Crown Benefices (Parish Representatives) Measure 2010

2010 No. 3

A Measure to make provision for the appointment of lay parish representatives to approve the selection of incumbents of certain Crown benefices.

[18th March 2010]

1 Amendment of Section 35 of the Patronage (Benefices) Measure 1986

(1) After section 35(1) of the Patronage (Benefices) Measure 1986 (1986 No. 3) there shall be inserted the following subsections—

“(1A) The following provisions of this Measure shall apply in relation to the selection of an incumbent to fill a vacancy in a benefice the patronage or any share in the patronage of which is vested in or exercisable by Her Majesty, whether in right of Her Crown or Her Duchy of Lancaster, or is vested in or exercisable by the possessor for the time being of the Duchy of Cornwall, whether Her Majesty or a Duke of Cornwall—

(a) section 11(1)(b), (4), (5), (6) and (7);

(b) section 11(2)(a) and, so far as it relates thereto, section 11(3)(a), and section 11(3)(b);

(c) section 11(8), so far only as it relates to parish representatives; and

(d) section 13(1)(b)(i), (3) and, so far only as they relate to parish representatives, (4) and (5).

(1B) Where, by virtue of subsection (1A)(d), section 13(4) and (5) of this Measure apply in relation to the selection of an incumbent to fill a benefice which is vacant during a vacancy in the see of a diocesan bishop and to which Her Majesty has the right of presentation and to which the right of presentation would, but for the vacancy, be exercisable by that bishop, any reference in those subsections to the registered patron shall be construed as a reference to Her Majesty.”.

(2) This section does not apply in relation to a benefice in respect of which the notice required to be sent to the secretary of the parochial church council under section 7(4) of the Patronage (Benefices) Measure 1986 was sent before the date of the coming into force of this Measure.

2 Citation, commencement and extent

(1) This Measure may be cited as the Crown Benefices (Parish Representatives) Measure 2010.

(2) This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint.

(3) This Measure shall extend to the whole of the provinces of Canterbury and York, except the Channel Islands and the Isle of Man, but—

(a) may be extended to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures; and

(b) if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, shall extend to the Isle of Man, subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.