STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

in length 21 years or ‘three lyves’ 5 is void. The 1572 Act qualified this by making
an exception in the case of a house and grounds (other than the main habitation
of the lessor) situated in a city or town. Even here, however, the lease could not
exceed 40 years and must reserve ‘the accustomed yeerely rent’. The 1575 Act
prohibited the granting of any lease before an earlier lease had expired. The
1800 Act left the Elizabethan Acts in place but clarified an issue arising from the
Elizabethan Acts in cases where the ecclesiastical lease was of part only of the
estate. 6
2.4 Although the four Acts remain on the statute book they have long ceased to have
any practical utility. Originally they applied not only to leases granted by the
clergy but also to leases granted by others such as colleges and deans and
chapters of cathedrals. However, subsequent legislation has served to disapply
the Acts. Colleges at Oxford, Cambridge and Durham were given extensive
powers of sale, exchange and leasing by the Universities and College Estates
Acts 1858 to 1898. 7 The Universities and College Estates Act 1964 disapplied
the Acts in respect of colleges in any university. Deans and chapters of
cathedrals were released from the Acts by the Cathedrals Measure 1963. 8
Finally the Endowments and Glebe Measure 1976 disapplied most of the
legislation from parsons. 9 In short the four Acts have been superseded by more
modern legislation as well as being hopelessly obsolete for historical reasons.
2.5 Those consulted on these repeal proposals include the General Synod of the
Church of England, the Representative Body of the Church in Wales, the Church
Commissioners and the Ministry of Agriculture, Fisheries and Food. 10 There
have been no objections to the proposals.
5 It is not entirely clear what period three lives was intended to cover. Now, by virtue of
section 149(6) of the Law of Property Act 1925, a lease for lives usually takes effect as a
lease for 90 years determinable after the death of the original lessee.
6
The 1800 Act clarified the same issue in relation to other 16th century enactments (now
repealed).
7 Now consolidated in sections 1 to 3 of the Universities and College Estates Act 1925. The
1925 Act also applied to two ancient schools, Eton and Winchester, which are of similar
foundation to certain Oxford and Cambridge colleges, and both have accepted the repeal
proposals. The powers under the 1925 Act, which are general and not really connected
with the Elizabethan legislation, are exercised with the consent of the Minister of
Agriculture, Fisheries and Food.
8 Section 53 and Schedule 1.
9 Section 47(3) and Schedule 7. In fact the disapplication extends to all the Acts except
section 2 of the 1571 Act. Whatever the reason for this exception, section 2 has effectively
been superseded by provisions in the Pluralities Act 1838 and the Endowments and Glebe
Measure 1976 requiring consents before parsonages are let.
10 The Ministry’s interest arises because its consent is needed to sales under the Universities
and College Estates Act 1925: see footnote 7 above. The repeal of the three Elizabethan
Acts will permit a small consequential repeal to words referring to those Acts in section 1(1)
of the Universities and College Estates Act 1964.
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