Trust & Parish property

In the Diocese of Rochester around 500 ecclesiastical and charitable trusts and parish properties are vested in the Diocesan Board of Finance (DBF) as a Diocesan Authority Custodian Trustee. The majority are excepted from registration with the Charity Commission.

For the great majority of these trusts the Parochial Church Council, or the incumbent and churchwardens of the parish concerned, are the managing trustees and are responsible for the day-to-day management of the trust affairs and property; however the DBF’s consent is required for legal transactions. 

The Board’s approval will be required for the following:

- Acquisitions or disposals, sale or lease, of property held under the provisions of the Parochial Church Councils 
  (Powers) Measure 1956. 

- Sales or leases of property held under the Incumbents and Churchwardens (Trusts) Measure 1964 or specific 
  trust deeds. 

- Expenditure of proceeds of sale of the above. 

- Applications to the Charity Commission for Schemes or Orders. 

- Applications to the Charity Commission under sections 74 and 75 of the Charities Act 1993 (small charities 
  provisions). 

- Release of capital, where allowed by the trust deed. 

- Vesting of new trusts.

Parochial Church Councils, incumbents and churchwardens wishing to enter into any legal transaction involving trust or PCC property are advised to seek guidance from the Diocesan Office, at an early stage in their planning, with regard to the provisions of the relevant trust deed, the PCC (Powers) Measure and the requirements of the Charities Act. 

The Diocesan Office will also provide general advice and guidance to parochial officials on charities not vested with the Board upon which they have become ex-officio trustees by virtue of their ecclesiastical office. General advice is also given to those attempting to resolve problems with non-ecclesiastical charities.