Pastoral Measure 1983 (repealed)

3 Formulation and submission to bishop of draft proposals. E

(1) Before deciding to make any recommendations to the bishop, the pastoral committee shall so far as may be practicable ascertain the views of the interested parties or, subject to subsection (7)(a) in the case of interested parties being local planning authorities, invite them to express their views.

(2) Subject to subsections (3) and (4), in this Part “interested parties”, in relation to any recommendations, proposals or draft scheme or order, means—

(a) incumbents of any benefices which would be affected by the implementing thereof, including vicars in a team ministry established for the area of any such benefice;

(b) the patrons of any such benefices;

(c) the parochial church councils of any parishes which would be so affected;

(d) the priests in charge of any conventional districts wholly or partly within the area of any benefices which would be so affected and the parochial church councils of such districts;

(e) the archdeacons and rural deans of any archdeaconries and deaneries which would be so affected or to which any such benefices or parishes belong and the lay chairmen of the deanery synods of any such deaneries; and

(f) the local planning authority or authories concerned.

For the purposes of this subsection a change in the patronage of a benefice shall be deemed to affect that benefice and the parish or parishes thereof.

(3) In this Part “interested parties”, in relation to any recommendations, proposals, draft scheme or order which are or is limited to creating, altering or dissolving archdeaconries or deaneries, or altering the name of any archdeaconry or deanery, means—

(a) the parochial church councils of any parishes for which a change of archdeaconry or deanery, or an alteration of the name thereof, is contemplated or proposed and the parochial church councils of any conventional districts wholly or partly within such parishes;

(b) the incumbents of benefices to which such parishes belong and the priests in charge of such districts; and

(c) the archdeacons and rural deans of the archdeaconries and deaneries affected and the lay chairmen of the deanery synods of such deaneries.

[F1 Where a team ministry is established for the area of a benefice, the reference in paragraph (b) to the incumbents of benefices shall in relation to that benefice be construed as a reference to all the persons who constitute the team under section 20(1).]

(4) In the case of [F2 recommendations under section 2A and of] proposals and orders under section 14, the local planning authority or authorities shall not be included among the interested parties.

(5) In the case of interested parties, being incumbents or vicars in a team ministry, the pastoral committee shall, before reaching their decision, afford to each incumbent or vicar, if he so desires, an opportunity of meeting the committee or sub-committee or representative thereof, but, in the case of a recommendation for a union of benefices or otherwise for the dissolution of any benefice or the holding in plurality of any benefice or benefices, or the establishment of a team or group ministry for any benefice or benefices, or the abolition of any office of vicar in a team ministry, the incumbent of the benefice or each of the benefices or the holder of the office of vicar shall have an opportunity of meeting the committee (as distinct from a sub-committee or representative thereof), if he so desires.

(6) In the case of interested parties, being parochial church councils, the committee shall, before reaching their decision, afford to each council or their representative, if the council so request, an opportunity of meeting the committee or, if the committee so decide, a sub-committee thereof, or, with the consent of the council, a representative of the committee.

(7) Before deciding to make a recommendation that a declaration of redundancy be made in respect of any church the committee shall—

(a) ascertain the views of any local planning authority or authorities concerned;

(b) notify the Council for the Care of Churches of the church or churches in respect of which the committee might decide to make such a recommendation and obtain from them a copy of the report which the Council are required to prepare under subsection (8).

(8) As soon as practicable after receiving a notice under subsection (7) the said Council shall prepare a report about—

(a) the historic interest and architectural quality of each church mentioned in the notice and of other churches in the area;

(b) the historic interest and aesthetic qualities of the contents of that and those churches;

(c) any special features of any churchyard or burial ground annexed to any of them;

and shall send a copy of that report to the Commissioners, the diocesan board of finance and the committee.

(9) When the committee have decided to make recommendations, they shall formulate them in draft proposals and submit them to the bishop, and the bishop may, with the agreement of the committee, make such amendments of the draft proposals as appear to him desirable.

(10) The committee shall annexe to the draft proposals formulated by them a statement of the views of the interested parties and, if those proposals include a proposal that a declaration of redundancy be made in respect of any church, the committee shall annexe a copy of the report prepared by the said Council under subsection (8) to the draft proposals.

(11) In this section “incumbent”, in relation to a benefice in respect of which a suspension period has been declared and is for the time being in force, means the priest in charge thereof.

Textual Amendments

F1 Words inserted by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 11

F2 Words in s. 3(4) inserted (1.1.2004) by Synodical Government (Amendment) Measure 2003 (No. 1), ss. 2(3), 4(2); 2003 No. 2, Instrument made by Archbishops