The Legislative Reform (Patronage of Benefices) Order 2019

Document Number:2019 No. 1183
Coming into force:Coming into force on the 01/01/2020
 
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The Legislative Reform (Patronage of Benefices) Order 2019

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2019 No. 1183

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Statutory Instruments

Ecclesiastical Law, England

Made (sealed by the Archbishops’ Council)

25 th July 2019

Laid before Parliament

6 th August 2019

Coming into force

1 st January 2020

The Archbishops’ Council makes the following Order in exercise of the powers conferred by sections 1 and 9 of the Legislative Reform Measure 2018(1).

The Archbishops’ Council considers that the conditions in section 2 of that Measure are (so far as relevant) satisfied.

The Archbishops’ Council has consulted in accordance with section 4 of that Measure and has laid a draft Order and explanatory document before the General Synod in accordance with section 5 of that Measure.

In accordance with section 7 of that Measure, the draft Order has been approved by the General Synod.

Citation, commencement and interpretation

  1. —(1) This Order may be cited as the Legislative Reform (Patronage of Benefices) Order 2019.

    (2) This Order comes into force on 1 st January 2020.

    (3) In this Order, “the 1986 Measure” means the Patronage (Benefices) Measure 1986(2).

    Notification of vacancy

  2. —(1) Section 7 of the 1986 Measure (notification of vacancies) is amended as follows.

    (2) In subsection (1) , omit “Subject to section 70 of the Pastoral Measure 1983 ,”.

    (3) For subsection (2) substitute—

    “(2) Where a benefice becomes vacant by reason of resignation or cession, the bishop shall, no later than the day on which the vacancy occurs, give notice of that fact to the designated officer of the diocese.

    (2 A) Where the bishop is aware that the benefice is shortly to become vacant by reason of resignation or cession, the bishop may give notice of that fact to the designated officer of the diocese; and where the bishop does so before the vacancy occurs, the bishop is to be regarded as having given the notice required under subsection (2).”

    (4) In subsection (3) , for “required to be given to the designated officer under subsection (1) or (2)” substitute “given to the designated officer under subsection (1) , (2) or (2 A)”.

    (5) In subsection (4)—

    (a) for “or (2)” substitute “, (2) or (2 A)”, and

    (b) omit “; and any such notice shall include such information as may be prescribed.”

    (6) After subsection (4) insert—

    “(4 A) A notice under subsection (4) shall specify—

    (a) the date on which the benefice became, or is expected to become, vacant,

    (b) a date referred to in the notice as “the start date”, being either the date on which the notice is sent or, if the bishop so directs having had regard to all the circumstances, a date no later than three months after the date specified under paragraph (a) , and

    (c) such information about the procedure for filling the vacancy as may be prescribed or, if no such information is prescribed, such information as the designated officer considers will assist the registered patron and parochial church council in carrying out functions in respect of the vacancy.”

    (7) After subsection (4 A) (inserted by paragraph (6)) insert—

    “(4 B) In the case of a benefice in respect of which there is more than one registered patron, the designated...

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