Pluralities Act 1838

38 Privileges for temporary non-residence. E+W+S

[F1 (1)] No spiritual person being dean of any cathedral or collegiate church, during such time as he shall reside upon his deanery; and no spiritual person having or holding any professorship or any public readership in either of the said universities, while actually resident within the precincts of the university and reading lectures therein (provided always, that a certificate under the hand of the vice chancellor or warden of the university, stating the fact of such residence, and of the due performance of such duties, shall in every such case be transmitted to the bishop of the diocese wherein the benefice held by such spiritual person is situate within six weeks after the thirty-first day of December in each year); and no spiritual person serving as chaplain of the Queen’s or King’s most excellent Majesty, or of the Queen dowager, or of any of the Queen’s or King’s children, brethren, or sisters, during so long as he shall actually attend in the discharge of his duty as such chaplain in the household to which he shall belong; and no chaplain of any archbishop or bishop, whilst actually attending in the discharge of his duty as such chaplain; and no spiritual person actually serving as chaplain of the House of Commons, or as clerk of the Queen’s or King’s closet, or as a deputy clerk thereof, while any such person shall be actually attending and performing the functions of his office; and no spiritual person serving as chancellor or vicar general or commissary of any diocese, whilst exercising the duties of his office; or as archdeacon, while upon his visitation, or otherwise engaged in the exercise of his archidiaconal functions; or as dean or subdean, or priest or reader, in any of the Queen’s or King’s royal chapels at Saint James’s or Whitehall, or as reader in the Queen’s or King’s private chapels at Windsor or elsewhere, or as preacher in any of the inns of court, or at the rolls, whilst actually performing the duty of any such office respectively; and no spiritual person, being provost of Eton college, or warden of Winchester college, or master of the Charter House, or principal of Saint David’s college, or principal of King’s college, London, during the time for which he may be required to reside and shall actually reside therein respectively; shall be liable to any of the penalties or forfeitures in this Act contained for or on account of non-residence on any benefice for the time in any year during which he shall be so as aforesaid resident, engaged, or performing duties, as the case may be; but every such spiritual person shall, with respect to residence on a benefice under this Act, be entitled to account the time in any year during which he shall be so as aforesaid resident, engaged, or performing duties, as the case may be, as if he had legally resided during the same time on some other benefice; any thing in this Act contained to the contrary notwithstanding.

[F2 (2) This section does not apply to any person who is subject to Common Tenure.]

Textual Amendments

F1 S. 38(1): s. 38 renumbered as s. 38(1) (E.) (31.1.2011) by The Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010 (S.I. 2010/2847), art. 1(3), Sch. 2 para. 4

F2 S. 38(2) added (E.) (31.1.2011) by The Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010 (S.I. 2010/2847), art. 1(3), Sch. 2 para. 4