GENERAL NOTE

This Measure was made under the Church Legislation Procedure Act 1993. It replaces the Pastoral Measure 1983 (a Measure of the General Synod), which was extended to the Isle of Man with modifications by the Pastoral Measure (Isle of Man) 1990 (GC 131/90), made under the Church (Application of General Synod Measures) Act 1979, with effect from 1st January 1991.

Commencement: the Measure came into force in the Isle of Man on 1st January 2013, by virtue of the Mission and Pastoral Measure (Isle of Man) 2012 (Appointed Day) Order 2012 (SD 0672/12), except as follows —

PART 1
INTRODUCTORY

Introductory

1. Short title

The short title of this Measure is the Mission and Pastoral Measure (Isle of Man) 2012.

2. Commencement

This Measure, except sections 1 to 4 and 47(2), shall come into operation on such day or days as the Bishop may by order appoint.

NOTE Commencement: see general note above.

3. Interpretation

(1) In this Measure —

"admission" includes institution and induction, collation, licence and any other process by which a person becomes the incumbent of a benefice, and "admit" shall be construed accordingly;

"the advisory committee" means the diocesan advisory committee for the care of churches;

"area", in relation to a benefice, means the parish or parishes belonging to the benefice;

"benefice" means the office of rector or vicar of a parish or parishes, with cure of souls, but not including (except in section 44) the office of a vicar in a team ministry;

"the Board" means the Sodor and Man Diocesan Board of Finance;

"building closed for regular public worship" means a church, or part of a church, to which a declaration of closure for regular public worship relates;

"church" means a church or chapel which has been consecrated for the purpose of public worship according to the rites and ceremonies of the Church of England, and includes a building used or intended to be used partly for the purpose of such public worship and partly for the purpose of a church hall, whether the whole building is consecrated or only such part of it as is used or intended to be used for the purpose of such public worship, and any reference to the consecration of a church shall, in the case of such a building, be construed as including a reference to the consecration of the part of the building used or intended to be used for the purpose of such public worship;

"the Commissioners" means the Church Commissioners for the Isle of Man;

"conservation area" means an area for the time being designated under section 18(1) of the Town and Country Planning Act 1999;

"demolition", in relation to a building, includes the demolition of part of the building;

"diocesan pastoral account" means the account referred to in section 35;

"the Diocesan Synod" means the Sodor and Man Diocesan Synod;

"disposal scheme" means a scheme made by the Commissioners under Part 2 of Schedule 3;

"endowments" in relation to any benefice, does not include a church, churchyard, parsonage house or right of patronage, and the income of the endowments of a benefice includes money payable to the incumbent under Schedule 2 to the Tithe Act 1985, but otherwise any question as to what constitutes the endowments of a benefice or the income of the endowments shall be conclusively determined by the Commissioners, who may include income arising from a parsonage house;

"functions" includes powers and duties;

"the High Court" means the High Court of Justice of the Isle of Man;

"interested parties" has the meaning given by paragraph 1 of Schedule 2;

"local authority" has the same meaning as in the Local Government Act 1985;

"local newspaper" means a newspaper published and circulating in the Island;

"Manx National Heritage" means the Manx Museum and National Trust;

"mission", in relation to the Church of England, means the whole mission of the Church, pastoral, evangelistic, social and ecumenical;

"parish" means a parish constituted for ecclesiastical purposes;

"parsonage house" means the house or other dwelling being the official residence of the incumbent of a benefice (when the benefice is full), and includes any outbuildings or land included in the curtilage of any such house or dwelling and any rights appurtenant thereto;

"pastoral scheme" means a scheme made by the Commissioners under Schedule 2;

"patron", in relation to any benefice, means the person or persons for the time being entitled, otherwise than by lapse, to present to that benefice upon a vacancy, including —

(a) in any case where the right to present is vested in different persons jointly, every person whose concurrence would be required for the exercise of the joint right, and

(b) in any case where the patronage is vested in different persons by way of alternate or successive right of presentation, every person who is for the time being the person who would be entitled to present on the next or any subsequent turn,

and "right of patronage" shall be construed accordingly, but in the application of these definitions the fact that any person is a Roman Catholic shall be disregarded;

"provision" in relation to a building, includes, in addition to construction or erection, the acquisition of a site and the provision of necessary fittings, installations, outbuildings, fences, paths and drives, and "provided" shall be construed accordingly;

"registered building" has the meaning given by section 45(1) of the Town and Country Planning Act 1999;

"registered building consent" means the consent of the [Department of Environment, Food and Agriculture] under section 15(2) or 19(3) of that Act;

"restoration" includes rebuilding or partial rebuilding;

"sharing agreement" has the same meaning as in the Sharing of Church Buildings Act 1969; "suspension period" has the meaning given by section 29.

(2) In this Measure references to —

(a) the Sharing of Church Buildings Act 1969,

(b) any Measure (including this Measure), or

(c) any provision of that Act or any Measure (including the Church Representation Rules),

are to that Act, Measure or provision as it has effect in the Island.

