Pastoral Measure 1983 (repealed)

69 Restrictions on presentation pending the making of pastoral schemes and orders.E

(1)Where any proposals submitted under section 4(1) or section 14(1) contain recommendations for any of the matters specified in sections 17 and 18 and 20 to 22, and any benefice which would be affected if the recommendations were implemented is vacant on the date on which the [F1registered patron]thereof receives a copy of the proposals under section 4(2) or becomes vacant thereafter, the [F1registered patron]shall not be entitled after that date or after the occurrence of the vacancy, as the case may be, to exercise his right of presentation to the benefice without the consent of the pastoral committee and (unless the bishop is the patron) of the bishop, until the occurrence of whichever of the following first occurs, namely,—

(a)the relevant recommendations are implemented by a pastoral scheme or order and come into operation, in which case the right of presentation shall be subject to the provisions of the scheme or order; or

(b)the proposals are withdrawn or the draft scheme or order prepared in pursuance thereof is withdrawn, or the scheme made in pursuance thereof is disallowed or withdrawn; or

(c)the relevant recommendations are omitted from the proposals, draft scheme or order, or scheme; or

(d)the period of three years from the date aforesaid expires.

(2)Where the bishop has given directions to the pastoral committee under section 2(1) to consider or has been notified under section 2(2) that the committee intend to consider in relation to any benefices, any of the matters specified in sections 17 and 18 and 20 to 22, he may, upon a vacancy or impending vacancy in any of those benefices, or where a joint pastoral committee has been appointed under section 13, the bishop may, upon a vacancy of impending vacancy in any benefice which might be affected by the exercise of the powers of that committee under sections 13 and 36, as limited (if at all) by instrument sealed by the bishops of the dioceses concerned, also notify—

[F2(a)the registered patron, unless the only registered patron is the bishop;]

(b)the parochial church council, and

(c)both chairmen of the deanery synod of the deanery concerned,

that those matters are being considered, and thereupon the [F3registered patron]shall not be entitled to exercise his right of presentation to that benefice without such consent or consents as are specified in subsection (1); [F3and the provisions of section 7 of the Patronage (Benefices) measure 1986 shall, subject to the modifications made by section 70 of this Measure, apply].

(3)A restriction imposed by subsection (2) shall cease to operate at the expiration of one year from the date of the said notice unless within that period proposals are submitted under section 4(1) or section 14(1) containing recommendations for any of the matters specified as aforesaid which would affect the benefice concerned, in which case the restriction shall continue until the occurrence of whichever of the following first occurs, that is to say, the several events mentioned in paragraphs (a), (b) and (c) of subsection (1), and the expiration of three years from the date of the said notice.

(4)The fact that restrictions are in force under this section with respect to any benefice shall not be taken as preventing the bishop from exercising his powers under sections 67 and 68 with respect to the benefice, and, if he does so, those sections and Schedule 7 shall apply to the benefice in lieu of this section.

Textual Amendments