The Court considered a lease of two buildings used by the Salvation Army, one of which was used for services open to the public, with part of the other being used for education. The lease was originally granted to William Booth but was subsequently assigned by the then General of the Salvation Army to the defendants on trust to permit the buildings to be: ‘used as and occupied for the purposes of a place of worship by and in accordance with the practice and doctrines of the Salvation Army and for such other purposes of the Salvation Army, not inconsistent with that use and occupation, as the General of the Salvation Army should from time to time determine’.
Held: The terms of the trust allowed the lease to be enfranchised under the 1920 Act, on the basis that use for public religious worship was a ‘main object’ of the deed. The rooms used for teaching were either within the definition of ‘place of worship’ if used as a Sunday school, or if not did not prevent the premises qualifying, because: ‘premises are held upon trust to be used for the purposes of public religious worship none the less because some of the minor or less important parts of those premises are not used for public worship’
Maugham J
[1932] Ch 143
Places of Worship (Enfranchisement) Act 1920
England and Wales
Cited by:
Cited – Hope Community Church (Wymondham) v Phelan and Others ChD 22-May-2020
The Church, a private company limited by guarantee, sought a declaration that it had the right to enfranchise its church premises under the 1920 Act. . .
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Updated: 17 July 2021; Ref: scu.652837 br>