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Pastoral Measure 1983

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1(1)A pastoral scheme establishing a team ministry shall provide for the presentation of the rector of the team ministry, other than the first rector if designated by the scheme, either by a patronage board constituted by the scheme or by the diocesan board of patronage.E

(2)Sub-paragraph (1) shall not apply in relation to a benefice of which the bishop is the sole patron, but in that case the pastoral scheme establishing a team ministry for that benefice may provide as mentioned in that sub-paragraph, and if the scheme does not so provide, the bishop shall choose the rector, other than the first rector, if designated by the scheme, and shall collate him to the benefice.

(3)[F1Any enactment](including this Measure) or rule of law relating to the presentation or collation of incumbents shall apply to any presentation or collation under this paragraph and before the patronage board or the diocesan board of patronage exercise their right of presentation or the bishop exercises his right of collation thereunder they or he, as the case may be, shall consult the other members of the team.

(4)A patronage board constituted by a pastoral scheme establishing a team ministry shall consist of the bishop, who shall be the chairman [F2, subject to paragraph 2(2), the rector, every vicar in a team ministry, any member of a team to whom section 20(3A) applies, any person having a special responsibility for pastoral care under section 20(8A)] , and such other member or members as the scheme may provide; and regard shall be had in making such provision to the interests of persons who previously had patronage rights in the benefice for which the team ministry is established or, if it is a new benefice created by the union of two or more benefices, patronage rights in any of the constituent benefices, but it shall not be necessary, in cases where there are pastoral or practical objections, for those persons or all of them to be members of the patronage board.

(5)Without prejudice to the generality of sub-paragraph (4), such a scheme may provide for empowering the bishop to appoint one or more persons, but not exceeding the number specified in the scheme, to be a member or members of the board for such period as the bishop may specify when making the appointment.

(6)The bishop may authorise a suffragan or assistant bishop or archdeacon of the diocese to act for him at any meeting of the board and exercise his voting rights, and any other member of the board (including any body corporate or unincorporated body of persons) may be represented by a person authorised to act and vote on this or their behalf [F3being a person who has made the declaration of membership within the meaning of the Patronage (Benefices) Measure 1986].

(7)Subject to [F4sub-paragraphs (7A) and (7B) and paragraphs 2(3) and (3A)] , a pastoral scheme by which a patronage board is constituted may provide that any member of the board specified in the scheme shall be entitled to such number of votes as may be so specified and that where there is an equal division of votes the bishop, as chairman, shall have a casting vote, but except in so far as the scheme so provides, each member of the board shall be entitled to one vote.

[F5(7A)Every vicar in a team ministry, any member of a team to whom section 20(3A) applies and any person having a special responsibility for pastoral care under section 20(8A) shall be entitled between them to one vote which shall be exercised by such one of them or such two or more of them (acting unanimously or by majority) as may be present at the meeting in question.

(7B)Every person referred to in sub-paragraph (7A) above other than a person who wishes to be considered for presentation shall be entitled to attend at meetings of the diocesan board of patronage at which the person to be presented as rector of the team ministry is considered and chosen and shall be entitled to vote as provided in the said sub-paragraph (7A).]

(8)A patronage board constituted by such a scheme as aforesaid shall be a body corporate for the purpose of holding the rights of patronage conferred upon them, and shall have a seal, and shall have power to regulate their own procedure.

(9)If the pastoral scheme provides for the [F6patron to be]the diocesan board of patronage, it shall give to persons specified in the scheme rights to attend and vote at the meetings of the board at which the person to be presented is considered and chosen, and regard shall be had in determining the persons to whom those rights are to be given to the interests of the persons mentioned in sub-paragraph (4), but it shall not be necessary, in cases where there are pastoral or practical objections, for those persons or all of them to be given those rights.

(10)The rights to be members of the patronage board or, as the case may be, to attend and vote at sittings of the diocesan board of patronage shall, except where such rights are vested in a person in right of his office or only for life or a term of years, be transferable inter vivos and on death, but in no case shall such rights be saleable and they shall not be deemed to be rights in land.

(11)Persons having the rights mentioned in the last foregoing sub-paragraph shall furnish to the registrar of the diocese particulars thereof, including particulars of any transfer or devolution of the rights concerned, and if they fail to do so their rights may be disregarded for the purposes of this paragraph (including the next sub-paragraph).

(12)Where a pastoral scheme terminates a team ministry, the scheme shall, so far as practicable and having regard to pastoral considerations and to the last foregoing sub-paragraph, provide for restoring rights of patronage in respect of the benefice concerned to the persons who would have possessed them if the team ministry had never been established and, if and so far as it is not practicable to make such provision, shall make other provision for the vesting and exercise of rights of patronage in respect thereof.

[F7(13)Sub-paragraphs (3) to (11) shall apply in relation to a pastoral scheme or order altering a team ministry under section 22(1)(bb) or 37(e)(v) as they apply in relation to a pastoral scheme establishing a team ministry.]

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Amendments (Textual)

F2Words in Sch. 3 para. 1(4) inserted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 59(2), 66(2) (with s. 59(7), Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

F4Words in Sch. 3 para. 1(7) substituted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 59(3), 66(2) (with s. 59(7), Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

F5Sch. 3 para. 1(7A)(7B) substituted for Sch. 3 para. 1(7A) (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 59(4), 66(2) (with s. 59(7), Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

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