Part II

Exercise of Rights of Presentation

General provisions as to filling of vacancies

Provisions as to declarations of membership.
8
1
Where the registered patron of a benefice is an individual and is not a clerk in Holy Orders, he shall on receiving notice of a vacancy in the benefice under section 7(4) of this Measure—
a
if able to do so, make a written declaration (in this Measure referred to as “the declaration of membership”) declaring that he is an actual communicant member of the Church of England or of a Church in communion with that Church; or
b
if unable to make the declaration himself, appoint some other person, being an individual who is able and willing to make it or is a clerk in Holy Orders or one of the bodies mentioned in subsection (7) below, to act as his representative to discharge in his place the functions of a registered patron.
2
Where the registered patron of a benefice is a body of persons corporate or unincorporate then, on receiving notice of a vacancy in the benefice under section 7(4) of this Measure, that body shall appoint an individual who is able and willing to make the declaration of membership or is a clerk in Holy Orders to act as its representative to discharge in its place the functions of a registered patron.
3
Notwithstanding anything in subsection (1) above, where the registered patron of a benefice who is an individual and is not the bishop of a diocese is of the opinion, on receiving notice of a vacancy in the benefice under section 7(4) of this Measure, that he will be unable for any reason to discharge his functions as a patron of that benefice he may, notwithstanding that he is able to make the declaration of membership, appoint such a representative as is mentioned in subsection (1)(b) above to discharge those functions in his place.
4
Where a benefice the right of presentation to which belongs to an office (other than an ecclesiastical office) becomes vacant, the person who holds that office on the date on which the benefice becomes vacant shall be entitled to present on that vacancy and shall as soon as practicable after that date—
a
if able to do so, make the declaration of membership, or
b
if unable to make the declaration himself, appoint some other person, being a person who may be appointed as a representative under subsection (1)(b) above, to act as his representative to discharge in his place the functions of a registered patron.
5
Where the right of presentation to a benefice is exercisable by the donee of a power of attorney, the donee shall as soon as practicable after receiving notice of the vacancy in the benefice (or, if the power is created during the vacancy, as soon as practicable after it is created)—
a
if able to do so, make the declaration of membership, or
b
if unable to make the declaration himself, appoint some other person, being a person who may be appointed as a representative under subsection (1)(b) above, to act as his representative to discharge in his place the functions of a registered patron.
6
Where under the preceding provisions of this section a body mentioned in subsection (7) below is appointed to discharge the functions of a registered patron, that body shall as soon as practicable after being so appointed appoint as its representative an individual who is able and willing to make the declaration of membership or is a clerk in Holy Orders.
7
The bodies referred to in subsection (1)(b) above are—
a
the Chapter of the cathedral of the diocese or, in the case of the cathedral church of Christ in Oxford, the dean and canons;
b
the dean and chapter of the collegiate church of St. Peter in Westminster;
c
the dean and canons of the collegiate church of St. George, Windsor;
d
any diocesan board of patronage;
e
any patronage board constituted by a pastoral scheme;
f
any university in England or any college or hall in such a university; and
g
the colleges of Eton and Winchester.
S. 8(7)(a) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 22 (with ss. 42(4), 48, 52(1))