Section 16 Presentation to benefices remaining vacant for 18 months.F14

United Kingdom

F1(1)

This section applies where a benefice becomes vacant and, at the end of the period of F218 months beginning with the start date specified in the notice under section 7(4), the bishop has not received—

(a)

a notice of presentation under section 13(6), or

(b)

if the bishop is the registered patron, an acceptance of any offer made by the bishop to collate a priest to the benefice.

(1A)

The right of presentation to the benefice shall be exercisable by the bishop in accordance with this section.

(2)

In calculating the period of F318 months mentioned in subsection (1) above, no account shall be taken of any of the following periods, that is to say—

(a)

a period during which the decision of the bishop to refuse to approve the making to a priest of an offer to present him to a benefice is under review by an archbishop,

(b)

a suspension period within the meaning of F4section 85 of the Mission and Pastoral Measure 2011, F5or any period during which the benefice is vacant immediately before the declaration of a suspension period or between suspension periods, and

(c)

a period during which the exercise of rights of presentation is restricted under F6section 38 or 87 of that Measure.

F7(3)

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

(4)

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

(5)

F8Before deciding on the priest to whom an offer to be collated to the benefice is to be made, the bishop shall consult, the parish representatives and such other persons as he thinks fit, including other persons who in his opinion can also represent the views of the parishioners and, if during the period of F918 months mentioned in subsection (1) above the approval ofF10... the parish representatives to the making of an offer to a priest by the registered patron of the vacant benefice has been refused under section 13 of this Measure, F11the bishop shall not make any offer to that priest under this section unless the consent of the parish representatives has been obtained.

F12(5A)

Before the bishop has decided on the priest to whom an offer to be collated to the benefice is to be made, the parochial church council may resolve that the archbishop should instead make the decision; and where the parochial church council so resolves, the secretary to the council shall send a copy of the resolution to the archbishop.

(5B)

Having received a copy of a resolution made under subsection (5A), the archbishop shall proceed to decide to whom an offer to be collated to the benefice is to be made; and once a priest accepts such an offer made by the archbishop, the archbishop shall send the bishop a notice presenting the priest to the bishop for admission to the benefice.

F13(6)

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

Annotations

Textual amendments

F1: S. 16(1)(1A) substituted for s. 16(1) (1.7.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 12(1), 14(3) (with s. 12(7)); S.I. 2018/722, art. 2(e)
F2: Words in s. 16(1) substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 4(2) (with arts. 8, 9)
F3: Words in s. 16(2) substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 4(3) (with arts. 8, 9)
F4: Words in s. 16(2)(b) substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 7(2)(a)
F5: Words in s. 16(2)(b) inserted (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 63(3), 66(2); 2007 No. 3, Instrument made by Archbishops
F6: Words in s. 16(2)(c) substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 7(2)(b)
F7: S. 16(3)(4) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 12(3), 14(3) (with s. 12(7)); S.I. 2018/722, art. 2(e)
F8: Words in s. 16(5) substituted (1.7.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 12(4)(a), 14(3) (with s. 12(7)); S.I. 2018/722, art. 2(e)
F9: Words in s. 16(5) substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 4(3) (with arts. 8, 9)
F10: Words in s. 16(5) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 12(4)(c), 14(3) (with s. 12(7)); S.I. 2018/722, art. 2(e)
F11: Words in s. 16(5) substituted (1.7.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 12(4)(d), 14(3) (with s. 12(7)); S.I. 2018/722, art. 2(e)
F12: S. 16(5A)(5B) inserted (1.7.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 12(5), 14(3) (with s. 12(7)); S.I. 2018/722, art. 2(e)
F13: S. 16(6) omitted (1.7.2018) by virtue of Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 12(6), 14(3) (with s. 12(7)); S.I. 2018/722, art. 2(e)
F14: Words in s. 16 heading substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 4(4) (with arts. 8, 9)

Notes on Provisions which apply where benefice remains vacant for 18 months

Textual amendments

F1: Words in s. 16 cross-heading substituted (1.1.2020) by The Legislative Reform (Patronage of Benefices) Order 2019 (S.I. 2019/1183), arts. 1(1), 4(5) (with arts. 8, 9)