Incumbents (Vacation of Benefices) Measure 1977

13 Compensation of incumbent who retires, etc. before or after enquiry under Part I. E

(1) Where—

(a) after obtaining the agreement of the bishop under subsection (1) of section 4 of this Measure, an incumbent resigns his benefice in accordance with subsection (2) of that section; or

(b) after an enquiry under Part I thereof, the bishop has declared the benefice of an incumbent vacant under section 10 of this Measure,

the incumbent shall be entitled to compensation for any loss suffered by him in consequence of his resignation or the vacation of his benefice.

(2) Without predjudice to the generality of subsection (1) above, the loss suffered by any such incumbent shall include loss arising from his ceasing to occupy the parsonage house or other his official residence and any expenses arising from his change of residence.

(3) [F1 Paragraphs 6 to 15 and paragraph 18 of Schedule 4 to the Pastoral Measure 1983] (determination of claims of clergy to compensation under that Schedule and other matters relating thereto) shall have effect for the purpose of determining the right to and amount of compensation under this section and of prescribing the circumstances in which payments of compensation thereunder may be altered, terminated or suspended and of providing for other matters relating thereto with the substitution—

(a) for any reference to compensation under or payable under that Schedule of a reference to compensation under or payable under this section;

[F2 (b) in paragraph 13(1) for the words “any benefice archdeaconry or office is dissolved, abolished, vacated or resigned in the circumstances mentioned in paragraphs 1 to 4” of the words “any benefice is resigned or vacated in the circumstances mentioned in section 4 or 10 of the Incumbents (Vacation of Benefices) Measure 1977.”]

(4) Any rules made by the Church Commissioners under paragraph 15 of the said Schedule 4 (rules prescribing the procedure to be followed in proceedings under that Schedule) and for the time being in force shall, with any necessary modifications, apply in relation to proceedings under that Schedule as extended by subsection (3) above.

Textual Amendments

F1 Words substituted by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 18(1), Sch. 2 para. 3(a)

F2 S. 13(3)(b) substituted by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 18(1), Sch. 2 para. 3(b)