Chancel Repairs Bill (HL Bill 21)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by Lord Avebury, the Member in charge of the
Bill, are published separately as HL Bill 21—EN.

A

BILL

TO

Make provision for ending the liability of lay rectors for the repair of chancels,
and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Abolition of liability to repair chancels

(1) No person shall after the commencement of this Act be liable as lay rector for
the repair of the chancel of any church or chapel.

(2) Subsection (1) shall not apply to a liability which exists by virtue of the proviso
5to section 31(2) of the Tithe Act 1936 (liabilities to repair chancels, etc).

2 Transitional provisions

(1) Section 1 above shall not apply to a person’s liability in respect of a claim made
in proceedings brought against him—

(a) before the commencement of this Act,

(b) 10within two years of the commencement of this Act by another person
liable as lay rector, or

(c) within two years of the commencement of this Act as a party to
proceedings brought before the commencement of this Act against
another person liable as lay rector.

(2) 15For the purposes of subsection (1), proceedings shall be treated as brought
against a person on the day on which he is served with process making him a
party to those proceedings.

(3) Subsection (1) above shall not be construed as enabling proceedings to be
brought against a person by virtue of his becoming lay rector after the
20commencement of this Act.

3 Extent, commencement and short title

(1) This Act extends to England only.

Chancel Repairs BillPage 2

(2) This Act comes into force on the day it is passed.

(3) This Act may be cited as the Chancel Repairs Act 2015.