Parsonages Measure 1938 (repealed)

3 Provisions as to exercise of foregoing powers. E

(1) An incumbent or bishop proposing to exercise any of the powers conferred on him by [F1 any of the foregoing sections] of this Measure shall give the prescribed notice to [F2 the registered patron]of the benefice affected and to the parochial church council of the parish within which that benefice is situate, and [F3 the Church Commissioners] shall, before consenting to the exercise of such power, consider any objection raised within the prescribed time by such patron or council, and, if satisfied that such objection ought not to prevent the exercise of such power, shall inform the patron or council, as the case may require, of the reasons upon which such conclusion is founded.

. . . F4

(2) Where it shall appear desirable to a Diocesan Dilapidations Board that any of the powers conferred by [F1 any of the foregoing sections] of this Measure should be exercised in any benefice, the Board shall make a report to the bishop, and if the bishop and the incumbent of the benefice, or during a vacancy the bishop acting alone, shall request the Board so to do, the Board may frame proposals for the exercise of such power in accordance with the provisions of this Measure, and such proposals shall be communicated by the Board to the bishop and (except during a vacancy) to the incumbent.

(3) [F3 The Church Commissioners] may make such recommendations as may be deemed fit as to the costs, charges and expenses which may be incurred in connection with the exercise of any power conferred by [F1 any of the foregoing sections] of this Measure, and any recommendations so made shall, if the Diocesan Dilapidations Board concur in them, be binding on the person exercising such power.

[F5 (4) An incumbent or bishop proposing to exercise any of the powers conferred on him by any of the foregoing sections of this Measure in respect of the residence house of a benefice for which a team ministry is established shall, if the house is or is to be occupied by the incumbent,—

(a) keep every member of the team informed of matters arising from the proposal;

(b) afford every member of the team an opportunity to express views thereon before taking any action to implement the proposal; and

(c) have regard to those views before taking any such action.]

Textual Amendments

F1 Words substituted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), s. 3(2)

F2 Words substituted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 3

F3 Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

F4 Proviso inserted by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), s. 3(2) was repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1)(2), Sch. 4 para. 3, Sch. 5

F5 S. 3(4) inserted (1.5.1996) by 1995 No. 1; Instrument dated 12.2.1996 made by Archbishops of Canterbury and York