GENERAL NOTE
Extension to the Isle of Man: the Measure was extended to the Isle of Man by the Pastoral Measure (Isle of Man) 1990 (GC 131/90), made under the Church (Application of General Synod Measures) 1979.
Commencement: the Measure came into force in the Isle of Man on 1st January 1991, by virtue of the Pastoral Measure (Isle of Man) 1990 (Appointed Day) Order 1991 (GC 144/90); the amendments made by the Church Act 1992 came into force on 1st January 1993, by virtue of the Church Act 1992 (Appointed Day) (No. 1) Order 1992 (GC 327/92).
Amendments: "Commissioners" substituted for "pastoral committee" throughout by Pastoral Measure (Isle of Man) 1990 Sch.1 para.1, as am. by Church Act 1992 Sch.4 para.1.
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NOTE S.1 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.1A, as am. by Church Act 1992 Sch.4 para.1.
(1) It shall be the duty of the [Commissioners] from time to time as may be directed by the bishop or as the [Commissioners] consider necessary to review the arrangements for pastoral supervision in the diocese or any part thereof, (including sharing agreements in respect of a church or parsonage house and any proposals for sharing agreements) and, in cases where they consider it desirable, to make recommendations to the bishop in accordance with section 3 on any of the matters for which provision may be made under this Measure . . . . by a pastoral scheme or a pastoral order.
(2) Where the [Commissioners] decide on their own initiative to review the arrangements for pastoral supervision in the diocese or a part thereof, they shall consult the bishop and give him particulars of the matters which they intend to consider and of the benefices which will be affected.
(3) The [Commissioners] shall at all times
(a) have particular regard to the making of provision for the cure of souls in the diocese as a whole, including the provision of appropriate spheres of work and conditions of service for all persons engaged in the cure of souls and the provision of reasonable remuneration for such persons;
(b) have regard also to the traditions, needs and characteristics of individual parishes.
(4) The diocesan synod may from time to time indicate to the [Commissioners] any matters of diocesan policy to which the [Commissioners] shall have regard.
NOTE S.2: subs.(1): words omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.1B, as am. by Church Act 1992 Sch.4 para.1. See also general note above.
(1) Before deciding to make any recommendations to the bishop, the [Commissioners] shall so far as may be practicable ascertain the views of the interested parties . . . . or invite them to express their views.
(2) Subject to subsections (3) and (4), in this Part "interested parties", in relation to any recommendations, proposals or draft scheme or order, means
(a) incumbents of any benefices which would be affected by the implementing thereof, including vicars in a team ministry established for the area of any such benefice;
(b) the patrons of any such benefices;
(c) the parochial church councils of any parishes [and chapelries] which would be so affected; . . . . and
[(e) the archdeacon and the rural deans of any deaneries which would be so affected or to which any such benefices, parishes or chapelries belong and the lay chairmen of the deanery synods of any such deaneries.] . . . .
(3) In this Part "interested parties", in relation to any recommendations, proposals or draft scheme or order which are or is limited to creating, altering or dissolving . . . . deaneries, or altering the name of any archdeaconry or deanery, means
[(a) the parochial church councils of any parishes and chapelries for which a change of deanery, or an alteration of the name of the archdeaconry or deanery, is contemplated or proposed;
(b) the incumbents of benefices to which such parishes and chapelries belong; and
(c) the archdeacon and the rural deans of any deaneries affected and the lay chairmen of the deanery synods of such deaneries.]
[Where a team ministry is established for the area of a benefice, the reference in paragraph (b) to the incumbents of benefices shall in relation to that benefice be construed as a reference to all the persons who constitute the team under section 20(1).] . . .
(5) In the case of interested parties, being incumbents or vicars in a team ministry, the [Commissioners] shall, before reaching their decision, afford to each incumbent or vicar, if he so desires, an opportunity of meeting the [Commissioners] or a [committee] or representative thereof, but in the case of a recommendation for a union of benefices or otherwise for the dissolution of any benefices or the holding in plurality of any benefice or benefices, or the establishment of a team or group ministry for any benefice or benefices, or the abolition of any office of vicar in a team ministry, the incumbent of the benefice or each of the benefices or the holder of the office of vicar shall have an opportunity of meeting the [Commissioners] (as distinct from a [committee] or representative thereof), if he so desires.
