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(1)The Commissioners shall hold an account for each diocese to be called the diocesan pastoral account and shall transfer thereto—
(a)any moneys which are payable to the said account under any provisions of this Measure or any scheme or order made thereunder;
(b)such other moneys as the bishop and the diocesan board of finance for the diocese, after consultation with the Commissioners, direct the Commissioners to accept for payment to the said account not being moneys for the application or disposal of which provision is made by or under any other enactment.
(2)The diocesan board of finance shall pay to the Commissioners any moneys in the possession of the said board which are payable to the Commissioners under any provision repealed by this Measure or by the M1Pastoral Measure 1968 and those moneys shall be credited to the diocesan pastoral account of the diocese concerned.
(3)Every diocesan board of finance shall as soon as practicable after the end of each financial year of the board prepare an account of the moneys paid into or out of the diocesan pastoral account during that year and shall include therein a statement of the amount by which the diocesan pastoral account was in debit or credit, as the case may be, at the beginning and end of that year.
(4)Every diocesan board of finance shall send to the Commissioners annually a copy of the account prepared by the board under this section duly audited and shall lay a copy thereof before the diocesan synod.
Modifications etc. (not altering text)
C1S. 77: transfer of functions (1.1.2001) by 2000 Measure No. 1, s. 1(1)(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
Marginal Citations
(1)Expenses incurred by or on behalf of, or under the authority or direction of, the bishop of any diocese or any pastoral committee or any diocesan redundant churches uses committee or the Commissioners for the purposes of this Measure or any scheme or order made thereunder, may be paid out of the moneys standing to the credit of such one or more of the diocesan pastoral accounts as the Commissioners may determine, so far as those moneys suffice, but such expenses shall not include the salaries or wages of persons in the regular employment of the bishop, any board or committee of the diocese, or the Commissioners, or any part of such salaries or wages.
(2)The Commissioners may, and if the diocesan board of finance after consultation with the Commissioners, so request, shall, repay out of the diocesan pastoral account any money expended by them or the board on any property vested by or under this Measure in the Commissioners or the board, as the case may be, for the purpose of furthering the disposal or use of the property.
(3)Where, after consultation with the diocesan board of finance, the Commissioners are satisfied that any moneys standing to the credit of a diocesan pastoral account are not required or likely to be required for meeting the expenses or expenditure referred to in the foregoing subsections, then, subject to subsection (4), they shall, at the request of the diocesan board of finance,—
(a)apply those moneys by way of grant or loan to the provision, restoration, improvement or repair of churches and parsonage houses in the diocese, including the repair of any redundant building vested in the board pending the making of a redundancy scheme, or to other purposes of the diocese or any benefice or parish in the diocese; or
(b)apply those moneys by way of grant or loan for the benefit of another diocese, either generally for the purposes aforesaid or for such of those purposes as the said board may specify; or
(c)transfer those moneys to the capital or income account of the diocesan stipends fund.
(4)Before making a request under subsection (3) the diocesan board of finance shall consult the Commissioners about the purposes for which the board wish the said moneys to be used under that subsection, and only with the agreement of the Commissioners shall the board be entitled to request that the moneys be transferred to a fund held or to be held on behalf of the diocese or any benefice or parish in the diocese, not being a fund held and administered by the Commissioners.
(5)If at any time there is not a sufficient amount standing to the credit of a diocesan pastoral account to meet any such expenses or expenditure as aforesaid, the Commissioners may, if they think fit, make an advance out of their general fund towards such expenses or expenditure and may, at such time or times as they think fit, transfer from that diocesan pastoral account into their general fund the amount of the advance.
Yn ddilys o 01/04/1994
(1)The Commissioners shall hold an account to be called the redundant churches temporary maintenance account and shall transfer thereto any moneys which are payable to the said account under section 52.
(2)The Commissioners may apply moneys standing to the credit of the redundant churches temporary maintenance account by way of grant or loan to the repair and maintenance of any redundant building vested in a diocesan board of finance pending the coming into operation of arrangements under a redundancy scheme.]
Textual Amendments
F1S. 78A inserted (1.4.1994) by 1994 No. 1, s. 10; Instrument dated 25.3.1994 made by Archbishops of Canterbury and York.
(1)Where by virtue of this Measure or any scheme or order made thereunder any land is vested in the Commissioners, the diocesan board of finance, the Redundant Churches Fund or an incumbent of a benefice, the Commissioners may determine the boundaries thereof by an instrument under their seal, and such determination shall for all purposes be binding on any of the said bodies and any incumbent, whether as the body or person in whom the land is vested or the body or person from whom it is transferred, but shall bind no other person.
(2)A copy of any such instrument purporting to be certified by an officer of the Commissioners as a true copy shall be sufficient evidence in any proceedings of the contents of the instrument.
[F2(1)Where it is necessary for the purposes of this Measure or any scheme or order made thereunder to find the registered patron of a benefice and it appears to the Commissioners that it is not possible or is not reasonably practicable to find that patron, the Commissioners may direct that the diocesan board of patronage shall be treated for those purposes as the registered patron of that benefice, and any such direction shall be conclusive for the said purposes.]
(2)The provisions of the foregoing subsection with respect to a person who cannot be found shall apply also with respect to a person as to whom the Commissioners are satisfied—
(a)that he is outside the United Kingdom and has not within the United Kingdom any representative authorised to act for him; and
(b)either that no address at which letters are likely to be delivered to him is known, or that a letter asking him to nominate such a representative has been written to him at his last known address but no reply has been received within a reasonable period.
