Pluralities Act 1838

43 Bishop may grant licences for non-residence in certain enumerated cases. Appeal to archbishop in case of refusal. E+W+S

[F1 (1)] It shall be lawful for the bishop, upon such petition being presented to him, and upon such proofs being adduced as to any facts stated in any such petition as he may think necessary and shall require, to grant, in such cases as are herein-after enumerated, in which he shall think fit to grant the same, a licence in writing under his hand for such spiritual person to reside out of the proper house of residence of his benefice, or out of the limits of his benefice, or out of the limits prescribed by this Act, for the purpose of exempting such person from any pecuniary penalty in respect of any non-residence thereon, which licence shall express the cause of granting the same licence; (that is to say,) to any spiritual person who shall be prevented from residing in the proper house of residence or within the limits of such benefice, or within the limits prescribed by this Act, by any incapacity of mind or body; and also for a period not exceeding six months to any spiritual person on account of the dangerous illness of his [F2 spouse] [F3 or civil partner] or child making part of his family, and residing with him as such; but no such licence on account of the illness of a [F2 spouse] [F3 or civil partner] or child shall be renewed save with the allowance of the archbishop of the province previously signified under his hand in pursuance of a recommendation in writing from the bishop, setting forth the circumstances, proofs, and reasons which induce him to make such recommendations, and also to any spiritual person having or holding any benefice wherein there shall be no house of residence, or where the house of residence shall be unfit for the residence of such spiritual person, such unfitness not being occasioned by any negligence, default, or other misconduct of such spiritual person, and such spiritual person keeping such house of residence, if any, and the buildings belonging thereto, in good and sufficient repair and condition to the satisfaction of the bishop, and a certificate under the hand of two neighbouring incumbents, countersigned by the rural dean, if any, that no house convenient for the residence of such spiritual person can be obtained within the parish, or within the limits prescribed by this Act, being first produced to the bishop; and also to grant to any spiritual person holding any benefice, and occupying in the same parish any mansion or messuage whereof he shall be the owner, a licence to reside in such mansion or messuage, such spiritual person keeping the house of residence and other buildings belonging thereto in good and sufficient repair and condition, and producing to the bishop proof to his satisfaction at the time of granting every such licence of such good and sufficient repair and condition: Provided always, that any such spiritual person, within one month after refusal of any such licence, mayappeal to the archbishop of the province, who shall confirm such refusal, or direct the bishop to grant a licence under this Act, as shall seem to the said archbishop just and proper.

[F4 (2) This section does not apply to any person who is subject to Common Tenure.]

Textual Amendments

F1 S. 43(1): s. 43 renumbered as s. 43(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. 7

F2 Words in s. 43 substituted (1.2.1994) by 1993 Measure No. 2, s. 10, Sch. 3 para. 2; Instrument dated 31.1.1994 made by Archbishops of Canterbury and York

F3 Words in s. 43 inserted (5.12.2005) by Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 1, Sch. 3 para. 1(3)

F4 S. 43(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. 7