Mission and Pastoral Measure 2011

1 (1) A pastoral scheme establishing a team ministry shall provide for the presentation of the rector of the team ministry, other than the first rector if designated by the scheme, [F1 by a patronage board constituted by the scheme]. E

(2) Sub-paragraph (1) shall not apply in relation to a benefice of which the bishop is the sole patron, but in that case the scheme may provide as mentioned in that sub-paragraph, and if the scheme does not so provide, the bishop shall choose the rector, other than the first rector, if designated by the scheme, and shall collate him to the benefice.

(3) Any enactment (including this Measure) or rule of law relating to the presentation or collation of incumbents shall apply to any presentation or collation under this paragraph and before the patronage board F2 ... exercises its right of presentation or the bishop exercises his right of collation thereunder it or he, as the case may be, shall consult the other members of the team.

(4) A patronage board constituted by a pastoral scheme establishing a team ministry shall consist of the bishop, who shall chair the board and be known as the “Chair”, subject to paragraph 2(2), the rector, every vicar in a team ministry, any deacon authorised to serve in a team ministry, any person having special responsibility for pastoral care under section 34(8) and such other member or members as the scheme may provide, and regard shall be had in making such provision to the interests of persons who previously had patronage rights in the benefice for which the team ministry is established or, if it is a new benefice created by the union of two or more benefices, patronage rights in any of the constituent benefices, but it shall not be necessary, in cases where there are pastoral or practical objections, for those persons or all of them to be members of the patronage board.

(5) Without prejudice to the generality of sub-paragraph (4), the scheme may provide for empowering the bishop to appoint one or more persons, but not exceeding the number specified in the scheme, to be a member or members of the board for such period as the bishop may specify when making the appointment.

(6) The bishop may authorise a suffragan or assistant bishop or archdeacon of the diocese to act for him at any meeting of the board and exercise his voting rights, and any other member of the board (including any body corporate or unincorporated body of persons) may be represented by a person authorised to act and vote on his or her or their behalf being a person who has made the declaration of membership within the meaning of the Patronage (Benefices) Measure 1986.

(7) Subject to sub-paragraphs (8) and (9) and paragraphs 2(3) and (4), a scheme by which a patronage board is constituted may provide that any members of the board specified in the scheme shall be entitled to such number of votes as may be so specified and that where there is an equal division of votes the bishop, as Chair, shall have a casting vote, but except in so far as the scheme so provides, each member of the board shall be entitled to one vote.

(8) Every vicar in a team ministry, any deacon authorised to serve in a team ministry and any person having a special responsibility for pastoral care under section 34(8) shall be entitled between them to one vote which shall be exercised by such one of them or such two or more of them (acting unanimously or by majority) as may be present at the meeting in question.

(9) Every person referred to in sub-paragraph (8) other than a person who wishes to be considered for presentation shall be entitled to attend at meetings of the diocesan board of patronage at which the person to be presented as rector of the team ministry is considered and chosen and shall be entitled to vote as provided in that sub-paragraph.

(10) A patronage board constituted by the scheme shall be a body corporate for the purpose of holding the rights of patronage conferred upon it, and shall have a seal, and shall have power to regulate its own procedure.

F3 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The rights to be members of the patronage board or, as the case may be, to attend and vote at sittings of the diocesan board of patronage shall, except where the rights are vested in a person in right of his or her office or only for life or a term of years, be transferable inter vivos and on death, but in no case shall the rights be saleable and they shall not be deemed to be rights in land.

(13) Persons having the rights mentioned in sub-paragraph (12) shall furnish to the registrar of the diocese particulars of their rights including particulars of any transfer or devolution of the rights, and if they fail to do so their rights may be disregarded for the purposes of this paragraph (including sub-paragraph (14)).

(14) Where a pastoral scheme terminates a team ministry, the scheme shall, so far as practicable and having regard to pastoral considerations and to sub-paragraph (13), provide for restoring rights of patronage in respect of the benefice concerned to the persons who would have possessed them if the team ministry had never been established and, if and so far as it is not practicable to make such provision, shall make other provision for the vesting and exercise of rights of patronage in respect of the benefice.

(15) Sub-paragraphs (3) to (13) shall apply in relation to a pastoral scheme or order altering a team ministry under section 36(1)(c) or 51(e)(iv) as they apply in relation to a pastoral scheme establishing a team ministry.

[F4 (16) Where a meeting of a patronage board constituted by a pastoral scheme is held in more than one place (including electronic, digital or virtual locations, web addresses or conference call telephone numbers) and accordingly without any, or without all, of the persons being together in the same place—

(a) a reference in this Schedule to being present at the meeting includes a reference to being present by electronic means (including by telephone conference, video conference, live webcast or live interactive streaming), and

(b) a person is to be regarded as present at the meeting at any given time if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.]

Textual Amendments

F1 Words in Sch. 3 para. 1(1) substituted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 5(6), 14(3); S.I. 2018/722, art. 3(e) (with Sch. para. 2)

F2 Words in Sch. 3 para. 1(3) omitted (1.10.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 5(7), 14(3); S.I. 2018/722, art. 3(e) (with Sch. para. 2)

F3 Sch. 3 para. 1(11) omitted (1.10.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 5(8), 14(3); S.I. 2018/722, art. 3(e)

F4 Sch. 3 para. 1(16) inserted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), s. 22(2)(j), Sch. 2 para. 9

Commencement Information

I1 Sch. 3 para. 1 in force at 1.7.2012 by S.I. 2012/1, art. 2