Church of England (Miscellaneous Provisions) Measure 2014

Patronage (Benefices) Measure 1986 E

9 (1) The Patronage (Benefices) Measure 1986 is further amended as follows. E

(2) In section 10, for the word “wife” there are substituted the words “ spouse or civil partner ”.

(3) For section 35(1B) there are inserted the following subsections—

“(1B) Where—

(a) Her Majesty has the right of presentation to a benefice which is vacant during a vacancy in the see of a diocesan bishop and to which the right of presentation would, but for that vacancy, be exercisable by that bishop, and Her Majesty has given notice under section 2(3) of the 2010 Measure, or

(b) that right of presentation is exercisable on behalf of Her Majesty by the relevant bishop under section 2(2) of that Measure,

any reference to the registered patron in any provision of this Measure listed in subsection (1C) below shall be construed as references—

(i) where paragraph (a) above applies, to Her Majesty, and

(ii) where paragraph (b) above applies, to the relevant bishop.

(1C) The provisions referred to in subsection (1B) are sections 7(4), 11(8), so far only as it relates to parish representatives, 13(1)(b)(i), (3) and, so far only as they relate to parish representatives, (4) and (5), 22 and 34(5).”.

(4) In section 35(7)(a) the words “, in the case of a shared benefice,” are omitted.

(5) After section 35(7) there is inserted the following subsection—

“(7A) Where section 2 of the 2010 Measure applies—

(a) if Her Majesty has not given any such notice as is referred to in subsection (3) of that section, section 35(7)(a) above has effect as if the second and third references to Her Majesty were references to the relevant bishop, and

(b) section 35(7)(b) above has effect as if the reference to a person other than Her Majesty did not include a reference to the relevant bishop.”.

(6) In section 37(1), for the words “shall be in the prescribed form” there are substituted the words “ shall, where the form of the notice is prescribed by the Patronage (Procedure) Committee, be in the prescribed form ”.

(7) In section 39(1), at the beginning of the definitions, there is inserted the following definition—

• ““the 2010 Measure” means the Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010 (No. 2);”.

Commencement Information

I1 Sch. 2 para. 9 in force at 1.1.2015 by S.I. 2014/2077, art. 2(2) (with Sch. para. 5)