirmations required
Checklist
1.
Please indicate whether the proposed acquisition is to take place under (a) the New
Parishes Measure or (b) the Parsonages Act 1865.
2.
The address of the property including postcode and a good quality plan of the land
concerned suitable for use in the deed of transfer or grant of easement based on (or
accompanied by a second plan based on) an Ordnance Survey map on scale 1:1250 or
larger. It should show the boundaries in relation to the adjoining land and give the
hectarage or route of wayleave/easement. Architectural and/or engineering
drawings are generally inappropriate for conveyancing purposes, unless
supplemented by a proper location plan.
3.
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.
4.
Confirmation that the benefice has agreed to any covenants required by the vendor or
donor, e.g. the construction of boundary fencing.
5.
The full name and address of the vendor/donor, and the name, address, DX number
(if relevant), telephone number and reference of his solicitor.
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.
Full details of the terms provisionally agreed for the transaction, e.g. the price, any
covenants to be imposed and/or rights to be reserved in favour of retained land.
8.
Confirmation (where necessary) that planning permission authorising change of use
of the land and, if necessary, the erection of any new buildings has been obtained.
(Signed)
………………………………………..
Authorised Signatory
Date: …………
(a) NPM

(b) PA

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:……………………………