http://www.legislation.gov.uk/id/ukcm/1986/3/contents/scotland

Patronage (Benefices) Measure 1986

Part I Registration and Transfer of Rights of Patronage

1 Registration of patrons.

2 Registration of patronage belonging to an office.

3 Transfer of rights of patronage.

4 Rectification of register.

5 Rights of patronage exercisable otherwise than by registered patron.

6 Abolition of registration of advowsons at Land Registry.

Part II Exercise of Rights of Presentation

General provisions as to filling of vacancies

7 Notification of vacancies.

8 Provisions as to declarations of membership.

9 Information to be sent to designated officer.

10 Disqualification for presentation.

11 Requirements as to meetings of parochial church council.

12Joint meeting of parochial church council with bishop and patron.

13 Provisions with respect to the selection of incumbent.

14 Failure of registered patron to comply with s. 9.

15 Failure of council to comply with s. 11 or 12.

Provisions which apply where benefice remains vacant for 18 months

16 Presentation to benefices remaining vacant for 18 months.

16ASpecial procedure for appointment of priest in charge as incumbent

Institution and collation

17 Provisions to have effect where bishop refuses to institute presentee.

18 Amendment of Benefices Act 1898.

19 Notice of intention of bishop to institute or collate person to benefice.

Provisions relating to benefice of which an incumbent is patron

20 Bishop to act in place of incumbent patron in certain cases.

Patronage exercisable jointly

20APower to appoint another joint patron

Exercise of patronage by personal representatives

21 Exercise of patronage by personal representatives.

Exchange of benefices

22 Exchange of benefices.

Special provisions as to certain benefices

23 Special provisions applicable to certain benefices.

Interpretation of Part II

24 Interpretation of Part II.

Part IIIMiscellaneous Provisions as to Patronage

Appointment of patron of benefice which has no registered patron

25Appointment of patron of benefice which has no registered patron.

25AExercise of patronage where registered patron disqualified

Diocesan Boards of Patronage

26Diocesan Board of Patronage.

27Powers of Diocesan Boards of Patronage.

28Presentation by Diocesan Board of Patronage in case of void benefice.

Benefices affected by pastoral re-organisation

29Provisions as to patronage affected by pastoral schemes.

Other amendments of the law relating to rights of patronage etc.

30Removal of certain disabilities.

31Abrogation of rules as to lapse.

32Advowsons appendant to become advowsons in gross.

33Transfer of advowson subject to trust of land or comprised in settled land.

34Abolition of certain rights etc. of patronage.

Part IV General and Supplementary Provisions

Benefices in the patronage of the Crown, Duke of Cornwall or Lord Chancellor

35 Provisions with respect to benefices in the patronage of the Crown or Duke of Cornwall.

36 Provisions with respect to benefices in patronage of Lord Chancellor.

Supplementary provisions

37 Provisions as to notices and other documents.

38 Patronage (Procedure) Committee.

39 Interpretation.

40 Temporary provision with respect to filling of certain vacancies.

41 Amendments and repeals.

42 Short title, extent and commencement.

SCHEDULE 1 Registration of Patrons

Preparation of list of patrons

1The registrar of each diocese shall before the expiration of...

2(1) Before the expiration of the period of six weeks...

Application for registration

3Any person who claims to be a patron of a...

4Any person to whom a right of patronage of a...

5Any person who claims in relation to any benefice—

6Any application made under paragraph 3, 4 or 5 above...

Determination of disputes

7Where the registrar— (a) decides that any person—

8A person on whom a notice is served under paragraph...

9(1) On receiving a notice of appeal under paragraph 8...

10(1) There shall be a committee to be known as...

11The Patronage (Appeals) Committee shall have power to make rules...

12(1) Any rules made by the Patronage (Appeals) Committee shall...

13(1) In the case of any disagreement as to the...

Notices to parishes

14After the registrar has registered any person as a patron...

Benefices held in plurality

15The preceding provisions of this Schedule shall have effect for...

Rights of patronage belonging to an office

16Where a right of patronage of a benefice belongs to,...

SCHEDULE 2 Modification of Part II in its Application to Certain Benefices

Benefice comprising two or more parishes

1Where a benefice comprises two or more parishes then, except...

2In section 7(4), for the words “the parish” there shall...

3In section 9(6) for the words “secretary of the parochial...

4For section 11(1) there shall be substituted:—

5In section 11(2), for the words from the beginning to...

6In section 11(3), for the words “the parochial church council”...

7In section 11(4), for the words from “the council by...

8For section 11(5) there shall be substituted—

9In section 11(8) for “1(a)” there shall be substituted “(1A)”...

10For section 12(1) there shall be substituted—

11In section 12(2) for the word “council” there shall be...

12In section 12(3) for the words “the parochial church council”...

13In section 12(5) for the words “secretary of the parochial...

14In section 12(8)(c) for the word “council” there shall be...

15In section 12(9) for the words “The secretary of the...

16In section 16(3) for the words “of the parish”, in...

17In section 19(1) for the words “of the parish” there...

18In section 22(1) for the words “the parish of each...

Benefices having team council or joint parochial church council

19Where, by a pastoral scheme or by a scheme made...

20Where, by a pastoral scheme or by a scheme made...

20AParagraph 19 applies only to a team council, and paragraph...

Benefice of which parochial church council is the registered patron

21Where the parochial church council of the parish belonging to...

Benefices held in plurality

22Where two or more benefices are held in plurality, the...

SCHEDULE 3 Constitution and Procedure of a Diocesan Board of Patronage

1(1) A Diocesan Board of Patronage (hereinafter referred to as...

2The bishop of the diocese may nominate any suffragan bishop...

3The Board shall elect one of its members other than...

4(1) The election of members of the Board shall take...

5(1) The quorum of the Board shall be six.

6A clerical member of the Board shall not take part...

7Subject to the preceding provisions and to any directions as...

8No election shall be held under this Schedule until after...

SCHEDULE 4 Minor and Consequential Amendments

1In section 58 of the Pluralities Act 1838 for the...

Parsonages Measure 1938

2In section 2A of the Parsonages Measure 1938 for the...

3In section 3(1) of that Measure for the words “the...

4In section 7 of that Measure immediately before the word...

5In section 13 of that Measure immediately before the word...

6In section 15(1) of that Measure paragraph (i) shall be...

7In section 16 of that Measure immediately before the word...

8At the end of section 20 of that Measure there...

New Parishes Measure 1943

9In section 28 of the New Parishes Measure 1943 for...

Parsonages (Amendment) Measure 1947

10In section 1 of the Parsonages (Amendment) Measure 1947 immediately...

City of London (Guild Churches) Act 1952

11In section 9(6) of the City of London (Guild Churches)...

12In section 10(1) of that Act for the word “is”...

Synodical Government Measure 1969

13In Schedule 3 of the Synodical Government Measure 1969 (Church...

Repair of Benefice Buildings Measure 1972

14In the proviso to section 12(3) of the Repair of...

15In section 21(1) of that Measure for the words from...

16In section 31(1) of that Measure for the definition of...

Pastoral Measure 1983

17In section 18(2) of the Pastoral Measure 1983—

18In section 67 of that Measure— (a) in subsection (1)...

19In section 68(2) of that Measure for the word “patron”...

20In section 69 of that Measure— (a) in subsection (1)...

21In section 70 of that Measure— (a) in paragraph (a)...

22For section 80(1) of that Measure there shall be substituted...

23In section 82 of that Measure for the word “patron”...

24In section 87(1) of that Measure the following definition shall...

25In Schedule 3 to that Measure— (a) in paragraph 1—...

SCHEDULE 5 Repeals