(6) In the case of interested parties, being parochial church councils, the [Commissioners] shall, before reaching their decision, afford to each council or their representative, if the council so request, an opportunity of meeting the [Commissioners] or, if the [Commissioners] so decide, a [committee] thereof or, with the consent of the council, a representative of the [Commissioners] . . . . .
(9) When the [Commissioners] have decided to make recommendations, they shall formulate them in draft proposals and submit them to the bishop, and the bishop may, with the agreement of the [Commissioners] make such amendments of the draft proposals as appear to him desirable.
(10) The [Commissioners] shall annex to the draft proposals formulated by them a statement of the views of the interested parties.. . .
(11) In this section "incumbent", in relation to a benefice in respect of which a suspension period has been declared and is for the time being in force, means the priest in charge thereof.
NOTE S.3: subss.(4), (7) & (8), and words in subss.(1), (2) & (10) omitted, and words in square brackets in subss.(2), (5) & (6) and first words in square brackets in subs.(3) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.2, as am. by Church Act 1992 Sch.4 para.2; second words in square brackets in subs.(3) inserted by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 s.3. See also general note above.
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NOTE S.4 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.2A, as am. by Church Act 1992 Sch.4 para.3.
[(1) The Commissioners shall implement in accordance with the following provisions of this Part any draft proposals submitted to the bishop under section 3(9) and approved by him, with any amendments made under section 3(9)]. . . . .
(4) If it appears to the Commissioners that the implementing of the proposals . . . . would be within the powers exercisable under this Measure by a pastoral scheme or order, they shall proceed as follows
(a) if the implementing of the proposals or any of them would require the exercise of powers only exercisable by a pastoral scheme, the Commissioners shall prepare a draft scheme to give effect to the proposals; or
(b) if all the proposals could be implemented by the exercise of powers by a pastoral order (being powers mentioned in section 37), they shall prepare a draft order to give effect to the proposals:
Provided that
(i) the Commissioners may, with the agreement of the bishop . . . . , decide to proceed with some but not all of the proposals, and in that case this subsection shall apply as if they were the only proposals;
(ii) if some but not all of the proposals concerned could be implemented by a pastoral order, the Commissioners may prepare a draft order to give effect to those proposals, or some of them, and prepare a draft scheme to give effect to the other proposals;
(iii) the Commissioners shall not be obliged to prepare a draft order to give effect to . . . . a proposal that the income of the endowments of a benefice, or part thereof, shall be paid to the income account of the diocesan stipends fund.
NOTE S.5: subs.(1) substituted, and subss.(2) & (3) and words in subs.(4) omitted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.3, as am. by Church Act 1992 Sch.4 para.4.
(1) Subject to subsection (2), the Commissioners shall serve a copy of every draft scheme or order prepared under section 5 on each of the interested parties, together with a notice stating that written representations with respect thereto may be made to the Commissioners not later than a date specified in the notice, being a date not later than twenty-eight days after the service of the notice. . . . .
(3) If the draft scheme provides for a declaration of redundancy, the Commissioners shall
(a) also serve a copy thereof . . . . on the Commonwealth War Graves Commission;
(b) publish in one or more newspapers [published and circulating in the Isle of Man] a notice stating the objects of the draft scheme and naming a place or places within the [Isle of Man] where a copy thereof may be inspected, and stating that written representations with respect to the draft scheme may be made to the Commissioners later than a date specified in the notice, being a date not less than twenty-eight days after the first publication of the notice in such a newspaper;
and the provisions of [paragraphs (a) and (b)] shall also apply to a draft scheme providing for any of the matters mentioned in section 30.
(4) The Commissioners shall, in the case of every draft scheme, send copies of such a notice as is mentioned in subsection (3), but specifying a date not less than twenty-eight days after the sending of the notice, to the secretary of the parochial church council of every parish [or chapelry] affected by the draft scheme, and require him to affix a copy on or near the principal door of every church in the parish and every building licensed by the bishop for public worship in the parish [or, as the case may be, of the chapel of the chapelry].
(5) The Commissioners shall consider any written representations duly made with respect to any draft scheme or order and may, if they think fit, afford an opportunity to any person, whether he has made written representations or not, to make oral representations to their representative with respect to the draft scheme or order.
(6) The Commissioners may, before or after the end of the period within which written representations may be made under this section, extend that period, and any representations made within the period so extended shall be deemed to be duly made.
