Pastoral Measure 1983 (repealed)

67 Suspension of presentation for period not exceeding five years. E

(1) Where a benefice is vacant or is shortly to become vacant, the bishop may, subject to the following provisions of this Measure, with the consent of the pastoral committee, and after consultation with—

(a) the [F1 registered patron]of the benefice,

(b) the parochial church council of the parish or each of the parishes concerned, and

(c) both chairmen of the deanery synod of the deanery concerned;

give notice that during such period not exceeding five years as may be specified in the notice (hereafter in this Measure referred to as the “suspension period”), the [F1 registered patron]shall not exercise his right of presentation without the consent of the pastoral committee and (if he is not the [F1 registered patron]) of the bishop; and thereupon the said right shall only be exercised in accordance with the notice during the suspension period.

When consulting any person in accordance with this subsection the bishop shall inform him of the reasons why he is considering whether he should exercise the power conferred by this subsection.

(2) The power conferred by the foregoing subsection may be exercised in relation to any benefice at any time within three months before the benefice is due to become vacant or at any time during the vacancy.

(3) Except where any consultation required by subsection (1) takes place at a meeting between the bishop or his representative and the person to be consulted or his representative, that person shall be advised that he may, within twenty-eight days after receiving a request from the bishop for his views about the giving of the notice under that subsection, request a meeting with the bishop or his representative, and where such a request is made, the bishop shall convene a meeting which all the persons whom he is required by that subsection to consult shall be invited to attend, either in person or by representatives, for the purpose of enabling those present to consult with the bishop or his representative about the giving of the said notice.

(4) The suspension period shall come to an end before the date on which it would otherwise expire, in any of the following circumstances:—

(a) if notice is given by the bishop that the necessary consent or consents have been given to the exercise of the patron’s right of presentation;

(b) if notice is given by the bishop with the consent of the pastoral committee, terminating the said period; or

(c) if a pastoral scheme or order provides for the holding of the benefice in plurality with another benefice or other benefices, or a pastoral scheme otherwise affecting the benefice expressly provides for the termination of the said period;

and the termination shall, in the cases mentioned in paragraphs (a) and (b) hereof, take effect on such day, not being less than fourteen days after the date of the notice, as may be specified therein, and, in the cases mentioned in paragraph (c) hereof, shall take effect when the relevant provisions of the pastoral scheme or order come into operation.

(5) The bishop may, before the expiration of a suspension period, by a further notice, given with the same consent and after the same consultation as were required for the original notice given under subsection (1), extend the period for a further period not exceeding five years; and the said power may be exercised from time to time before the expiration of any extension of a suspension period.

[F2 (5A) After the expiration of a suspension period, the bishop may, by a further notice, given with the same consent and after the same consultation as were required for the original notice given under subsection (1), declare a new suspension period in relation to the vacancy and, if he does so, subsections (1), (3), (4) and (5) shall apply in relation to any notice given and any suspension period declared under this subsection as they apply to a notice given and a suspension period declared under subsection (1).]

(6) A notice given by the bishop under this section shall be given to—

[F3 (za) the designated officer within the meaning of section 7(5) of the Patronage (Benefices) Measure 1986 (1986 No. 3),]

[F4 (b)] the pastoral committee,

[F4 (c)] the registered patron of the benefice, unless the only registered patron is the bishop;

[F4 (d)] both chairmen of the deanery synod of the deanery concerned,

[F4 (e)] the churchwardens of the parish or each of the parishes concerned, and

[F4 (f)] F5 . . .the sequestrators;

and a copy of the notice shall be filed in the diocesan registry.

[F6 (6A) The designated officer shall, not earlier than six months, and not later than three months, before any suspension period declared under this section is due to expire, other than a suspension period which comes to an end before the date on which it would otherwise expire under subsection (4), give notice to the bishop and, unless the designated officer is also the secretary of the mission and pastoral committee, to that secretary, of the date on which the suspension period is due to expire.]

(7) The churchwardens to whom any such notice as aforesaid is given shall forthwith cause it to be affixed at or near to the door of a parish church or, if there is no parish church, of the principal place of worship in the parish.

Textual Amendments

F1 Words substituted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 18(a)

F2 S. 67(5A) inserted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 5 para. 13(a) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

F3 S. 67(6)(za) inserted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 5 para. 13(b) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

F4 S. 67(6)(a)-(e) renumbered as s. 67(6)(b)-(f) (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 5 para. 13(b) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

F5 Words in s. 67(6)(e) omitted (1.6.1992) by virtue of Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para.21;Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F6 S. 67(6A) inserted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 5 para. 13(c) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops