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The Patronage (Benefices) Rules 1987

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Statutory Instruments

1987 No. 773

ECCLESIASTICAL LAW, ENGLAND

The Patronage (Benefices) Rules 1987

Made (Approved by the General Synod)

25th February 1987

Laid before Parliament

30th April 1987

Coming into force

rules 1 to 10, 14, 15 and 17

1st October 1987

Remainder

1st January 1989

In pursuance of section 38 of the Patronage (Benefices) Measure 1986(1)the Patronage (Procedure) Committee constituted in accordance with the said Measure hereby make the following Rules:—

1.—(1) In these Rules:—

The Committee” means the Patronage (Procedure) Committee prescribed by section 38 of the Measure. “The designated officer” means in relation to a diocese such person as the bishop, after consulting the bishop’s council, may designate or, if no person is designated, the secretary of the pastoral committee of the diocese.

“A Fees Order” means an Order made under Part II of the Ecclesiastical Fees Measure 1986(2)

The Measure” means the Patronage (Benefices) Measure 1986.

The registrar” means the registrar of the diocese.

The registration period” means the period from 1st October 1987 until 31st December 1988.

(2) The Interpretation Measure 1925(3) and the Interpretation Act 1978(4) shall apply for the interpretation of these Rules as they apply for the interpretation of Measures passed by the General Synod.

REGISTRATION AND TRANSFER OF RIGHTS OF PATRONAGE

Register

2.  The registrar shall keep at the diocesan registry a register of rights of patronage (hereinafter called `the register') required to be registered under the Measure.

3.—(1) The form of the register shall be in accordance with that prescribed by the Committee and shall contain in relation to each benefice in the diocese the following particulars—

(a)the name of the benefice;

(b)the date of registration of the interest of each registered patron;

(c)the name, style and address, of each registered patron;

(d)the interest of each registered patron;

(e)the name, style and address of any transferee from a registered patron, the date of registration consequent upon that transfer and the interest registered;

(f)the name of the patron collating a priest or presenting a priest for institution, the name of that priest and the date of his collation or institution to the benefice.

(2) In this rule “transfer” means a transfer inter vivos including a transfer by way of exchange, a transfer by operation of law, a transfer upon the appointment of a new trustee and a transfer by the personal representatives of a deceased person.

Advertising the compilation of the Register

4.  Within six weeks of the coming into operation of the Measure, the registrar shall cause advertisements to be placed in such newspaper or newspapers circulating in the diocese as, after consultation with the bishop, he shall think fit. The advertisement shall state—

(a)that the registrar has prepared a list of all persons whom he considers are entitled to be registered as patron of a benefice in the diocese;

(b)that each person so listed will receive a notice concerning such registration and should acknowledge receipt of such notice;

(c)that each person will be so registered at the end of the registration period as a patron of the benefice unless before that date some other person applies to be so registered or otherwise disagrees with the information submitted;

(d)the hours during which, and the address at which the list may be inspected; and

(e)that any person who, notwithstanding the fact that he is not named in the list, claims to be entitled to be registered as patron is required to obtain an application form from the registrar and lodge such form duly completed by 31st December 1988.

Application for registration

5.—(1) Subject to paragraph 1 of Schedule 1 of the Measure every application for registration shall be signed by or on behalf of the applicant who shall furnish the particulars required to be registered in the form prescribed by the Committee.

(2) Any person (not being a person named on the list prepared by the registrar) who, before the end of the registration period, applies to the registrar to be registered as patron of a benefice shall apply in accordance with the form prescribed by the Committee. Such person shall also be responsible for the proper charges of the registrar in respect of the investigation of a claim made under paragraphs 3, 4 or 5 of Schedule 1.

(3) Any such person shall at his own expense supply the registrar with all documents and other information as the registrar may require in order to examine the claim.