NOTE S.6: subs.(2) and words in subs.(3) omitted, and words in square brackets in subss.(3) & (4) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.4, as am. by Church Act 1992 Sch.4 para.5.
(1) The Commissioners
(a) at the request of the bishop . . . . , or
(b) as a result of any representations,
may amend any draft scheme or order prepared by them under this Part, but any amendments made as a result of any representations shall only be made with the agreement of the bishop given after consultation with the [Commissioners].
(2) If any such amendments are made, the amended draft scheme or order shall be treated in the same manner as an original draft scheme or order, and section 6, other than subsection (2), shall apply thereto accordingly.
NOTE S.7: words in subs.(1) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.4A, as am. by Church Act 1992 Sch.4 para.6. See also general note on p.1.
(1) Where the Commissioners, having considered the representations (if any), are of opinion that any such draft scheme should be made, and do not propose to amend it under section 7, they shall submit it to the bishop for his consent and, when he has given his consent, they shall seal a copy of the draft scheme and so make the scheme. . . . .
(2) Where no representations with respect to any such draft order have been made, the Commissioners shall seal a copy thereof and submit it to the bishop.
(3) Where representations with respect to any such draft order have been made, then, unless
(a) as a result of those representations, the Commissioners decide that the order should not be made, or
(b) the Commissioners decide to amend or further amend the draft order under section 7,
they shall seal a copy thereof and submit it to the bishop.
(4) Where a copy of an order is submitted to the bishop under this section, he may by applying his seal thereto make the order.
NOTE S.8: words in subs.(1) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.5.
(1) As soon as possible after a scheme is [made] under section 8, the Commissioners shall
(a) so far as practicable serve on the persons who duly made written representations with respect to the draft scheme notice of [making thereof], together with a statement in writing of the Commissioners' decision with respect to those representations and their reasons therefor; and
(b) serve on any other persons, being interested parties, notice of [making thereof];
and a notice under this subsection shall inform persons who have duly made such representations of their rights, on obtaining the leave of the [Clerk of the Rolls, to appeal to the Clerk of the Rolls] and shall specify the date, being a date not less than twenty-eight days after the service of the notice, on or before which notice of intention to apply for such leave must be given.
[When serving any notice under this subsection the Commissioners shall inform the Chief Registrar of the date which is to be specified in the notice.]
(2) Any person who has duly made written representations with respect to the draft scheme may appeal to [the Clerk of the Rolls] against the scheme or any provisions thereof, but only with the leave of [the Clerk of the Rolls].
(3) The provisions of Schedule 2 shall apply to applications for leave to appeal, and to appeals, to [the Clerk of the Rolls] under this section.
(4) If
(a) no notice of intention to apply to leave to appeal is given on or before the date specified in subsection (1), or
(b) no application for such leave is made within the period prescribed by paragraph 4 of Schedule 2, or
(c) the [Clerk of the Rolls] refuses to grant such leave, or
(d) the appeal stands dismissed for non-prosecution by virtue of paragraph 11 of that Schedule,
[(e) no person has duly made written representations with respect to the draft scheme; or
(f) written representations with respect to the draft scheme have been duly made but it has not been practicable to serve any notice under subsection (1)(a),]
[the scheme shall come into operation in accordance with section 11(2).] . . . .
[(6) If leave to appeal is granted, the Clerk of the Rolls shall hear the appeal, and shall either
(a) allow the appeal, in which case the scheme shall be of no effect, but without prejudice to the making of a further scheme, or
(b) dismiss the appeal and direct on what date the scheme shall come into operation.]
[(7) In relation to any appeal under this section, the Governor may, at the request of any party to the appeal or of his own motion, direct that the functions of the Clerk of the Rolls under this section and Schedule 2 shall be exercised in his place by the Second Deemster or by such other fit and proper person (being an advocate, barrister or solicitor of not less than 10 years' standing) as may be specified in the direction; and in any case where such a direction is given, references to the Clerk of the Rolls in the foregoing provisions of this section and in Schedule 2 shall be construed as references to the Second Deemster or to the person so specified, as the case may be.] .
. . . .NOTE S.9: subss.(1)-(3): words in square brackets substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.6; subs.(4): words in square brackets in para.(c) substituted by ibid.; sub-paras.(e) & (f) inserted by Church of England (Miscellaneous Provisions) Measure 1995 s.11(a); subss.(5), (8) & (9) omitted, and subss.(6) & (7) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.6.
