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Church Property Measure 2018

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This is the original version (as it was originally enacted).

5Representations, reports, etc.

(1)An incumbent or bishop who is proposing to exercise a power under section 1, 2 or 4 must give written notice to the registered patron of the benefice, and to the PCC of each parish in the benefice, of the right to make objections to the proposal or other representations on it within the period specified in rules.

(2)If an objection is made in accordance with subsection (1), the power in question may not be exercised unless the Church Commissioners—

(a)have informed the person objecting that they are satisfied that the objection ought not to prevent the exercise of the power, and

(b)have given the person their reasons.

(3)Where it appears desirable to the Parsonages Board of a diocese that a power under section 1, 2 or 4 should be exercised, the Board must make a report to the bishop of the diocese.

(4)If, in response to a report under subsection (3), the bishop and the incumbent request the Parsonages Board to frame proposals for exercising the power in question, the Board may do so; and, if the Board does so, it must communicate its proposals to the bishop and the incumbent.

(5)In a case where the benefice is vacant, subsection (4) has effect as if the references to the incumbent were omitted.

(6)An incumbent or bishop who, in the case of a benefice for which a team ministry is established, is proposing to exercise a power under section 1, 2 or 4 in respect of the parsonage house must, if the house is or is to be occupied by the incumbent, do each of the following—

(a)keep every member of the team informed of matters arising from the proposal,

(b)afford every member of the team an opportunity to express views on the proposal, and

(c)have regard to those views before taking action to implement the proposal.

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