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Regulation 29 Fixed and other limited term appointmentsI1

England

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who holds or is to hold office under Common Tenure may be appointed for a fixed term or under terms which provide for the appointment to be terminated on the occurrence of a specified event if—

(a)

the office holder occupies a post which is designated as a post created in order to cover an office holder’s authorised absence from work,

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the office is designated as a training post,

(d)

the office is designated as a post subject to sponsorship funding,

(e)

the office is designated as a probationary office,

(f)

the office is created by a bishop’s mission order made under F2section 80 or 83 of the Mission and Pastoral Measure 2011, F3...

(g)

the office holder holds a post which is designated as a post which is held in connection or conjunction with another office or employment,

F4(h)

the office holder does not have the right of abode, or unlimited leave to enter or remain, in the United Kingdom; F5...

(i)

the office holder occupies a post which is designated as a Locally Supported Ministry Post F6, or

(j)

the office is designated as an interim post,

F7....

(2)

Where a person holds office in any circumstances mentioned in paragraph (1) above the statement of particulars of office required to be given to the office holder under regulation 3 above shall, in addition, contain particulars of any relevant term mentioned in that paragraph.

(3)

An office may be designated as a training post if the office holder is required by the diocesan bishop to undertake initial ministerial education.

F8(3A)

An office designated as a training post may continue to be designated as such for a period of no more than one year following the completion by the office holder of the initial ministerial education.

(4)

An office may be designated as a post subject to sponsorship funding if—

(a)

the holder of the post is a person referred to in section 1(1)(g) or (h) of the Measure (other than a vicar in a team ministry), and

(b)

any part of the cost of the holder’s stipend or other remuneration, pension, housing accommodation or other expenses is defrayed by a person or body other than a diocesan board of finance, parsonages board, parochial church council or the Commissioners.

(5)

An office may be designated as a probationary office if, on the date of the appointment of the office holder to the office, the office holder has not held any ecclesiastical office in any place during the period of twelve months immediately preceding that date.

(6)

An office may be designated as a probationary office if the office holder has been removed from a previous office by a final adjudication under the capability procedures and the office designated as a probationary office under this paragraph is the first office occupied by the office holder after his or her removal from office.

(7)

An office may be designated as a probationary office if—

(a)

the office holder has been the subject of a complaint under the Ecclesiastical Jurisdiction Measure 1963f1 and has had a censure of prohibition, inhibition or suspension imposed on him or her or he or she has resigned, or

(b)

the office holder has had imposed on him or her a penalty of removal from office, prohibition for a limited term or revocation of his or her licence under the Clergy Discipline Measure 2003f2 or he or she has resigned in accordance with that Measure,

and appointment to the office is made on the recommendation of the diocesan bishop with a view to facilitating his or her return to the ministry.

F9(7A)

An office may be designated as a Locally Supported Ministry Post if—

(F10a)

the post is held by an assistant curate who is not the priest-in-charge of the benefice to which the parish in which he or she serves belongs,

(b)

the parochial church council of that parish has entered into a legally binding agreement with the diocesan board of finance of the diocese in which the parish is situated to pay the whole cost of the office holder’s stipend or other remuneration and expenses, including any pension and housing accommodation and other expenses, and

(c)

the designation is in writing, signed by the bishop of the diocese, acting with the consent of the office holder and the parochial church council.

F11(7B)

An office (other than an office in a cathedral) may be designated as an interim post if the designation is in writing, signed by the bishop of the diocese in which the office is situated acting with the consent of—

(a)

the office holder, and

(b)

the mission and pastoral committee of the diocese.

(7C)

An office in a cathedral may be designated as an interim post if the designation is in writing, signed by the bishop of the diocese in which the cathedral is situated acting with the consent of—

(a)

the office holder,

(b)

the dean of the cathedral, and

(c)

the Chapter of the cathedral.

(7D)

In deciding whether to designate an office as an interim post, the bishop shall have regard to any guidance issued by the Archbishops’ Council.

(7E)

The term of an office designated as an interim post may not exceed three years.

(7F)

An office designated as an interim post may be designated as such again for a further period of up to three years; but an office may not be designated as an interim post if it was designated as such on the two immediately preceding appointments.

(8)

The term of office of any office holder appointed for a fixed term or until the occurrence of a specified event shall terminate on the expiry of the fixed term (unless that term is extended for a further period or periods) or on the occurrence of the event, as the case may be.

Annotations

Textual amendments

F1

Reg. 29(1)(b) omitted (1.7.2017) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017 (S.I. 2017/316), regs. 1(2), 2(3)(a)

F2

Words in reg. 29(1)(f) substituted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 4(3)

F3

Word in reg. 29(1) omitted (1.1.2011) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2010 (S.I. 2010/2407), regs. 1(1), 6(1)

F4

Reg. 29(1)(h)(i) inserted (1.1.2011) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2010 (S.I. 2010/2407), regs. 1(1), 6(1)

F5

Word in reg. 29(1) omitted (1.11.2015) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 3(1)(a)

F6

Reg. 29(1)(j) and word inserted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 3(1)(b)

F7

Words in reg. 29(1) omitted (1.7.2017) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017 (S.I. 2017/316), regs. 1(2), 2(3)(b)

F8

Reg. 29(3A) inserted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 4(1)

F9

Reg. 29(7A) inserted (1.1.2011) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2010 (S.I. 2010/2407), regs. 1(1), 6(2)

F10

Reg. 29(7A)(a) substituted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 4(2)

F11

Reg. 29(7B)-(7F) inserted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 3(2)

Commencement

I1

Reg. 29 in force at 1.1.2010, see reg. 1

Footnotes

f1

1963 No.1.

f2

2003 No.3.