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Church of England (Miscellaneous Provisions) Measure 1978

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2 Provisions with respect to certain persons in office at commencement of Ecclesiastical Offices (Age Limit) Measure 1975.U.K.

(1)Section 1(1) of the M1Ecclesiastical Offices (Age Limit) Measure 1975 (no person to be capable of being appointed or presented to certain offices if he has attained the age of seventy) shall not be taken as invalidating any provision made by a pastoral scheme or order for designating as the holder of an office listed in the Schedule to that Measure a person who on the date of the coming into operation of the scheme or order had attained the age of seventy years if immediately before that date, and at the commencement of that Measure, he was the incumbent of a benefice affected by the scheme or order.

(2)Where—

(a)by a pastoral scheme or order a person is designated as the holder of an office listed in the Schedule to the said Measure, and

(b)that person was at the commencement thereof, and continued until the coming into operation of the scheme or order to be, the incumbent of a benefice affected by the scheme or order,

then, for the purposes of section 1(4)(d) of that Measure (requirement to vacate office on attaining age of seventy not to apply to person who held the office at the said commencement), he shall be deemed to have held the first mentioned office at the said commencement.

(3)Where by virtue of subsection (2) above a person is deemed to have been at the said commencement the holder of the office of rector or vicar in a team ministry established by a pastoral scheme and the office is to be held for a term of years specified by or under the scheme, the term of years for which that person is entitled by virtue of the scheme to hold the office may, notwithstanding anything in the said Measure, be extended in accordance with section 19(5) of the M2Pastoral Measure 1968.

(4)The provisions of this section shall apply in relation to a pastoral scheme or order which came into operation before, or comes into operation after, the commencement of this Measure, and in this section “pastoral scheme” and “pastoral order” have the same meanings respectively as in the Pastoral Measure 1968.

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