(3)If at any time it appears to the Commissioners that the interest of any person in the patronage of a benefice is so small that for the purposes of section 32 or paragraph 1 of Schedule 3 it should be disregarded, they may determine his interest to be negligible and thereupon he may be treated for the said purposes as having no interest in the patronage of the benefice.
Textual Amendments
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3, nothing in this Measure or in any scheme or order made under this Measure shall without the consent, given either generally or in respect of a particular benefice, of Her Majesty or, as the case may be, of the Duke of Cornwall, apply in relation to any benefice the patronage or any share in the patronage of which is vested in or exercisable by her Majesty, whether in right of Her Crown or of Her Duchy of Lancaster, or is vested in or exercisable by the possessor for the time being of the Duchy of Cornwall, whether Her Majesty or a Duke of Cornwall.
(2)Any consent given under the foregoing subsection and, if by virtue of any such consent any provisions of this Measure or any scheme or order made thereunder apply to any such benefice as aforesaid, any consent, approval or other thing required by any such provision, scheme or order to be given or done by or to the patron of the benefice, may be given or done in accordance with the following provisions:—
(a)general consent under the foregoing subsection in respect of benefices the patronage of which is vested in or exercisable by Her Majesty in right of Her Crown, or a particular consent thereunder in respect of any such benefice which is about the yearly value of twenty pounds in the King’s books, and any consent, approval or other thing required as aforesaid to be given or done by or to the patron of any such last-mentioned benefice may be given or done by or to the Prime Minister;
(b)any particular consent under the foregoing subsection in respect of a benefice the patronage of which is vested in or exercisable by Her Majesty in right of Her Crown and the yearly value of which does not exceed twenty pounds in the King’s books, and any consent, approval or other thing required as aforesaid to be given or done by or to the patron of any such benefice, may be given or done by or to the Lord Chancellor;
(c)any consent under the foregoing subsection in respect of a benefice or benefices the patronage of which is vested in or exercisable by Her Majesty in right of the Duchy of Lancaster, and any consent, approval or other thing required as aforesaid to be given or done by or to the patron of any such benefice, may be given or done by or to the Chancellor of the Duchy;
(d)any consent under the foregoing subsection in respect of a benefice or benefices the patronage of which is vested in or exercisable by the possessor for the time being of the Duchy of Cornwall, and any consent, approval or other thing required as aforesaid to be given or done by or to the patron of any such benefice, may be given or done by or to any person authorised to act on behalf of the Duke of Cornwall under the M2Duchy of Cornwall Management Act 1863, including any persons having authority under section 38 or section 39 of the said Act.
Textual Amendments
F3Words repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(2), Sch. 5
Modifications etc. (not altering text)
C2S. 81(2)(a)–(d) modified by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 35(8)
Marginal Citations
Where a minor is entitled to the patronage or a share of the patronage of a benefice, any consent, approval or other thing required by any provision of this Measure or any scheme or order made thereunder to be given or done by or to the [F4registered patron]of the benefice may be given or done by or to the guardian of the minor.
Textual Amendments
F4Words substituted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 23
(1)All notices, consents, directions, determinations and requests required or authorised by this Measure to be served, sent, given, made or obtained shall be in writing.
(2)Any notice or other document required or authorised by this Measure to be served on or sent or given to any person may be served, sent or given by delivering it to him, or by leaving it at his proper address, or by post.
(3)Any such notice or other document required or authorised to be served, sent or given to a corporation or to an unincorporated body having a secretary or clerk or to a firm, shall be duly served, sent or given if it is served on or sent or given to, as the case may be, the secretary or clerk of the corporation or body or a partner of the firm.
(4)For the purposes of this section, and of section 7 of the M3Interpretation Act 1978, the proper address of the person on or to whom any such notice or other document is required or authorised to be served, sent or given shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, in the case of the secretary or clerk of an unincorporated body or a partner of a firm, be that of the principal office of the body or firm, and, in any other case, be the last known address of the said person:
Provided that, where the person on or to whom the notice or other document is to be served, sent or given, has, in accordance with arrangements agreed, furnished an address in the United Kingdom for the serving, sending or giving of the notice or other document, his proper address for those purposes shall be that address.
(5)If any question arises as to the person on or to whom, or the manner in which, any notice or other document is to be served, sent or given, the Commissioners may decide the question and their decision shall be conclusive.
Marginal Citations
(1)Where at the material time a parish has no parochial church council, the provisions of this Measure with respect to notices, consents and other things required or authorised to be given or done by or to such councils shall have effect, if the parish has churchwardens, as if the churchwardens were the parochial church council, and, if there are no churchwardens, shall have no effect with respect to that parish.
(2)Where at the material time a benefice has no incumbent, or the office of vicar in a team ministry is vacant, the provisions of this Measure with respect to notices, consents and other things required or authorised to be given or done by or to incumbents or vicars in team ministries shall have no effect with respect to that benefice or office.
(3)Where at the material time an archdeaconry has no archdeacon or a deanery has no rural dean, the provisions of this Measure with reference to notices, consents and other things required or authorised to be given or done by or to archdeacons or rural deans shall have no effect with respect to that archdeaconry or deanery.
(4)For the purposes of this section a certificate signed by the bishop stating that at any time specified therein a particular benefice, office of vicar in a team ministry, archdeaconry or deanery had no incumbent, vicar, archdeacon or rural dean, as the case may be, or a particular parish had no parochial church council or no churchwardens, shall be conclusive.