Search Legislation

Patronage (Benefices) Measure 1986

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

More Resources

Changes over time for: Cross Heading: Other amendments of the law relating to rights of patronage etc.

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Patronage (Benefices) Measure 1986, Cross Heading: Other amendments of the law relating to rights of patronage etc.. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Other amendments of the law relating to rights of patronage etc.U.K.

30 Removal of certain disabilities.U.K.

(1)The following enactments (which impose disabilities on patrons practising the Roman Catholic religion etc.) that is to say—

(a)section 13 of the Presentation of Benefices Act[3 Jas. 1. c. 5.] 1605;

(b)section 2 of the Presentation of Benefices Act[1 Will & Mary c. 26.] 1688; and

(c)section 1 of the Presentation of Benefices Act[13 Anne c. 13.] 1713,

shall cease to have effect.

(2)Section 15 of the M1Roman Catholic Relief Act 1829 (Roman Catholic member of lay body corporate not to vote in election, presentation or appointment of persons to ecclesiastical benefice, etc., in the gift, patronage or disposal of that body) shall cease to have effect in so far as it relates to benefices.

(3)Section 17 of the Roman Catholic Relief Act 1829 (right of presentation to benefice to devolve upon the Archbishop of Canterbury for the time being where right belongs to office which is held by person professing the Roman Catholic religion) and, in section 4 of the M2Jews Relief Act 1858, the words from the beginning to “being; and” (similar provision relating to right of presentation belonging to office held by person professing the Jewish religion) shall cease to have effect.

Marginal Citations

31 Abrogation of rules as to lapse.U.K.

(1)Without prejudice to the provisions of section 16 of this Measure, any rule of law whereby the right of patronage of a benefice lapses to a bishop or archbishop or to Her Majesty in right of Her Crown shall cease to have effect.

(2)Nothing in this section shall affect any right of presentation which on a vacancy in a benefice is exercisable by Her Majesty—

(a)by reason of the appointment to a diocesan bishopric of the incumbent of the benefice concerned, or

(b)by reason of a vacancy in the see of a diocesan bishop who is a registered patron of the benefice concerned.

32 Advowsons appendant to become advowsons in gross.U.K.

(1)Every advowson which immediately before the date on which this section comes into force is appendant to any land or any manor shall by virtue of this section be severed from that land or manor and become an advowson in gross which—

(a)in the case of land belonging at that date to a charity, shall belong to that charity;

(b)in any other case, shall belong in his personal capacity to the person who at that date is the owner in fee simple of that land or the lord of that manor, as the case may be.

(2)Every advowson which immediately before the said date is appendant to any rectory, not being a rectory with cure of souls, shall by virtue of this section be severed from that rectory and become an advowson in gross belonging in his personal capacity to the person who at that date is the rector of that rectory.

(3)Nothing in this section shall affect the trusts, if any, on which any advowson is held.

33 Transfer of advowson [F1subject to trust of land] or comprised in settled land.E

(1)Where any advowson is [F2subject to a trust of land], it shall be lawful for the trustees to transfer the advowson gratuitously to any person who has agreed to accept it and—

(a)being an individual—

(i)is an ecclesiastical corporation sole, or

(ii)is an actual communicant member of the Church of England, or

(b)being a body of persons, corporate or unincorporate,—

(i)is one of the bodies mentioned in section 8(7) of this Measure, or

(ii)has the furtherance of the work of the Church of England as one of its objects.

(2)Where the consent of any person is by any instrument containing such a trust, or by any statutory provision, made requisite to the execution of the trust, then, subject to [F3section 10 of the Trusts of Land and Appointment of TrusteesAct 1996 (consents)], the trustees shall obtain the consent of that person to the execution of a transfer made lawful by subsection (1) above.

(3)The tenant for life of settled land may make a grant in fee simple of any advowson comprised in the settled land gratuitously to any such person as is referred to in subsection (1) above.

(4)Subsection (3) above shall be construed as one with the M3Settled Land Act 1925, and that Act shall apply as if the power conferred by subsection (3) had been conferred by that Act.

(5)Nothing in any local Act or trust deed shall prevent the transfer inter vivos by trustees of an advowson which is the subject of a trust.

Textual Amendments

F2Words in s. 33(1) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 24(a) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F3Words in s. 33(2) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 24(b) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Marginal Citations

34 Abolition of certain rights etc. of patronage.U.K.

(1)The right of pre-emption of the patron of a benefice under section 4 of the M4Parsonages Measure 1938 over any property belonging to the benefice in respect of which it is proposed to exercise a power of sale conferred by that Measure is hereby abolished.

(2)The requirement to obtain the consent of the patron of a benefice to the exercise of the power conferred by—

(a)section 2A of the Parsonages Measure 1938 (power of bishop during vacancy in benefice to divide, enlarge or improve parsonage house); or

(b)section 9(1) of the M5Church Property (Miscellaneous Provisions) Measure 1960 (power of incumbent or bishop to take or grant easements over land belonging to benefice), or

(c)section 11(1) of that Measure (power of incumbent to dedicate certain land belonging to benefice for purpose of a highway),

is hereby abolished.

(3)The requirement to obtain the consent of the patron of a church to the exercise of the power conferred by section 20(1) of the M6Marriage Act 1949 (power of bishop to licence chapel for publication of banns and solemnisation of marriages) is hereby abolished.

(4)The obligation imposed by section 4 of the M7Army Chaplains Act 1868 to transmit to the patron or patrons of a church or chapel affected a copy of the draft of a scheme for constituting a precinct or district an extra parochial district for the purpose of that Act in order that he or they may have an opportunity of making observations or objections is hereby abolished.

(5)The Parsonages Board within the meaning of the M8Repair of Benefice Buildings Measure 1972 shall consult the registered patron, if any, of the benefice affected before—

(a)determining on the alterations (if any) with which damage to the parsonage house is to be made good under section 12(3) of that Measure, or

(b)determining that the whole or part of the damage be not made good,

but shall not, in either case, be prohibited from making its determination without the consent of that patron.

F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.