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Mission and Pastoral Measure 2011

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This is the original version (as it was originally enacted).

Miscellaneous provisions

90Priest in charge to replace incumbent as trustee of certain charities during vacancy in benefice, etc.

(1)Where any property of a charity established for ecclesiastical purposes of the Church of England is vested in or under the management or control of the incumbent of a benefice (with or without other persons) or a corporation of which the incumbent of a benefice is a member, and the benefice becomes vacant or the bishop declares a suspension period in respect of the benefice, then, during the period of the vacancy or during the suspension period, as the case may be, the trusts of the charity or the constitution of the corporation shall have effect with the substitution for the incumbent of that benefice of the priest in charge of that benefice.

(2)Any change under subsection (1) shall take effect without any conveyance or other assurance.

(3)The provisions of this section shall not apply to any fund or property for which provision is made under section 76.

91Induction in one parish church

(1)Where, in a case not falling within paragraph 5(2)(a) of Schedule 3, any person is appointed an incumbent of a benefice in the area of which two or more parish churches are situated, the bishop may direct in which parish church the incumbent is to be inducted, and after the induction he or she shall be deemed to have been inducted in both or all of the parish churches situated in the area of that benefice and to have been admitted to that benefice, and no further fees in respect of the induction shall be payable.

(2)Where, in a case not falling within paragraph 5(3)(a) of Schedule 3, any person is appointed an incumbent of benefices which are to be held in plurality, the bishop may direct that the incumbent shall be inducted in such one of the parish churches in the areas of those benefices as he may specify, and after the induction the incumbent shall be deemed to have been inducted in all of the parish churches in those areas and to have been admitted to each of those benefices, and no further fees in respect of the induction shall be payable.

92Grant of land for new churches etc. and vesting of certain churches

(1)Where the diocesan board of finance or any other body constituted for the holding on trust of diocesan property holds any buildings or land for the general purposes of the board or for any ecclesiastical purposes of the Church of England, the board or other body may, without the sanction of an order of the Charity Commission or the Court, grant the buildings or land to the diocesan board of finance under section 14(1) of the New Parishes Measure 1943 (6 & 7 Geo. 6 No. 1) or make a declaration under section 14(3B) of that Measure for any of the purposes mentioned in section 13 of that Measure, being purposes falling within the purposes for which the buildings or land are or is held before the grant or declaration.

(2)It is hereby declared for the removal of doubt that the powers conferred by section 14 of that Measure extend to the grant by the incumbent of a benefice or any part of the land held with the parsonage, but no such grant shall be made without the consent of the diocesan parsonages board.

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