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Parsonages and Glebe Diocesan Manual - Incorporating the Impact of the Ecclesiastical Offices (Terms of Service) Measure 2009 in Relation to Clergy Housing

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Parsonages and Glebe Diocesan Manual - Incorporating the Impact of the Ecclesiastical Offices (Terms of Service) Measure 2009 in Relation to Clergy Housing Click here for contents Church Commissioners Parsonages and Glebe Diocesan Manual - incorporating the impact of the Ecclesiastical Offices (Terms of Service) Measure 2009 in relation to clergy housing July 2012 Contents Parsonages and Glebe Diocesan Manual Introduction Section 1: Parsonages 1.1 Parsonages – Consents & Notices (with table of Parsonages Measures Consents and Notices) 1.2 Acquisition 1.3 Building 1.4 Disposal 1.5 Demolition 1.6 Improvement, Division, Enlargement, Additions & Alterations 1.7 Financing the Building, Purchase and Improvement of Parsonages 1.8 Easements 1.9 Lettings 1.10 Parsonages Measure Rules & Recommended Forms 1.11 Application Form H (Parsonages Measures proposals) 1.12 Application Form PMD (Mission and Pastoral Measure - Disposal) Section 2: Glebe 2.1 Consents & Notices (with flowchart of glebe consents and notices) 2.2 Acquisition 2.3 Disposal 2.4 Improvements 2.5 Financing the Acquisition and Improvement of Glebe 2.6 Section 32 Orders 2.7 Application Form G (Endowments and Glebe Measure proposals) Section 3: Effect of the Ecclesiastical Offices (Terms of Service) Measure 2009 and its Regulations in relation to clergy housing 3.1 Parsonage houses 3.2 Other office holders’ rights to housing 3.3 Regulated transactions 3.4 Rights and duties of relevant housing providers and occupiers 3.5 Parsonages transferred to diocesan ownership by Pastoral Schemes/Orders 3.6 Notice to be served on office holder 3.7 Application Form CT (EO(TOS) Measure proposals) 1 Contents Section 4: Restrictive Covenants 4.1 Restrictive Covenants (with flowchart of procedures) 4.2 Application Form R (Release/Variation of Restrictive Covenant) Section 5: Management Schemes made under the Repair of Benefice Buildings Measure 1972 and Endowments and Glebe Measure 1976 Section 6: The Church Commissioners' Mission and Pastoral Committee's role in relation to Parsonages, Glebe and Ecclesiastical Office holders and Personal Interests of Members of Diocesan Boards/Committees (with representation procedures flowchart) Section 7: Deed and Other Enquiries relating to Parsonages and Glebe Section 8: New Parishes Measure 1943 (As Revised) 8.1 New Parishes Measure 8.2 Application Form H/NPM/ACQ (NPM and Parsonages Act Acquisition) 8.3 Application Form H/NPM/DISP (NPM Disposal) Section 9: Value Linked Loans 9.1 Value Linked Loan Scheme 9.2 Notes VLL2 (Terms & Conditions of Assistant Staff Housing Scheme) 9.2 Application Form VLL3 (Housing Assistance in Clergy Marriage Breakdown) 9.3 Notes VLL4 (Terms & Conditions of Clergy Marriage Breakdown Scheme) 9.4 Notes VLL5 (Summary of Clergy Marriage Breakdown Scheme) Section 10: The Construction (Design and Management) Regulations 1994 Section 11: Town and Country Planning Matters Section 12: The Gas Safety (Installation and Use) Regulations 1998 2 Contents Section 12a: Control of Asbestos at Work Regulations 2002 Section 13: The Parsonages Design Guide Leaflets 13.1 Note concerning the Parsonages Design Guide Leaflets 13.2 Procedures to be followed in the Sale, Demolition, Building, Purchase, Exchange, Division or Improvement of Parsonages 13.3 Sources of Finance available for Building, Purchasing or Improving Parsonages 13.4 Parsonage Security 13.5 Fire Precautions for Parsonages 13.6 Low maintenance and drought tolerant ground cover for parsonage gardens Annexes A Connected Person Declaration B Illustration of Intra Church Transactions C Bed & Breakfast in Parsonages D Parsonage Houses and the Disability Discrimination Act 1995 E Summary of amendments to primary legislation in Church of England (Miscellaneous Provisions) Measure 2000 directly affecting Church Commissioners' Pastoral Division F Summary of amendments to primary legislation in Church of England (Miscellaneous Provisions) Measure 2005 directly affecting Church Commissioners' Pastoral Division F1 Summary of amendments to primary legislation in Church of England (Miscellaneous Provisions) Measure 2006 directly affecting the Church Commissioners’ Pastoral Division F2 Smoke-free England: Guidance for Parsonage Houses G Annual Statistical Return H The Land Registration Act 2002: Land Registry Plan Requirements I Procedure for disposing of property under the New Parishes Measure 1943 J Glossary 3 Contents Pastoral Division’s Website The following documents can be downloaded from our website at ccpastoral.org/forms/ 1 Parsonages and Glebe Manual 2 Application Forms 3 Parsonages Measures (Amendment) Rules 2007 and Recommended Forms 4 Parsonages Design Guide (with accompanying leaflets) 5 Parsonages and Glebe: Planning Appeals and Court