Answers to some questions about parish trusts

Contact the Trust Officer or click an expandable heading below.

• Who owns our Parish Hall? Where are the deeds?

  The majority of church halls are owned either by the Incumbent and Churchwardens or by the PCC, and vested in the Diocesan Board of Finance (DBF). The deeds of these halls and other parish property and trusts are held at Church House. For further details, contact the Trust Officer. Where a hall is built as an extension to the church, on church curtilage, it is likely to be vested in the Incumbent and if there are any deeds these will be held by the Diocesan Registrar.

  Elizabeth Wallis - Trust Officer 01722 438665, elizabeth.wallis@salisbury.anglican.org   (Monday am, Thursday and Friday am only)

• A parishioner has left the PCC some money in her will; does it have to be vested in the Board of Finance?

  If the legacy is an outright gift it need not be vested in the DBF. If the money is left in trust (i.e. the wording of the will is on the lines of "£xxx to be held in trust and the income applied to…") then the legacy must be vested in the DBF. The DBF will hold the capital and the income will be mandated to the PCC.

• Someone has given us shares. Whose name should we register them in?

  Even if the shares are an outright gift, it may be most practical to have them held in the Diocesan Board of Finance's name, as the nominee for the PCC or Incumbent and Churchwardens. This saves the administrative effort of changing the details of the registered holders when there are changes of PCC officers.

• Our PCC has several very small funds vested in the DBF. Can we use the money to pay for re-ordering the church?

  If the income of the fund is less than £1,000 a year it may be eligible to be wound up under the small charities provisions of the Charities Act 2011. The process is simple and DBF consent will be required. For further details, please contact the Trust Officer.

  Elizabeth Wallis - Trust Officer 01722 438665, elizabeth.wallis@salisbury.anglican.org   (Monday am, Thursday and Friday am only)

• Our Church Hall is in a poor state of repair, we don't use it a lot but it is used for village activities; we can't afford to spend church funds on refurbishing it, what can we do?

  A number of church halls vested in the Diocesan Board of Finance (DBF) have been leased as Village Halls to secular Parish Councils or local trustees (Village Hall Committees). Charity Commission approval may be required. Normally the church will have some retained use of the Hall (e.g. on Sunday mornings for Sunday School, or for PCC meetings) and nominate a representative to the new management committee. The secular trustees may be able to access sources of funding that would not be available to the church. In the first instance DBF consent to the lease will be required.

• We have a large fund, which is the proceeds of sale of a trust property that was approved by a Charity Commission Scheme. Can we use the money to pay for church repairs?

  Much depends on the terms of the Scheme but it is very rare for the Charity Commission to approve the outright release of trust capital. However a Recoupment Scheme may be approved - this allows a loan from the capital, which has to be repaid over a term that may be as long as 40 years.

• The Incumbent and Churchwardens own a field; a neighbour wants to buy it. Can we sell it to him?

  Charity trustees are bound by the provisions of the Charities Act 2011 and must take valuation and legal advice, to demonstrate that they have disposed of the charity assets wisely. In some cases the trust deed may not confer a power of sale so a Charity Commission Scheme would be required.

• We are applying for a grant and have been asked for the PCC's charity registration number, what is it?

  The majority of PCCs are charities currently excepted from registration. They do not have a charity number.

  UPDATE: changes in legislation may alter their status after 31 March 2021.

  The Trust Officer can supply a copy of a letter from the Charity Commissioners, and the relevant Statutory Instrument, if proof is required.

  PCCs of large parishes, with an annual turnover in excess of £100,000 are required to register with the Charity Commission and will have their own charity registration number.

• We have been asked for a copy of the PCC’s constitution, where can this be found?

  The PCC can’t provide a copy of its constitution as there is no such thing. A PCC exists as a matter of law. It is a statutory corporation with charitable status pursuant to the Synodical Government Measure 1969, and the Parochial Church Councils (Powers) Measure 1956 section 3 and legislation subsidiary to that.