STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

2.7 Exchange of glebe lands. The Tithe Acts 1842 to 1878 still contain scattered
provisions for the exchanging of the glebe lands 27 of a benefice for other more
convenient lands within the parish. The Church Commissioners have confirmed
that these provisions are no longer necessary because of the general powers
now given to Diocesan Boards of Finance by section 20 of the Endowments and
Glebe Measure 1976. These provisions accordingly no longer serve any
practical utility and may be repealed. 28
2.8 Miscellaneous. Section 24 of the Tithe Act 1860 provides for the collection of
arrears of tithe rentcharge in cases where a fixed sum per head of cattle is
charged. The section enables the arrears to be recovered by distraining upon
and impounding any cattle belonging to the defaulter wherever they may be
found. This provision is obsolete. Section 36(2) of the Tithe Act 1936 put all the
official copies of tithe rentcharge apportionments under the charge and
superintendence of the Master of the Rolls, empowering him to direct that copies
should be transferred to the Public Record Office or to public libraries or
museums, and empowering him to make rules to give effect to his functions.
The current rules 29 provide for copies to be sent to all such bodies. These
arrangements have superseded Tithe Act provisions for the safekeeping of, and
access to, copies of such apportionments. These earlier provisions 30 may
therefore be repealed. The Tithe Acts also contain other provisions relating to
apportionments and re-apportionments which are either obsolete or else have
been superseded by modern statutory provision. For example, the requirement
in section 15 of the Tithe Act 1842 for depositing counterparts of instruments of
altered apportionments has been superseded by orders made under section 11
of the Tithe Act 1951. 31 The earlier provisions may therefore be repealed. 32
15 Conclusion
2.1 The recommendations for repealing the Tithe Acts outlined above follow
extensive consultations with the Church Commissioners, the General Synod of
the Church of England, the Representative Body of the Church in Wales, the
Treasury and the Inland Revenue. No objections to the repeal proposals have
been received.
27 The glebe land of a benefice at that time included all land of any kind, houses or other
buildings forming part of its endowments (but not the parsonage house and ground
occupied with it).
28
Tithe Act 1842 (sections 5 and 20); Tithe Act 1846 (section 22); Tithe Act 1860 (section 41);
Tithe Act 1878 (section 7).
29 Tithe (Copies of Instruments of Apportionment) Rules 1960, SI 1960 No 2440.
30 Tithe Act 1842 (section 13); Tithe Act 1846 (section 17).
31 Tithe Apportionments (Transfer of Custody) Order 1966, SI 1966 No 1600; Tithe Records
(Transfer of Custody) Order 1981, SI 1981 No 232.
32 Tithe Act 1842 (section 15); Tithe Act 1860 (sections 26 and 27).
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