(3) In determining the net proceeds of the sale or exchange of any property by Board, or the net premium or net rent of any property let by the Board, the deductions to be made include the deduction of any money expended by the Board on the property or for the purpose of furthering the disposal of the property or on the demolition of any building on the property; and if any question arises as to what are the net proceeds, net premium or net rent aforesaid, the decision of the Commissioners shall be conclusive.

(4) If any question arises under this Measure as to whether —

(a) an ecclesiastical office is a benefice, or

(b) any area or place is or is within a parish or the area of a benefice [or extra-parochial place],

it shall be determined by the Commissioners after consultation with the Bishop, and that determination shall be conclusive for the purposes of this Measure.

(5) If any question arises whether any benefice or parish is to be treated, for the purposes of any pastoral scheme or any provisions of this Measure relating to it, as a new benefice or parish or as an existing benefice or parish with altered area or boundaries, any provision of the scheme expressly stating or necessarily implying (whether by a change of name or retention of an existing name or otherwise) that the benefice or parish is to be treated as new or existing shall be conclusive of that question.

(6) Nothing in this Measure or in any scheme made under it applies to or in any way affects any parish or other district constituted otherwise than for ecclesiastical purposes.

Section 3: subs.(1): words in square brackets in definition of "registered building consent" substituted by Statute Law Revision Act 2017 s.50; subs.(4)(b): words in square brackets inserted by Church (Miscellaneous Provisions) Measure (Isle of Man) 2015 (SD 2015/236) s.4(2).

General duty

4. General duty

Any person or body carrying out functions under this Measure must have due regard to the furtherance of the mission of the Church of England.

Functions of Church Commissioners

5. General functions of Commissioners

(1) In carrying out any of their functions the Commissioners must, without prejudice to section 4, have regard to worship, mission and community as central to the life and work of the Church of England.

(2) In carrying out any of its functions the Commissioners must also have regard to —

(a) the financial implications for the diocese and the Church of England as a whole;

(b) subject to subsection (5), the need to allocate appropriate spheres of work and to ensure that appropriate conditions of service are enjoyed by those employed or holding office in the diocese and, where relevant, that reasonable remuneration is provided for all those engaged in the cure of souls;

(c) the traditions, needs and characteristics of particular parishes; and

(d) any other aspects of the policies of the Diocesan Synod to which the Synod has requested the Commissioners to have regard in discharging its responsibilities.

(3) The Commissioners must —

(a) make or assist in making better provision for the cure of souls in the diocese as a whole and, to the extent that the Commissioners think appropriate, in particular parts of the diocese or in particular parishes;

(b) from time to time, as the Bishop may direct, or as the Commissioners think fit, review arrangements for pastoral supervision and care —

(i) in the diocese as a whole, and

(ii) to the extent that the Commissioners think appropriate, in particular parts of the diocese or in particular parishes,

including sharing agreements in respect of a church or parsonage house and any proposals for sharing agreements;

(c) from time to time, as the Bishop may direct, or as the Commissioners think fit, prepare strategies or proposals for carrying out the Commissioners' functions under paragraphs (a) and (b) for submission to the Bishop and the Diocesan Synod for their approval;

(d) to maintain an overview of matters relating to church buildings in the diocese and their use, other than matters which are within the jurisdiction of the consistory court or within the functions of the advisory committee;

[(e) where they consider it desirable —

(i) make recommendations to the Bishop in accordance with paragraph 2 of Schedule 2, or

(ii) formulate a plan for pastoral reorganisation in accordance with paragraph 2A of that Schedule,

for any of the matters for which provision may be made under this Measure by a pastoral scheme;]

(f) carry out any other functions conferred upon the Commissioners by any statutory provision.

(4) The Commissioners must, in carrying out any of their functions, to the extent that they think appropriate, consult any other persons or bodies, whether within the Church of England or not, which exercise functions or carry out activities relevant to the functions of the Commissioners.

(5) Nothing in this section enables the Commissioners —

(a) to exercise functions conferred on any other person or body by or under any statutory provision, or

(b) to fix or alter the terms of service of any person employed or holding office in the diocese.

Section 5: subs.(3): para.(e) substituted by Mission and Pastoral (Amendment) Measure (Isle of Man) 2018 Sch.2 para.1(1).

6. Functions of Commissioners in respect of closed churches

(1) The Commissioners must, in respect of each church proposed to be closed or building closed for regular public worship (except where it is proposed to close a church and make provision for the future of the building under paragraph 1 of Schedule 3) —

(a) in the case of a registered building or a building situated in a conservation area, make every endeavour to find a suitable alternative use or suitable alternative uses for the building, and

(b) in the case of any other building, develop proposals for the suitable alternative use or uses of the building or for the demolition of the building and disposal of its site.

(2) In carrying out its functions under this section the Commissioners must obtain advice from persons having expertise in the management, development and disposal of property and such :other professional advisers as it thinks fit.