Ecclesiastical Offices (Terms of Service) Measure 2009

4 Provision of housing for office holders E

(1) Every office holder who holds a full-time office for which he or she is entitled to receive a stipend other than the incumbent of a benefice shall be entitled to be provided by the relevant housing provider with accommodation which is reasonably suitable for the purpose and accommodation provided under this section is referred to in this Measure as a “house of residence”.

(2) The right conferred by subsection (1) above is subject to any provision removing or modifying that right which may be specified, with the agreement of the office holder, in the particulars of office served on him or her in accordance with Regulations.

(3) Where the particulars of office served on an office holder who holds a part-time post specify the provision of accommodation for the office holder the office holder shall be treated, for the purposes of this section, as if he or she had an entitlement under subsection (1) to be provided with accommodation in accordance with those particulars of office.

[F1 (3A) A lay residentiary canon of a cathedral does not have the right conferred by subsection (1) or (3) but the relevant housing provider may nonetheless decide to provide the office holder with a house of residence.]

(4) Except as aforesaid, it shall be a condition of the provision of a house of residence to an office holder that the office holder occupies it for the better performance of the duties of the office and the terms on which the house of residence is occupied shall not create a relationship of landlord and tenant between the relevant housing provider and the office holder.

(5) The right conferred by subsections (1) and (3) above shall cease on such date as may be specified in or under Regulations.

(6) Subject to the preceding provisions of this section, the terms on which the office holder exercises the right conferred by subsections (1) and (3) shall be specified in Regulations.

(7) In this Measure “relevant housing provider” means—

(a) in the case of an archbishop or a diocesan bishop, the Commissioners;

(b) in the case of a dean, residentiary canon or other person in holy orders holding a stipendiary office in a cathedral [F2 or in the case of a lay residentiary canon of a cathedral], the Chapter of the cathedral; and

(c) in the case of a suffragan bishop, archdeacon or other office holder, the Board.

(8) A relevant housing provider may agree with another relevant housing provider (“the second provider”) that the second provider shall be responsible for providing accommodation in a particular case and, whilst any such agreement is in force, the second provider shall, in relation to any such accommodation, be deemed to be the relevant housing provider for the purposes of this Measure.

[F3 (9) A person who is entitled to grant land under section 29 of the Church Property Measure 2018 (grants to diocesan board of finance) is entitled also to grant land to the Board for the purposes of its functions under this Measure.]

Textual Amendments

F1 S. 4(3A) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 7(2)

F2 Words in s. 4(7)(b) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 7(3)

F3 S. 4(9) inserted (1.3.2019) by Church Property Measure 2018 (No. 8), ss. 29(8), 53(2); S.I. 2019/97, art. 2

Commencement Information

I1 S. 4 in force at 31.1.2011 by S.I. 2010/8, art. 2