(1) The Commissioners shall send a copy of every [scheme or order] made under section 8 to the interested parties.
(2) The Commissioners shall also send a copy of every such [scheme or order] to the registrar of the diocese, who shall file it in the diocesan registry.
NOTE S.10: words in subss.(1) & (2) substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.7.
[(1) The validity of a scheme or order made under this Part shall not be questioned in any legal proceedings.
(2) Subject to section 9(6), and except in so far as any such scheme or order, or any provision thereof, is expressed to come into operation on a date, event or contingency specified therein, it shall come into operation
(a) in the case of a scheme, on the expiration of 3 months beginning with the date on which it is made;
(b) in the case of an order, on the date on which it is made. . . .]
NOTE S.11 substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.8; subs.(3) repealed by Pastoral (Amendment) Measure 1994 s.14A.
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NOTE Ss.12 & 13 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.9.
(1) If the bishop is of opinion . . . . that proposals which could be implemented under Part II by a pastoral order, not being . . . . proposals for the exercise of any power under section 27(1) or section 31(1)(d), should be submitted to the Commissioners and the interested parties have consented to the proposals, then
(a) the bishop may of his own motion submit such proposals to the Commissioners together with the said consents; and
(b) the Commissioners shall prepare a draft order to give effect to the proposals, with such amendments (if any) as may be agreed with the bishop . . . . ; and
(c) a copy of the draft order shall be sealed by the Commissioners and submitted by them to the bishop who may, by applying his seal thereto, make the order under section 8(4). . . . .
NOTE S.14: subs.(2) and words in subs.(1) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.10, as am. by Church Act 1992 Sch.4 para.7.
If the bishop . . . . requests . . . . the Commissioners not to proceed with any proposals, or to withdraw a draft scheme or order, the Commissioners shall comply with that request, but without prejudice to the making of fresh proposals: . . . .
NOTE S.15: words omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.11, as am. by Church Act 1992 Sch.4 para.8.
(1) At any time between the submission of proposals to the Commissioners under this Part and the making of a scheme by them or the making of an order by the bishop with respect to the proposals, the Commissioners may, without reference to any other person, make such amendments of the proposals or of any draft scheme or order prepared to give effect thereto as may seem to them necessary for the purpose of correcting any drafting mistake or omission.
(2) Nothing in this Part shall be construed as limiting in any way the powers of . . . . the Commissioners to consider any representations made to them by any person and to hold such consultations and interviews and make such inquiries as they think fit.
NOTE S.16: words in subs.(2) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.12, as am. by Church Act 1992 Sch.4 para.9.
(1) A pastoral scheme may provide for any of the following matters
(a) for the creation, whether by union or otherwise, of new benefices or parishes;
(b) for the dissolution of existing benefices or parishes;
(c) for the alteration of the areas of existing benefices or parishes (including the transfer of a parish from one benefice to another) or the definition of their boundaries;
(d) for the creation of new extra-parochial places, the incorporation in parishes of existing extra-parochial places, or the alteration or definition of the boundaries of existing extra-parochial places.
(2) A pastoral scheme shall name every new benefice and new parish created by the scheme, and may alter the name of any benefice or parish.
(3) A pastoral scheme providing for the union of two or more benefices may provide for uniting all the parishes within a new benefice, or for uniting some but not all those parishes, or may leave them as separate parishes.
(4) A pastoral scheme may provide for the creation of a new parish with full parochial status, notwithstanding that the parish so created will have no parish church when the provision comes into operation.
(5) (a) A pastoral scheme may also authorise the making of sharing agreements on behalf of the Church of England in respect of a church or parsonage house which under the agreement will be in the joint ownership of that Church and any other Church.
(b) A pastoral scheme authorising the making of any sharing agreement shall specify the church or parsonage house to which it relates, and may specify terms and conditions subject to which the authorisation is given.
(1) A pastoral scheme may provide for the holding in plurality of any two or more benefices subject to such conditions, if any, as may be specified in the scheme.