Judgments 6 Repair of Benefice Buildings Measure Code of Practice 7 Value Linked Loans (application forms and notes) 8 Legislation (i) Parsonages Measure 1938 (ii) Endowments and Glebe Measure 1976 (iii) Repair of Benefice Buildings Measure 1972 (iv) Diocesan Stipends Funds Measure 1953 (v) Church Property (Miscellaneous Provisions) Measure 1960 (vi) New Parishes Measure 1943 (vii) Mission and Pastoral Measure 2011 (viii) Patronage (Benefices) Measure 1986 Pastoral Division’s Family Tree is available at ccpastoral.org/pastcontacts/ 4 Introduction Parsonages and Glebe Diocesan Manual Sections 12 to 18 and 21 and 22 of the Church of England (Miscellaneous Provisions) Measure 2000 came into effect on 1 September 2000. With one minor exception all the remaining provisions came into effect on 1 January 2001. Modest supplementary changes of a technical nature were made by the Church of England (Miscellaneous Provisions) Measure 2005 which came into effect on 1 June 2005. Further changes were made by the Church of England (Miscellaneous Provisions) Measure 2006 which came into effect on 1 October 2006 and a further section on 1 May 2007. The relevant provisions of the Church of England (Miscellaneous Provisions) Measure 2010 amending the New Parishes Measure 1943 came into effect on 1 September 2010. The These Measures significantly reduced the Church Commissioners’ administrative role in parsonages and glebe matters. The Ecclesiastical Offices (Terms of Service) Measure 2009 gave Diocesan Parsonages Boards a statutory role in the provision of housing for ecclesiastical office holders other than incumbents and a second tier role to the Church Commissioners. This Manual provides the necessary legal and procedural guidance which diocesan administrators and their professional advisers should follow when carrying out the range of transactions relating to clergy housing and glebe land provided for under the Parsonages Measures, the New Parishes Measure, the Endowments and Glebe Measure and the Ecclesiastical Offices (Terms of Service) Measure. It also deals with: the Commissioners’ role in those matters where our approval continues be needed (for example, in cases where “connected persons” are involved and/or where objections have been received); the release and variation of restrictive covenants In addition the Manual offers advice on a variety of related matters. Where we have previously published such advice it has been updated and revised as necessary. For example, our free- standing leaflets on procedural and financial matters which accompanied the current Parsonages Design Guide when it was published in 1998 have been amended in order to reflect the legislative changes. All the Design Guide leaflets are included in the Manual for ease of reference. Under the various elements of the legislation covered by this manual, dioceses are obliged to “have regard to” the advice offered by the Commissioners. This advice is offered in general to ensure that there are no procedural flaws in processing diocesan proposals that might subsequently be capable of legal challenge. The Manual is designed in such a way that, as a series of free-standing documents, its component parts can be reproduced and made available to individual members of diocesan boards/committees, the clergy, parochial church councils, churchwardens, sequestrators etc. as required. When it is necessary to amend the Manual or publish supplementary material we will send electronic notifications automatically to all Diocesan Secretaries; Parsonages Board/Committee Secretaries; Glebe Committee Secretaries and Diocesan Registrars. Any other person or body who would like to receive notification of such material is invited to send an email to that effect to [email protected]. Alternatively, people can send us the attached slip but please note that we no longer send paper notifications. Our website (ccpastoral.org) will always contain the latest version of the Manual together with the primary Measures relating to parsonages and glebe matters. The Parsonages Design Guide is also included. We have also included templates for all the application forms where the 5 Introduction Commissioners’ approval is needed – these may be completed, printed out and forwarded to us as and when necessary. All files are in Microsoft Word format apart from those for the Design Guide which are in .pdf (portable document format) and can be viewed using Adobe’s Acrobat Reader (a free download from www.adobe.com/support/downloads/main.html). Whilst we hope that the Manual is as comprehensive as possible and takes account of diocesan suggestions at an earlier stage, it may not answer all questions which arise in the course of dealing with parsonages and glebe matters. The Commissioners’ staff will of course be happy to assist in this respect and up to date contact details are available from our website at ccpastoral.org/pastcontacts/. Paul Lewis Pastoral and Closed Churches
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