(1)Subject to subsection (2) of this section, no person shall be capable of being appointed or presented to an office listed in the Schedule to this Measure if at the time of his appointment or presentation he has attained the age of seventy years.
(2)Subsection (1) of this section shall not apply to an office in a Royal Peculiar nor to the office of residentiary canon in a cathedral church if the canonry is annexed to a professorship in a university nor to the office of dean of the Cathedral Church of Christ in Oxford.
(3)Subject to the following provisions of this Measure, a person who holds an office listed in the Schedule to this Measure shall vacate that office on the day on which he attains the age of seventy years.
[F1(3A)Neither subsection (1) nor subsection (3) shall apply to an appointment made or continued in reliance on regulation 29A of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (cases where person may hold office after attaining the age of 70).]
[F2(3B)Neither subsection (1) nor subsection (3) shall apply to an office held under a contract of employment.]
(4)Subsection (3) of this section shall not apply to—
(a)any person who holds an office in a Royal Peculiar; or
(b)any person who holds a residentiary canonry which is annexed to a professorship in a university; or
(c)any person who holds the office of dean of the Cathedral Church of Christ in Oxford; or
(d)any person who at the commencement of this Measure holds any office listed in the said Schedule unless and until he vacates the office held by him at the said commencement.
(5)The foregoing provisions shall have effect notwithstanding anything in any Measure passed before the date of the passing of this Measure, or in any instrument made under such a Measure or in the constitution and statutes of a cathedral church.
Textual Amendments
F1S. 1(3A) inserted (1.7.2017) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017 (S.I. 2017/316), regs. 1(2), 2(4)
F2S. 1(3B) inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 6(1), 17(3); S.I. 2019/67, art. 2(1)(e)
Modifications etc. (not altering text)
C1S. 1 amended by Church of England (Miscellaneous Provisions) Measure 1978 (No. 3, SIF 21:8), s. 2