Patronage (Benefices) Measure 1986

Section 23.

SCHEDULE 2 U.K. Modification of Part II in its Application to Certain Benefices

Benefice comprising two or more parishes U.K.

1 U.K. Where a benefice comprises two or more parishes then, except in a case in which paragraph 19 or 20 below applies, the provisions of Part II of this Measure shall have effect subject to the modifications for which paragraphs 2 to 18 below provide.

2 U.K. In section 7(4), for the words “the parish” there shall be substituted the words “each of the parishes”.

3 U.K. In section 9(6) for the words “secretary of the parochial church council” there shall be substituted the words “secretaries of the parochial church councils”.

4 E For section 11(1) there shall be substituted:—

“(1) [F1 As soon as practicable after the start date specified in the notice under section 7(4) and in any event before the end of the period of six months beginning with that date, one or more joint meetings of the parochial church councils concerned] shall be held for the purposes of—

(a) discharging the duties imposed on them by subsection (1A) below;

(b) appointing such number of persons, but not less than four, as will enable each of those councils to have at least one representative, [F2 but not more than two representatives,] to act as representatives of those councils in connection with the selection of an incumbent;

(c) deciding whether to request the registered patron to consider advertising the vacancy;

(d) deciding whether to request a meeting under section 12 of this Measure;

(e) deciding whether to request a statement in writing from the bishop describing in relation to the benefice the needs of the diocese and the wider interests of the church;

and each person appointed under paragraph (b) shall be a member of one of the parochial church councils concerned.

(1A) At the meeting, or the first meeting, convened under this section, the parochial church councils shall decide whether they will join in preparing a statement describing the conditions, needs and traditions of the parishes belonging to the benefice or whether the parochial church council of each parish will prepare such a statement in relation to that parish, and that decision having been made, the parochial church councils of those parishes or the parochial church council of each parish, as the circumstances require, shall prepare such a statement.”

Textual Amendments

F1 Words in Sch. 2 para. 4 substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 3(4) (with arts. 8, 9)

F2 Words in Sch. 2 para. 4 inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para.27 (with s. 18);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

5 U.K. In section 11(2), for the words from the beginning to “council”, in the second place where it occurs; there shall be substituted the words “A joint meeting of the parochial church councils for which subsection (1) above provides shall be convened by the secretaries of those councils, and no member of any of those councils”.

6 U.K. In section 11(3), for the words “the parochial church council” there shall be substituted the words “any of the parochial church councils” and for the words “the parish” there shall be substituted the words “any of the parishes”.

7 U.K. In section 11(4), for the words from “the council by which he was appointed” to the end there shall be substituted the words “any of the councils by which he was appointed then, except where he ceases to be such a member and those councils decide that he shall continue to act as their representative, his appointment shall be deemed to have been revoked and those councils shall appoint another lay member of any of those councils in his place”.

8 U.K. For section 11(5) there shall be substituted—

“(5) If the parochial church councils concerned hold a joint meeting under subsection (1) above but do not appoint representatives under paragraph (b) of that subsection, all the churchwardens who are members of any of the councils concerned shall appoint not more than five of those churchwardens to act as representatives of those councils in connection with the selection of an incumbent.”

9 U.K. In section 11(8) for “1(a)” there shall be substituted “(1A)” and for the words “secretary of the parochial church council” there shall be substituted the words “secretaries of the parochial church councils”.

10 U.K. For section 12(1) there shall be substituted—

“(1) Where a request for a meeting under this section is made—

(a) by a notice sent by the registered patron or the bishop to the secretaries of the parochial church councils concerned or

(b) by a resolution of those councils passed at a joint meeting held under section 11 of this Measure,

a joint meeting of those councils with the registered patron and (if the bishop is not the registered patron) the bishop shall be held for the purpose of enabling those present at the meeting to exchange views on the statement or statements prepared under section 11(1A) of this Measure (needs of the parish) and the statement presented under subsection (2) below (needs of the diocese).”

11 U.K. In section 12(2) for the word “council” there shall be substituted the word “councils”.

12 U.K. In section 12(3) for the words “the parochial church council” there shall be substituted the words “each of the parochial church councils concerned” and for “(1)(a)” there shall be substituted “(1A).”

13 U.K. In section 12(5) for the words “secretary of the parochial church council” there shall be substituted the words “secretaries of the parochial church councils” and for the words “parochial church council” in the second place where those words occur there shall be substituted the words “parochial church councils concerned”.

14 U.K. In section 12(8)(c) for the word “council” there shall be substituted the words “councils concerned”.

15 U.K. In section 12(9) for the words “The secretary of the parochial church council shall invite both the rural dean of the deanery in which the parish is” there shall be substituted the words “The secretaries of the parochial church councils concerned shall invite both the rural dean of the deanery which comprises the parishes concerned.”

F3 16 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 para. 16 omitted (1.1.2020) by virtue of The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 4(6) (with arts. 8, 9)

17 U.K. In section 19(1) for the words “of the parish” there shall be substituted the words “of each of the parishes”.

18 U.K. In section 22(1) for the words “the parish of each benefice” there shall be substituted the words “every parish belonging to each benefice”.

Benefices having team council or joint parochial church council U.K.

19 U.K. Where, by a pastoral scheme or by a scheme made under the Church Representation Rules, a team council is established in respect of a benefice which comprises more than one parish, the functions under Part II of this Measure of the parochial church councils of those parishes shall be exercisable by the team council.

20 U.K. Where, by a pastoral scheme or by a scheme made under the Church Representation Rules, a joint parochial church council is established for all the parishes of a benefice, the functions under Part II of this Measure of the parochial church councils of those parishes shall be exercisable by the joint parochial church council.

[F4 20A U.K. Paragraph 19 applies only to a team council, and paragraph 20 applies only to a joint parochial church council, which was—

(a) established by a pastoral scheme by virtue of Schedule 3 to the Mission and Pastoral Measure 2011 and in existence immediately before the commencement of the amendments to that Schedule by Schedule 2 to the Church Representation and Ministers Measure 2019, or

(b) established by a scheme made under the Church Representation Rules and in existence immediately before the commencement of Schedule 1 to that Measure (which replaced those Rules).]

Textual Amendments

F4 Sch. 2 para. 20A inserted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 2 para. 17; S.I. 2019/1460, art. 2

Benefice of which parochial church council is the registered patron U.K.

21 U.K. Where the parochial church council of the parish belonging to a benefice is the registered patron of the benefice, Part II of this Measure shall have effect in relation to that benefice as if the provisions thereof requiring the appointment of parish representatives and the approval of such representatives to the making of an offer to present a priest to the benefice, and any other provisions thereof referring to such representatives, were omitted.

Benefices held in plurality U.K.

22 U.K. Where two or more benefices are held in plurality, the provision of Part II of this Measure shall have effect in relation to them as if they were a single benefice comprising two or more parishes.