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Tithe Act 1925 (repealed 19.11.1998)

Tithe Act 1925 (repealed 19.11.1998) s 10

s 10 Powers of management of Queen Anne’s Bounty.

(1) Queen Anne’s Bounty shall, in relation to tithe rentcharge vested in them under this Part of this Act, have, for the purposes of collection, redemption, merger, apportionment and otherwise, such powers as they would have had had they been absolute beneficial owners thereof, and shall also in relation thereto have such additional powers as are specified in the First Schedule to this Act: Provided that where— (a) for three months or more immediately before the passing of this Act the tithe rentcharge attached to a benefice has been collected by the incumbent thereof without the employment of any paid agent; and (b) the incumbent by notice in writing given to Queen Anne’s Bounty within six months after the passing of this Act agrees to collect at his own expense and without remuneration the sums payable in respect of the tithe rentcharge attached to the benefice, and to comply with such conditions as Queen Anne’s Bounty may impose in relation to the collection and for securing the proper application of the money collected; he shall be appointed to act as agent of Queen Anne’s Bounty for the purpose of continuing such collection after the tithe rentcharge becomes vested in Queen Anne’s Bounty, and he shall continue to act as such so long as he holds the incumbency and complies with the said conditions, unless and until the agency is determined by notice in writing given by the incumbent to Queen Anne’s Bounty, or is determined by Queen Anne’s Bounty for any reason which, in the special circumstances of the case, renders it in their opinion desirable that the agency should be so determined. (2) For the purpose of the collection of tithe rentcharge vested in them by this Act, Queen Anne’s Bounty shall divide the country into such number of areas (not exceeding twenty) as they think fit, and those areas, subject to such alterations as Queen Anne’s Bounty may from time to time think fit, shall be the collection areas for the purposes of this Act. Queen Anne’s Bounty shall constitute a committee for each collection area. Every such committee shall contain representatives of the incumbents of benefices within the collection area on account of which tithe rentcharge is held, and, subject to any general or special directions which may from time to time be given by Queen Anne’s Bounty, there shall be delegated to the committee all the powers of Queen Anne’s Bounty in relation to the collection of tithe rentcharge and such of their powers of management in relation thereto as Queen Anne’s Bounty think fit. (3) Where tithe rentcharge previously attached to a benefice issues from glebe belonging to that benefice, Queen Anne’s Bounty shall have power, with the assent of the incumbent, to merge the same in the glebe as if the tithe rentcharge and the glebe both belonged to Queen Anne’s Bounty absolutely. (4) Queen Anne’s Bounty may apply any money in their hands, whether under this Part of this Act or otherwise, and available for investment, in the redemption or discharge of any . . . charge to which any tithe rentcharge vested in them under this Part of this Act may be subject, and the moneys so applied, together with interest thereon at such rate not exceeding five per cent. per annum as Queen Anne’s Bounty may determine, shall be recoverable out of the tithe rentcharge and any funds for the time being representing the same. (5) Queen Anne’s Bounty shall not be bound to take any legal proceedings for the recovery of any payments which they have not received if, in their discretion, they consider it undesirable to do so.

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