(2) The provisions of a pastoral scheme for the holding of benefices in plurality shall, unless the scheme otherwise provides, continue in force notwithstanding the occurrence of any vacancy:
Provided that, when the bishop gives notice of any vacancy or impending vacancy under [section 7 of the Patronage (Benefices) Measure 1986], the said provisions may be terminated either by the bishop or by one of the interested parochial church councils, as follows:
(a) the bishop may state in the said notice that the said provisions are to be terminated, and shall in that case serve the notice on all the persons who are or, on such termination, become the patrons of the benefices concerned and on the Commissioners and the said provisions shall cease to have effect on . . . . the service of the notice . . . .; or
(b) any interested parochial church council may within 28 days after the service of the said notice, pass a resolution that the said provisions are to be terminated, and shall forthwith notify the bishop of the resolution, and the bishop shall notify the other interested parochial church councils, the Commissioners and all the persons who are or, on such termination, become the patrons of the benefices concerned, and the said provisions shall cease to have effect on the vacancy or the service of the notice, whichever is the later, and the bishop shall serve a fresh notice under [section 7] of the said Measure on all the councils and patrons concerned, which shall have effect in substitution for the previous notice.
(3) The termination of the provisions aforesaid under the last foregoing subsection shall be without prejudice to any provisions relating to the future exercise of the rights of patronage of the benefices concerned on the renewal of the plurality.
(4) Except with the leave of the bishop, an incumbent of two or more benefices held in plurality may not resign any of those benefices without resigning the other or others; and, if leave is granted for such resignation and there are at least two other benefices, the resignation shall not affect the holding in plurality of those other benefices; but the Commissioners may by instrument make such consequential amendments of the pastoral scheme which provided for the holding of the benefices in plurality as they think necessary.
NOTE S.18: words in square brackets in subs.(2) substituted, and words in subs.(2) omitted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.13.
A pastoral scheme
(a) may provide for creating, altering or dissolving a . . . . deanery, and shall name any new deanery created by the scheme;
(b) shall, where necessary, designate the . . . . deanery to which any parish created or altered by the scheme is to belong;
(c) may alter the name of any archdeaconry or deanery.
NOTE S.19: words omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.14.
(1) A pastoral scheme may make provision for the establishment of a team ministry for the area of any benefice, and such a scheme shall provide
(a) for the sharing of the cure of souls in that area by the incumbent of the benefice which, if it is not or would not otherwise be a rectory, shall be a rectory and one or more other ministers who shall have the title of vicar and a status equal to that of an incumbent of a benefice; and
(b) for the pastoral care of persons in that area by those who are to share the cure of souls therein together with all other persons who are from time to time authorised by licence or permission of the bishop to serve in that area as members of the team.
The persons who are to share the cure of souls in the said area shall constitute the team chapter, and the team chapter together with the other persons referred to in the scheme by virtue of paragraph (b) of this subsection shall constitute the team.
(2) The office of rector in a team ministry shall, according as the scheme may provide, be either a freehold office or an office to be held by each holder thereof for such term of years as may be specified in the scheme; but the fact that the office is held for a term of years shall not affect its other attributes as a benefice and, in particular, the rector shall be a corporation sole and as such hold the property of the benefice during his term of office.
(3) The office of vicar in a team ministry shall be an ecclesiastical office constituted by the scheme and shall be held by each holder thereof for such term of years as may be specified in the scheme or fixed in accordance therewith by the bishop's licence; and the vicar shall, during that term, have the same security of tenure of his office as an incumbent of a benefice, and shall not be affected by a vacancy in the benefice of the rector.
(4) A pastoral scheme establishing a team ministry may designate the first rector (who may be the existing incumbent) or the first holder of any office of vicar but, subject to any such provision,
(a) the rector shall be presented or collated to the benefice, as the circumstances require, in accordance with paragraph 1 of Schedule 3 and the provisions of the scheme made thereunder;
(b) the vicar or vicars shall be chosen in accordance with paragraph 2 of that Schedule, shall be appointed to the office by licence of the bishop under seal and, unless the bishop otherwise directs, shall be publicly admitted in a church in the area.
(5) Where a pastoral scheme designates a person as the first holder of the office of vicar in a team ministry, the bishop shall offer to issue a licence appointing him to the office, and if that person does not accept the offer within one month after it is made to him, the designation shall cease to have effect.
(6) The term of years for which the office of rector or vicar in a team ministry is held may, subject to any provision in a pastoral scheme, be extended by licence of the bishop under seal for a further term or further terms not exceeding, in the case of any one extension, the length of the original term, but any such extension shall be personal to the rector or vicar concerned and not affect the term of office of subsequent holders.
(7) The rector in a team ministry shall have a general responsibility for the cure of souls in the area of the benefice, which may be subject to any special cure or special responsibility given to a vicar as hereinafter provided, and shall be responsible for the leadership of the team; and the scheme may make further provision as to the relationship of the rector and other members of the team ministry.
