SCHEDULES

SCHEDULE 3E Supplementary Provisions Applicable to Matters Arising out of Pastoral Schemes and Orders

Modifications etc. (not altering text)

C1Sch. 3 modified (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 58(2), 66(2) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

Provisions relating only to pastoral schemes affecting diocesan boundariesE

16(1)Where a benefice or parish or extra-parochial place is transferred from one diocese to another by a pastoral scheme,—E

(a)any property vested in the diocesan board of finance of the old diocese and held for ecclesiastical purposes relating solely to the benefice or parish or place transferred shall vest in the diocesan board of finance of the new diocese and be held for those purposes;

(b)all documents and maps in the custody of the registrar or other officer of the old diocese and relating solely to the benefice or parish or place transferred shall be transferred to the register or corresponding officer of the new diocese;

(c)any licence granted by the bishop of the old diocese shall, so far as it relates to the benefice or parish or place transferred or any church therein, be deemed for all purposes to have been granted by the bishop of the new diocese;

(d)any order, direction or action made, given or taken by the bishop or the diocesan board of finance or any clerical or lay officer or body of the old diocese with respect to the benefice or parish or place transferred or any property thereof shall be deemed to have been made, given or taken by the bishop, diocesan board of finance or corresponding clerical or lay officer or body of the new diocese;

(e)the power of the diocesan board of finance to apply under paragraph 11(6) for a scheme under [F1section 16 of the Charities Act 1993] shall be exercisable by the board of either diocese.

(2)Where part of the area of a benefice or part of a parish or extra-parochial place is transferred as aforesaid, the foregoing sub-paragraph shall apply as if the references to the benefice or parish or place transferred were references to the part transferred.

(3)Where a pastoral scheme or order makes any alteration of diocesan boundaries, the Commissioners may make, as respects each of the dioceses affected after consultation with the diocesan board of finance of each of those dioceses, such adjustments as they consider desirable in [F2any]fund, account or allocation held or made by them [F3 and the diocesan board of finance of each of those dioceses shall make such adjustments in the capital or income accounts of the diocesan stipends fund or the diocesan pastoral account as the Commissioners, after consultation with the diocesan board of finance of each of those dioceses, may direct.].

(4)In this paragraph the expression “old diocese” and “new diocese” shall respectively mean the diocese from which and the dioceses to which the benefice, parish or extra-parochial place or part thereof is transferred.

Textual Amendments