Failure to apply for Registration

6.  If at the end of the registration period the registrar has received no acknowledgement from a prospective patron to whom he has sent a notice under rule 4(b) and no other person has claimed the right of patronage in question, the registrar shall send a second notice to the prospective patron giving him a further month within which to submit his acknowledgement of the notice and advising him that where no person is registered as the patron of a benefice the Measure provides that the Diocesan Board of Patronage for the diocese shall become the patron of that benefice and requires the registrar to register that Board as patron.

Registration of Transfers

7.—(1) On a transfer inter vivos the applicant shall send to the registrar with the instrument of transfer any notice of consent required by the Measure.

(2) On a transfer by personal representatives, the applicant shall send to the registrar with the instrument of transfer an Office Copy of the Grant of Probate or of the Letters of Administration to the estate of the deceased patron.

(3) Where it is necessary for a form in connection with a transfer prescribed under these Rules to be modified to meet the circumstances of a particular case, the registrar shall have power to agree to such modification.

Duty of registrar to register

8.  On being satisfied with an application made in accordance with the Measure and these Rules, the registrar shall register a transferree as patron.

Notification of registration

9.  On the completion of a registration the registrar shall send the patron, without charge, a certified copy of the relevant entry in the register.

Inspection of Register

10.—(1) The register shall be open to inspection at all reasonable times, and any person may make searches therein and make extracts therefrom on payment of such fees as may be prescribed in a Fees Order.

(2) The registrar shall, on request, supply a certified copy of an entry in the register on payment of such fee as may be prescribed in a Fees Order.

EXERCISE OF RIGHTS OF PRESENTATION

Review of Refusal to Approve offer

11.—(1) Where, on the refusal either by the bishop or by a parish representative of the making of an offer to a priest the patron has requested the archbishop of the province to review the matter, the archbishop, after making such enquiries as he deems necessary, shall give his reasons in writing for giving or withholding his authorisation to the patron to make the offer in question.

(2) The archbishop may appoint the Vicar General of the province to make the enquiries on his behalf. The Vicar General shall send a written report to the archbishop who shall then determine the matter.

(3) A copy of the determination by the archbishop shall be sent to the bishop and to the parish representatives.

(4) Where the see of the archbishop is vacant or the archbishop is also the bishop of the diocese concerned, any reference in this rule to the archbishop of the province shall be construed as a reference to the archbishop of the other province. Where under this paragraph the review is to be made by the archbishop of the other province, if he wishes to appoint the Vicar General to make enquiries under paragraph 2 of this rule, he shall appoint the Vicar General of the province in which the benefice is situated.

Notice of proposal to collate, etc.

12.—(1) The notice by or on behalf of the bishop that he proposes to collate or institute a person to a benefice shall be served on the secretary of the parochial church council by the designated officer or the registrar as the bishop shall direct.

(2) The notice shall state the name of the priest in full and the ecclesiastical preferments previously held and declared by him and so far as they are known to the bishop.

Publication of notice

13.—(1) The secretary of the parochial church council shall immediately on receipt of the notice cause it to be fixed in accordance with the requirements of the Measure and shall take such other steps as he thinks expedient for giving publicity to the notice.

(2) At the expiration of the period during which the notice has been published the secretary of the council shall sign an endorsement attached to the notice that he has complied with the provisions of this rule and shall return the notice.

GENERAL AND SUPPLEMENTARY PROVISIONS

Notices and other documents

14.—(1) All notices, agreements, approvals, consents and requests required or authorised by the Measure to be served, sent, given or made shall be in writing and notices and other matters required by the Measure to be prescribed shall be in the form set out in the Appendix to these Rules.

(2) Any other matters may be in such form as may be approved from time to time by the Committee. The precedents of such matters and any amendments revocations or additions thereto shall be approved by the Standing Committee of the General Synod and shall then be communicated to the registrar and designated officer of every diocese.

15.  If at the material time a parish has no parochial church council or no secretary of the council the provisions of the Measure and these Rules with respect to notices, consents and other things required or authorised to be given or done by or to such council or such secretary shall, if the parish has churchwardens, have effect as if the churchwardens were the council or the secretary thereof and, if there are no churchwardens, shall have no effect with respect to that parish.

