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The Parsonages Measure Rules 2000

S.I. 2000/3171 · Made 16 November 2000

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ECCLESIASTICAL LAW, ENGLAND

Made (Approved by the General Synod) 16th November 2000

Laid before Parliament 1st December 2000

Coming into force in accordance with Rule 14

In pursuance of section 15 of the Parsonages Measure 1938f1 as amended by the Patronage (Benefices) Measure 1986f2 and the Church of England (Miscellaneous Provisions) Measure 2000f3, the Church Commissioners make the following Rules:—

Annotations to the whole text

Footnotes

f1

1 and 2 Geo 6 No. 3.

f2

1986 No. 3.

f3

2000 No. 1.

Contents

  1. 1Registered patron subject to incapacity
  2. 2Office as registered patron
  3. 3Deceased registered patron
  4. 4Registered patron’s donee by power of attorney
  5. 5Determination of registered patron in case of dispute
  6. 6Where the registered patron cannot be found or where it is impracticable to serve notice on the registered patron personally
  7. 7Notices
  8. 8Prescribed time for objections to proposals
  9. 9Passing to Commissioners of any objections
  10. 10Shortened procedure
  11. 11Deposit of copy assurances
  12. 12Recommended practice
  13. 13Interpretation
  14. 14Citation, commencement and revocation
  15. Signature
  16. Schedule THESchedule THE
  17. Explanatory note

1Registered patron subject to incapacity

Where a registered patron is subject to the management and administration of a guardian, trustee, committee or receiver, any notice given under the Measure to the registered patron shall be given to such guardian, trustee, committee or receiver, who shall, for the purposes of the Measure and of these Rules, be deemed to be the registered patron in place of the registered patron subject to the incapacity.

2Office as registered patron

Where an office is a registered patron, the person who is for the time being the holder of that office shall be the registered patron for the purposes of the Measure and of these Rules.

3Deceased registered patron

If a registered patron has died and the person to whom the right of patronage is to be transferred is not yet registered as patron of the benefice, any notice given under the Measure shall be given to the personal representatives of the deceased registered patron, who shall, for the purposes of the Measure and of these Rules, be deemed to be the registered patron in place of the deceased registered patron.

4Registered patron’s donee by power of attorney

If a registered patron has, by instrument creating a power of attorney, conferred on the donee of the power authority to discharge on the registered patron’s behalf all the functions of a patron of the benefice concerned, such donee shall, for the purposes of the Measure and of these Rules, be deemed to be the registered patron in place of the registered patron.

5Determination of registered patron in case of dispute

The diocesan registrar of the diocese in which the benefice concerned is situated shall determine any dispute as to who is deemed under the foregoing Rules to be the registered patron for the purposes of the Measure and of these Rules, and such determination shall be final and conclusive.

6Where the registered patron cannot be found or where it is impracticable to serve notice on the registered patron personally

In any case where the diocesan registrar of the diocese in which the benefice is situated is satisfied that a registered patron cannot be found:

(a)

the diocesan registrar may (if the missing registered patron is one of joint registered patrons) direct that the other registered patrons of the benefice shall represent the missing registered patron for the purposes of the Measure and of these Rules; or

(b)

the diocesan registrar shall (in any other case) direct that the Diocesan Board of Patronage for the diocese concerned shall represent the missing registered patron for the purposes of the Measure and of these Rules.

7Notices

(a)

A notice given by an incumbent or bishop under section 3(1) of the Measure shall be in Form 1 set out in the Schedule to these Rules.

(b)

A notice given by the Board under section 7 of the Measure shall be in Form 2 set out in the Schedule to these Rules.

(c)

A notice or other document required or authorised by the Measure to be served on, sent or given to a person may be served, sent or given by delivering it to such person, or by leaving it at such person’s proper address, or by post.

(d)

The proper address of the person on or to whom any such notice or other document is required or authorised to be sent, served or given shall be that person’s last known address, except that:

(i)

in the case of the secretary or clerk of a corporation it shall be the registered or principal office of the corporation;

(ii)

in the case of the secretary or clerk of an unincorporated body or partner of a firm, it shall be that of the principal office of the body or firm; and

(iii)

in the case of a Parochial Church Council it shall be the address of the secretary or acting secretary or, in the absence of such person, the address of such other member as may be deemed appropriate by the Board.

(e)

If any question arises as to the person on or to whom, or the manner in which any notice or other document is to be served, sent or given under the Measure or under these Rules, the diocesan registrar may decide the question and his or her decision shall, for the purposes of the Measure or of these Rules be final and conclusive.

8Prescribed time for objections to proposals

For the purpose of section 3(1) of the Measure “the prescribed time” shall be a period of 21 days commencing on the next working day after the date on which the notice in question has been given under section 3(1) of the Measure.

9Passing to Commissioners of any objections

Where objections are received by the Board in response to a notice given under section 3(1) of the Measure, the Board shall within five working days of receipt send such objections to the Commissioners for consideration.

10Shortened procedure

If the Board is satisfied that approval under the Measure to a particular transaction is required urgently, the issue of any notice required by the Measure or the consideration of objections or other proceedings consequent on such notice may be dispensed with, with the prior written consent of the registered patron and of the Parochial Church Council.

11Deposit of copy assurances

A certified copy of any assurance of land (including buildings) purchased or acquired by way of exchange under the Measure shall be sent to the diocesan registrar of the diocese in which the benefice concerned in situated, who shall deposit it in the diocesan registry.

12Recommended practice

The Board shall have regard to advice given to it by the Commissioners at any time in connection with procedures under the Measure.

13Interpretation

In these Rules:

  • “the Board” means the Board appointed or designated under section 1 of the Repair of Benefice Buildings Measure 1972f1 for the purposes of that Measure;

  • “the Commissioners” means the Church Commissioners for England;

  • “the Measure” means the Parsonages Measure 1938, as amended;

  • “Parochial Church Council” means the Parochial Church Council of any parish within a benefice affected by a proposal under the Measure;

  • “registered patron” has the meaning given to it by section 39(1) of the Patronage (Benefices) Measure 1986; and

the headings are for ease of reference only and are not part of the Rules themselves.

14Citation, commencement and revocation

(a)

These Rules may be cited as the Parsonages Measure Rules 2000 and shall come into force on the first day of January 2001.

(b)

The Parsonages Measure Rules 1938 are hereby revoked.

Signature

D. M. Williams

Clerk to the Synod

Approved by the General Synod on the 16th day of November 2000

Schedule THE

Form 1

Section 3(1) of the Parsonages Measure 1938, as amended

Notice to a registered patron and Parochial Church Council and (where there is no Parochial Church Council) churchwardens

Rule 7(a)

Form 2

Section 7 of the Parsonages Measure 1938, as amended

Notice to a registered patron and Parochial Church Council and (where there is no Parochial Church Council) churchwardens and to the Church Commissioners

Rule 7(b)

Explanatory note

(This note is not part of the Rules)

The Rules are made under the Parsonages Measure 1938 (“the Measure”) and are required to take account of the changes made by the Church of England (Miscellaneous Provisions) Measure 2000. The Rules make provision where the registered patron is incapacitated or under disability and, where objections to proposals are received, requires the relevant Board to pass the objections to the Church Commissioners for consideration. There is also a provision for a shortened procedure and a requirement that the Board shall have regard to the Commissioners' advice in connection with the procedures under the Measure.