(8) A vicar in a team ministry shall by virtue of his office, but subject to his licence, have authority to perform in the area of the benefice all such offices and services as may be performed by an incumbent, and the scheme or, subject to the scheme, the bishop's licence may
(a) assign to the vicar a special cure of souls in respect of a part of the said area and, if appropriate, the name of vicar of a church in that part;
(b) assign to a vicar a special responsibility for a particular pastoral function;
(c) provide that any such special cure or responsibility shall be independent of the rector's general responsibility;
(d) assign to a vicar a general responsibility to be shared with the rector for a cure of souls in the area as a whole;
and, if any such provision as aforesaid is made by the bishop's licence, it may (subject to the scheme) be varied or revoked, with the consent of the rector and vicar concerned, by a subsequent licence under seal.
(9) The Ecclesiastical Jurisdiction Measures 1963 and 1974 shall apply to vicars in a team as if they were incumbents of the benefice for the area for which the team ministry is established.
(10) The rector in a team ministry shall convene meetings of the team at regular intervals for the purpose of discussing and reaching a common mind on all matters of general concern or special interest to the team ministry and shall preside when present and in his absence a vicar appointed by him as deputy chairman shall preside.
(11) Sub-paragraphs (1), [(3) and (5)] of paragraph 4 of Schedule 3 shall apply to parochial church meetings and parochial church councils in the area of the benefice for which a team ministry is established, . . . . and, if the area comprises more than one parish, for establishing a team council and empowering that council to exercise certain powers.
(12) Where two or more benefices are, or are to be, held in plurality, and a team ministry is established or is to be established for the area of one of those benefices, a pastoral scheme may provide for extending the operation of the team ministry, so long as the plurality continues, to the area of any other benefice so held, and subsections (7), (8) and (11) and the provisions of Schedule 3 therein referred to shall have effect as if the references to the area of the benefice were references to the combined area of the benefices concerned.
NOTE S.20: words in square brackets in subs.(11) substituted, and words in subs.(11) omitted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.15.
(1) A pastoral scheme may provide for establishing for a group of benefices specified in the scheme a group ministry to which the following provisions shall apply
(a) each of the incumbents of the benefices in the group shall have authority to perform in the area of every other such benefice all such offices and services as may be performed by the incumbent of that benefice;
(b) the incumbent of any such benefice shall, in performing such offices and services in the area of another benefice, act in accordance with the directions of the incumbent of that other benefice;
(c) it shall be the duty of all the incumbents to assist each other so as to make the best provision for the cure of souls throughout the area of the group ministry.
(2) Where a group ministry is established, the rights and duties aforesaid of each incumbent shall attach to his office, and accordingly, so long as the group ministry continues and the benefice is included therein, the incumbent shall not be entitled to resign or withdraw from those rights and duties, except by resigning the benefice, and on a vacancy the new incumbent shall be admitted to the benefice as an office in the group ministry, with the rights and subject to the duties thereof.
(3) A pastoral scheme establishing a group ministry may designate the first person (who may be the existing incumbent) to hold any benefice as a benefice in the group, but subject as aforesaid the incumbent of any such benefice shall be presented or collated to the benefice by the patron thereof, with the approval of the bishop (in the case of presentation) given in accordance with paragraph 3 of Schedule 3.
(4) The incumbents in a group ministry shall meet as a chapter for the purpose of discussing and reaching a common mind on all matters of general concern or special interest to the group ministry; and a pastoral scheme may provide for the chairmanship of the chapter and, in default of such provision, the members shall elect a chairman, normally for a term of three years; and the shall convene meetings of the chapter at regular intervals and shall preside when present, and in his absence a deputy chairman appointed by the meeting shall preside.
(5) Paragraph 4(4) of Schedule 3 shall apply for the establishment of group councils and for conferring certain powers on such a council.
(6) A pastoral scheme may include in a group ministry a benefice for which a team ministry is established, and in that case the foregoing provisions of this section shall apply to all the vicars in the team ministry, as well as the rector, in like manner as they apply to the incumbents of the other benefices in the group, except that directions to those incumbents in respect of their ministry in the area of the benefice for which the team ministry is established shall only be given by the rector.
(7) In this section, except subsections (2) and (3), "incumbent" includes a priest in charge.
