39Operation of schemes dispossessing clergy or dissolving archdeaconries or deaneriesE
(1)A provision of a pastoral scheme which dissolves any benefice, archdeaconry or deanery or abolishes or results in the abolition of any office of vicar in a team ministry [F1or any other ecclesiastical office held under Common Tenure]may be brought into operation without the assent of the incumbent, archdeacon, rural dean [F1or other office holder] and without waiting for a vacancy in the benefice, archdeaconry, deanery or office.
(2)If, on the date of the coming into operation of any provision of a pastoral scheme—
(a)for the holding of benefices in plurality, or
(b)for the establishment of a team ministry for the area of a benefice, or
(c)for the establishment of a group ministry for a group of benefices;
any of the benefices concerned, or the benefice concerned, is not vacant, and the existing incumbent is not to hold the benefice by virtue of a designation by the scheme or any appointment under the scheme or this Measure, the benefice shall be deemed to be vacated on the said date.
(3)A pastoral scheme any provision of which will or may have the effect of vacating a benefice under subsection (2) or of dissolving a benefice or archdeaconry which is not already vacant or of abolishing the office of a vicar in a team ministry [F2or any other ecclesiastical office held under Common Tenure]which is not already vacant [F3, where the holder of the office is entitled to receive a stipend or other emoluments of office including the provision of accommodation, ]shall provide that the provision is not to come into operation until a date at least six months after the date on which the scheme is made under this Measure or, if the operation thereof is dependent on the happening of any event or contingency (other than a vacancy in the office concerned), until a date at least six months after that happening: Provided that—
(a)this subsection shall not apply to a benefice which is dissolved if the incumbent of that benefice is designated by the scheme as the first incumbent of any benefice created or affected by the scheme or as the first holder of any office of vicar in a team ministry established by the scheme, nor shall it apply to an office of vicar in a team ministry which is abolished if the holder of that office is designated by the scheme as the first incumbent of any benefice created or affected by the scheme or as the first holder of any office of vicar in a team ministry established by the scheme;
(b)the scheme may provide that if, owing to a subsequent vacancy, any such provision will not have the effect mentioned in paragraph (a), it shall come into operation either on the date of confirmation of the scheme or the happening of the event or contingency or on the vacancy, whichever last occurs.
(4)If, on the coming into operation of any provision to which subsection (3) applies, the official residence of the incumbent, archdeacon [F4or other office holder] concerned, being the parsonage house or the house held on trust for use as such a residence, is not vested in the diocesan board of finance, the said board shall have a right to take proceedings to recover possession of the residence.
Textual Amendments
F1Words inserted (1.7.2012) and words after "rural dean" substituted by The Ecclesiastical Offices (Terms of Service) (Consequential Provisions) Order 2012 (S.I. 2012/992), arts. 1(2), 2, Sch. para. 2(a)
F2Words inserted (1.7.2012) by The Ecclesiastical Offices (Terms of Service) (Consequential Provisions) Order 2012 (S.I. 2012/992), arts. 1(2), 2, Sch. para. 2(b)
F3Words inserted (6.8.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 19(5); S.I. 2014/2077, art. 2(1) (with Sch. para. 6(2))
F4Words substituted (1.7.2012) by The Ecclesiastical Offices (Terms of Service) (Consequential Provisions) Order 2012 (S.I. 2012/992), arts. 1(2), 2, Sch. para. 2(c)
Commencement Information
I1S. 39 in force at 1.7.2012 by S.I. 2012/1, art. 2