6Formulation and submission to bishop of draft proposalsE
(1)Before deciding to make any recommendations to the bishop, the mission and pastoral committee shall so far as may be practicable ascertain the views of the interested parties or invite them to express their views[F1—
(a)on the recommendations the committee proposes to make, or
(b)if the committee has yet to formulate recommendations, on the issues which the committee considers need to be addressed.]
(2)Subject to subsection (3) in this Part “interested parties”, in relation to any recommendations, [F2plans,] proposals or draft scheme or order, means—
(a)incumbents of any benefices which would be affected by the implementation thereof, including vicars in a team ministry established for the area of any such benefice;
(b)the patrons of any such benefices;
(c)the parochial church councils of any parishes which would be so affected;
(d)the priests in charge of any conventional districts wholly or partly within the area of any benefices which would be so affected and the parochial church councils of such districts; and
(e)the archdeacons and rural deans of any archdeaconries and deaneries which would be so affected or to which any such benefices or parishes belong and the lay chairmen of the deanery synods of any such deaneries.
For the purposes of this subsection a change in the patronage of a benefice shall be deemed to affect that benefice and the parish or parishes of the benefice and, in the case of a parish of a parish church cathedral, the reference in paragraph (c) to a parochial church council shall be construed as a reference to the Chapter of the cathedral.
(3)In this Part “interested parties”, in relation to any recommendations, [F3plans,] proposals, draft scheme or order which are or is limited to creating, altering or dissolving archdeaconries or deaneries, or altering the name of any archdeaconry or deanery, means—
(a)the parochial church councils of any parishes for which a change of archdeaconry or deanery, or an alteration of the name thereof, is contemplated or proposed and the parochial church councils of any conventional districts wholly or partly within such parishes;
(b)the incumbents of benefices to which such parishes belong and the priests in charge of such districts; and
(c)the archdeacons and rural deans of the archdeaconries and deaneries affected and the lay chairmen of the deanery synods of such deaneries.
Where a team ministry is established for the area of a benefice, the reference in paragraph (b) to the incumbents of benefices shall in relation to that benefice be construed as a reference to all the persons who constitute the team under section 34(1).
(4)Where any recommendations, [F4plans,] proposals, draft scheme or order relate or relates to any person holding office under Common Tenure whose office would or might be abolished if they or it took effect F5..., that person shall be deemed to be an interested party for the purposes of this Part.
(5)In the case of interested parties, being incumbents or vicars in a team ministry or a person referred to in subsection (4), the mission and pastoral committee shall, before reaching its decision, afford to each such person, if he or she so desires, an opportunity of meeting the committee or a sub-committee or representative thereof, but, in the case of a recommendation for a union of benefices or otherwise for the dissolution of any benefice or holding in plurality of any benefices, or the establishment of a team or group ministry for any benefice or benefices, or the abolition of any office of vicar in a team ministry, the incumbent of the benefice or each of the benefices or the holder of the office of vicar shall have an opportunity of meeting the committee (as distinct from a sub-committee or representative of the committee), if he or she so desires.
(6)In the case of interested parties, being parochial church councils, the committee shall, before reaching its decision, afford to each council or their representative, if the council so requests, an opportunity of meeting the committee or, if the committee so decides, a sub-committee thereof or, with the consent of the council, a representative of the committee.
(7)When the committee has decided to make recommendations, it shall formulate them in draft proposals and submit them to the bishop, and the bishop may, with the agreement of the committee, make such amendments to the draft proposals as appear to him desirable.
(8)The committee shall annexe to the draft proposals formulated by it a statement of the views of the interested parties.
[F6(8A)The duties under subsections (1), (5) and (6) do not apply in relation to a plan for pastoral reorganisation which has been approved by the deanery synod of each deanery which would be affected by implementation of the plan if—
(a)the plan has also been approved by the mission and pastoral committee,
(b)the draft proposals submitted under subsection (7) are to the same effect, or substantially the same effect, as proposals included in the plan as so approved,
(c)the interested parties have been consulted on the plan, and
(d)any person holding office under Common Tenure whose office would or might be abolished if the plan took effect has had an opportunity to meet the mission and pastoral committee.
(8B)The duty under subsection (8) does not apply in the case of draft proposals which relate to a plan of the kind referred to in subsection (8A).]
(9)In this section “incumbent”, in relation to a benefice in respect of which a suspension period has been declared and is for the time being in force, means the priest in charge thereof.
[F7(10)The reference in subsection (1) to the interested parties includes a reference to any other person who the mission and pastoral committee considers might be affected by the matters in question; and the references in subsections (5), (6), (8) and (8A) to the interested parties are accordingly to be read as including a reference to those other persons.]
Textual Amendments
F1S. 6(1)(a)(b) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 1(1), 14(3); S.I. 2018/722, art. 3(a)
F2Word in s. 6(2) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 1(2), 14(3); S.I. 2018/722, art. 3(a)
F3Word in s. 6(3) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 1(2), 14(3); S.I. 2018/722, art. 3(a)
F4Word in s. 6(4) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 1(2), 14(3); S.I. 2018/722, art. 3(a)
F5Words in s. 6(4) repealed (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 19(2); S.I. 2014/1369, art. 2
F6S. 6(8A)(8B) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 1(3), 14(3); S.I. 2018/722, art. 3(a)
F7S. 6(10) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 1(4), 14(3); S.I. 2018/722, art. 3(a)
Commencement Information
I1S. 6 in force at 1.7.2012 by S.I. 2012/1, art. 2