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by Munro Research

Chancel Repairs Bill [HL]


Official Summary

A Bill to make provision for ending the liability of lay rectors for the repair of chancels, and for connected purposes.

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Overview

This bill aims to abolish the legal responsibility of lay rectors (individuals who own land associated with a church) for the cost of repairing church chancels (the area of a church around the altar). The bill introduces a two-year transition period to allow for existing legal actions to be concluded.

Description

The Chancel Repairs Bill seeks to eliminate the historical legal obligation of lay rectors to pay for chancel repairs. Currently, some landowners are liable for these costs, even if they haven't directly benefited from the chancel's use. This bill removes that liability.

Key Provisions:
  • Abolition of Liability: After the bill becomes law, no lay rector will be legally responsible for chancel repairs.
  • Exception: This abolition doesn't affect liabilities stemming from the 1936 Tithe Act.
  • Transitional Period: A two-year period after the bill's enactment is provided to deal with existing or pending legal claims related to chancel repairs. Any claims started prior to or within two years of the bill's enactment will still proceed. This excludes new claims against individuals who become lay rectors after the bill becomes law.
  • Geographic Scope: The bill only applies to England.

Government Spending

The bill is not expected to have a direct impact on government spending. The costs of chancel repairs will shift from lay rectors to other sources, potentially impacting church funds or parishioners.

Groups Affected

  • Lay Rectors: This bill will significantly benefit lay rectors by removing a potentially substantial financial burden.
  • Churches/Parishes: Churches may face increased financial pressure to fund chancel repairs themselves, potentially requiring increased fundraising or relying on parishioners for support.
  • Individuals involved in existing legal cases related to chancel repairs: The bill's transition period will affect the outcome of existing legal actions.
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