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Mission and Pastoral Measure 2011

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This is the original version (as it was originally enacted).

Section 86(5)

SCHEDULE 7Sequestration of Benefice Property during Suspension Period

1During any suspension period the sequestrators in addition to exercising any powers vested in them by the Benefices (Sequestrations) Measure 1933 (23 & 24 Geo. 5 No. 4) or by the general law relating to sequestrations, may, with the consent of the bishop, exercise in relation to any property of the benefice any other power which an incumbent would have if the benefice were full, not being a power which by the provisions of any Act or Measure is exercisable during a vacancy by the bishop or the Commissioners.

2(1)Notwithstanding anything to the contrary contained in any Act or Measure, the sequestrators, subject to sub-paragraph (2), apply the income of the benefice accruing during the vacancy—

(a)in payment to the bishop of all expenses incurred by him under sections 85 and 86;

(b)in payment of all expenses properly incurred in the collection of the income of the benefice;

(c)in payment of all expenses incurred in making provision for the performance of the ecclesiastical duties of the benefice, including that of accommodation;

(d)in payment of all expenses properly incurred in the exercise of the powers or the performance of the duties by law belonging to sequestrators or conferred or imposed on them by the Benefices (Sequestrations) Measure 1933, or by this Measure, including the payment to any sequestrator who is professionally qualified of his or her proper professional charges for work undertaken by him or her;

(e)in payment of the stipend and expenses of accommodation of an assistant curate.

(2)During the course of the suspension period the sequestrators may with the consent of the bishop, and shall, on the direction of the bishop, pay part of the balance in their hands to the diocesan board of finance.

(3)At the close of the sequestration the sequestrators shall pay the balance in their hands, as certified by the bishop or some person duly authorised by him, to the diocesan board of finance.

3Moneys received by the diocesan board of finance from the sequestrators under paragraph 2(2) or (3) shall be allocated to the income account of the diocesan stipends fund.

4Where a suspension period immediately follows a period during which a benefice has been vacant whether or not a further suspension period is declared, paragraphs 1 to 3 of this Schedule shall apply to any balance in the hands of the sequestrators at the beginning of the first suspension period as if it were income of the benefice accruing during that period.

5The sequestrators shall annually at such date as the bishop may direct and as soon as possible after the close of the sequestration render to the bishop duly audited income and expenditure accounts and shall furnish such information with respect to those accounts as the bishop may require.

6Where, on the termination of a suspension period in respect of any benefice, there follows, whether immediately or after an interval, a further period during which the profits of the benefice are sequestrated, the original suspension period shall, for the purposes of this Schedule, be deemed to extend to and include that further period.

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