(1) Without prejudice to the generality of the powers of revocation and amendment of pastoral schemes, a pastoral scheme may
(a) terminate a team ministry by abolishing the offices of the vicars and restoring the rectory, if it is held for a term of years, to the status of a freehold office;
(b) alter a team ministry by abolishing one or more of the offices of the vicars or increasing the number of such offices;
(c) with the consent of the rector or vicar concerned or on a vacancy, change the office of a rector in a team ministry from a freehold office to an office held for a specified term of years or alter the term of years for which an office of rector or vicar in a team ministry is held;
(d) terminate a group ministry by abolishing the rights and duties attaching to the benefices in the group under section 21;
(e) alter a group ministry by reducing or increasing or changing the benefices in the group;
(f) provide for such supplementary, consequential or transitional provisions as may be necessary or expedient, including in particular the provision relating to patronage required by paragraph 1(12) of Schedule 3 and provisions relating to the matters mentioned in paragraph 4 of the said Schedule.
(2) If a benefice for which a team ministry is established is dissolved by a pastoral scheme, the offices of the vicars in the team ministry (as well as the office of rector) shall cease to exist, without prejudice to the creation of such offices for any benefice created or altered by the scheme.
(1) Where a pastoral scheme provides for the union of two or more benefices one of which is a rectory, the new benefice created by the union shall be a rectory.
(2) Where a pastoral scheme provides for the dissolution of a rectory, otherwise than as a of a union of benefices, any new benefice created in consequence of the dissolution shall, if the scheme so provides, be a rectory.
(3) Save as aforesaid and except in the case of a benefice for which a team ministry is established, every new benefice created by a pastoral scheme shall be a vicarage.
(4) Any question under the foregoing provisions of this section whether a benefice is or was a rectory shall be determined by the Commissioners.
(5) The rector or vicar of a new benefice created by a pastoral scheme shall have the exclusive cure of souls in the area of the benefice, subject to the rights of the bishop of the diocese and if there is a team or group ministry established for the benefice, to the rights and duties of the other members of the team or group, and shall accordingly have all the rights and duties appertaining to a benefice with cure of souls, and shall be a corporation sole.
(6) Where any office attaches to a benefice which is united with any other benefice or benefices by a pastoral scheme, that office shall attach to the new benefice created by the union unless the scheme otherwise provides.
(1) A pastoral scheme providing for the creation of a new benefice may provide for the designation or selection of the first incumbent of the new benefice and of the incumbent of any benefice concerned which falls vacant before the new benefice comes into being, and for restricting rights of presentation on any such vacancy.
(2) A pastoral scheme providing for the holding of two or more benefices in plurality may provide for the designation or selection of the incumbent who is to hold all the benefices concerned and of the incumbent of any such benefice falling vacant before all the said benefices come to be held in plurality, and for restricting rights of presentation on any such vacancy.
(3) Subsections (1) and (2) shall not apply to the first rector of a team ministry or the first incumbent of a benefice in a group ministry to whom sections 20(4) and 21(3) respectively apply.
(4) Paragraph 5 of Schedule 3 shall apply, with respect to the admission and induction of incumbents of benefices created or affected by pastoral schemes as therein mentioned.
(1) A provision of a pastoral scheme which dissolves any benefice . . . . or deanery or abolishes or results in the abolition of any office of vicar in a team ministry may be brought into operation without the assent of the incumbent, . . . . rural dean or vicar and without waiting for a vacancy in the benefice, . . . . deanery or office.
(2) If on the date of the coming into operation of any provision of a pastoral scheme
(a) for the holding of benefices in plurality; or
(b) for the establishment of a team ministry for the area of a benefice; or
(c) for the establishment of a group ministry for a group of benefices;
any of the benefices concerned, or the benefice concerned, is not vacant, and the existing incumbent is not to hold the benefice by virtue of a designation by the scheme or any appointment under the scheme or this Measure, the benefice shall be deemed to be vacated on the said date.
