Textual Amendments
F1Sch. 3 substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 1 (with Sch. 3); S.I. 2019/1460, art. 2
Modifications etc. (not altering text)
C1Sch. 3 modified by Cathedrals Measure 1963 (No. 2), s. 12(3) (as substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 10;Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
Sch. 3 modified (30.6.1999) by Cathedrals Measure 1999 (No. 1), ss. 12(4), 38(2)(3) (with ss. 33, 37, 38(5)(6))
C2Sch. 3 applied by Churchwardens Measure 2001 (No. 1), s. 5(7) (as substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 15; S.I. 2014/1369, art. 2)
M40(1)This Rule applies where a parish to which a scheme under Rule M37 applies ceases, by virtue of a pastoral scheme or order or the termination of provisions of a pastoral scheme or order under section 32(2) of the Mission and Pastoral Measure 2011, to be connected to the other parish or parishes to which the scheme applies.E
(2)This Rule also applies where a parish to which a scheme under Rule M37 applies is dissolved by a pastoral scheme which makes provision under section 31(1)(b) of the Mission and Pastoral Measure 2011.
(3)The bishop may by written instrument under his or her hand—
(a)provide for the scheme to cease to apply to the parish which has ceased to be connected to the other parish or parishes or (as the case may be) has been dissolved, or
(b)provide for the scheme to be revoked.
(4)An instrument under this Rule which makes provision under paragraph (3)(a) must also provide for the transfer from the joint council to the PCC for the parish concerned of the property, rights, liabilities and functions concerned.
(5)An instrument under this Rule which makes provision under paragraph (3)(b) must also provide for the transfer from the joint council to the PCC for each of the parishes concerned of the property, rights, liabilities and functions concerned.
(6)Where any question arises as to the allocation of property, rights, liabilities or functions to a PCC on a transfer made by virtue of paragraph (4) or (5), the question is to be resolved by the diocesan board of finance for the diocese in which that PCC's parish is situated.]