Revocation and Transitional Provisions

16.—(1) Subject to paragraph (2) of this rule, the Benefices Rules 1926(5) and the Benefices (Purchase of Rights of Patronage) Rules 1933(6) are hereby revoked.

(2) Where any benefice which is vacant before the end of the registration period is to be filled in accordance with law in force before that date as provided by section 40 of the Measure, the Rules referred to in paragraph (1) of this rule shall remain in force and continue to apply in respect of the filling of that vacancy.

Citation and Commencement

17.—(1) These Rules may be cited as the Patronage (Benefices) Rules 1987.

(2) Rules 1 to 10, 14, 15 and this rule shall come into force on 1st October 1987 and rules 11 to 13 and 16 shall come into force on 1st January 1989.

Dated this twenty-eighth day of January 1987

O. W. H. Clark (Southwark) (Chairman)

W. S. Anderson (Blackburn)

J. Burgess (Archdeacon of Bath)

D. Cheetham (St Albans Diocesan Registrar)

J. M. Coombs (Winchester)

Approved by the General Synod the twenty fifth day of February 1987.

W. D. Pattinson

Secretary-General

[Schedule 1 para. 2]

APPENDIXFORMS

FORM 1PATRONAGE (BENEFICES) MEASURE 1986Notice to Patron to Register

[sec. 35(2) and 36]

FORM 2PATRONAGE (BENEFICES) MEASURE 1986Notification to Crown of Registration

[Schedule 1, para. 2(3)]

FORM 3PATRONAGE (BENEFICES) MEASURE 1986Notice to the Incumbent and to the Secretary of the Parochial Church Council of Compilation of the Register

[Schedule 1, para. 31]

FORM 4PATRONAGE (BENEFICES) MEASURE 1986Application to to be Registered as Patron

[Section 25]

FORM 5PATRONAGE (BENEFICES) MEASURE 1986Second Notice to Prospective Patron

[Schedule 1, para. 5]

FORM 6PATRONAGE (BENEFICES) MEASURE 1986Application for Rectification of the Register

[Schedule 1, para. 14]

FORM 7PATRONAGE (BENEFICES) MEASURE 1986Notice to the Encumbent and to the Secretary of the Parochial Church Council of registration of a patron

[sec. 3(3)]

FORM 8PATRONAGE (BENEFICES) MEASURE 1986Notice to the Bishop and to the Registrar of proposed transfer

[sec. 3(4)]

FORM 9PATRONAGE (BENEFICES) MEASURE 1986Notice to PCC of proposed transfer

[sec. 3(2)]

FORM 10PATRONAGE (BENEFICES) MEASURE 1986Bishop’s Consent to Transfer of Patronage by Ecclesiastical Corporation

[sec. 3(5)]

FORM 11PATRONAGE (BENEFICES) MEASURE 1986Bishop’s Certificate that requirements as to Transfer of Patronage have been complied with

[sec. 3(6)]

FORM 12PATRONAGE (BENEFICES) MEASURE 1986Transfer of Patronage inter vivos (and Application to be registered as patron).

[sec. 3(6)]

FORM 13PATRONAGE (BENEFICES) MEASURE 1986Transfer of Patronage upon the appointment of new trustees

[sec. 3(6)]

FORM 14PATRONAGE (BENEFICES) MEASURE 1986Transfer of Patronage by Personal Representatives

[sec. 8]

FORM 15PATRONAGE (BENEFICES) MEASURE 1986Declaration by Presenting Patron (Being an Individual)Complete Either Part A or Part B (Overleaf) of this form

[sec. 8(2)]

FORM 16PATRONAGE (BENEFICES) MEASURE 1986Appointment by a Body of a Representative (being an Individual)

[sec. 19]

FORM 17PATRONAGE (BENEFICES) MEASURE 1986Notice of Intention to Institute or Collate

(5)

S.R. & O. 1926/357.

(6)

S.R. & O. 1933/1148.

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