(3) A pastoral scheme any provision of which will or may have the effect of vacating a benefice . . . . under the last foregoing subsection or of dissolving a benefice which is not already vacant or of abolishing the office of vicar in a team ministry which is not already vacant shall provide that the said provision is not come into operation until a date at least 6 months after [the expiration of the period of 3 months referred to in section 11(2)(a)] or, if the operation thereof is dependent on the happening of any event or contingency, until a date at least six months after the happening thereof:
Provided that
(a) this subsection shall not apply to a benefice which is dissolved if the incumbent of the is designated by the scheme as the first incumbent of any benefice created or affected by the scheme or as the first holder of any office of vicar in a team ministry which is abolished if the holder of that office is designated by the scheme as the first of any benefice created or affected by the scheme or as the first holder of any office of vicar in a team ministry established by the scheme;
(b) the scheme may provide that if, owing to a subsequent vacancy, any such provision will not have the effect aforesaid, it shall come into operation either on [the expiration of the said period of 3 months] or the happening of the event or contingency or on the vacancy, whichever last occurs.
(4) If, on the coming into operation of any provision to which the last foregoing subsection applies, the official residence of the incumbent . . . . or vicar concerned, being the parsonage house or the house held in trust for use as such residence, is not vested in the diocesan board of finance, the said board shall have a right to take proceedings to recover possession of the residence.
NOTE S.25: words in subss.(1), (3) & (4) omitted, and words in square brackets in subs.(3) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.16.
The provisions of Schedule 4 shall have effect for the purpose of conferring rights to compensation on incumbents of benefices [and vicars in team ministries] whose benefices or offices are dissolved, abolished, vacated or resigned in the circumstances specified in the said Schedule, and of determining claims to such compensation, and for other matters relating thereto.
NOTE S.26: words in square brackets substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.17.
(1) A pastoral scheme may, in relation to any parish, including a new parish to be created by the scheme or a parish the area of which is to be altered thereby
(a) designate as the parish church or as an additional parish church, or as parish churches or additional parish churches, any church or churches in the parish;
(b) provide for a church in the parish which immediately before the scheme comes into operation is a parish church to cease to be a parish church;
(c) provide for a new church and for it to become, after its approval by the Commissioners as suitable to be a parish church and its consecration, the parish church, or an additional parish church, of the parish either in substitution for an existing parish church or otherwise.
(2) The designation by a pastoral scheme as a parish church of a building which immediately before the scheme comes into operation is not a parish church shall not take effect unless and until it has been approved by the Commissioners as suitable to be a parish church and, if necessary, the building has been consecrated.
(3) If the area of a parish is altered by a pastoral scheme but no provision with respect to the churches in that area is made by the scheme, every church in that area shall have the same status on and after the date on which the scheme comes into operation as it had immediately before that date.
(4) Where, in a parish which has no parish church, a church is approved by the Commissioners as suitable to be a parish church and is consecrated, it shall become the parish church of that parish.
(5) Where by virtue of a designation made by a pastoral scheme or otherwise a parish has more than one parish church, the following provisions shall apply
(a) the parishioners of the parish shall have the same rights of worship in each of the parish churches;
(b) marriages may be solemnized in any of the parish churches, and the bishop may give directions under . . . . paragraph 14(4) of Schedule 3 to this Measure with respect to the publication of banns and solemnization of marriages in parish churches;
(c) burial rights shall not be affected by the designation, but shall be governed by paragraph 15 of Schedule 3;
(d) the powers, duties and liabilities of the parochial church council of the parish shall extend to each of the parish churches;
(e) two churchwardens shall be appointed for each of the parish churches, . . . . but all the churchwardens shall be churchwardens of the whole parish, except so far as they may arrange to perform separate duties in relation to the several parish churches;
and the pastoral scheme may make such other adaptations or modifications of enactments or Measures relating to parish churches or churchwardens (including the foregoing provisions) as may be necessary or expedient.
(6) It shall be lawful in any church designated by a pastoral scheme as a parish church or becoming a parish church under this section, to publish banns of matrimony, solemnize marriages and perform all other such ecclesiastical offices as may be performed in a parish church.
(7) A pastoral scheme may provide for determining claims to sittings and other claims in respect of a church designated by a pastoral scheme as a parish church or becoming a parish church under this section.
(8) A pastoral scheme may provide for transferring to a church designated by such a scheme as a parish church or becoming a parish church under this section register books or records from any other church ceasing to be a parish church or otherwise affected by or in pursuance of that or any other pastoral scheme or for those books or records to be dealt with as the [bishop may direct].
NOTE S.27: words in subs.(2) omitted, and words in square brackets in subs.(8) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.18.
(1) A pastoral scheme may make a declaration of redundancy in respect of
(a) a church which is not required as a parish church or chapel of ease or will cease to be so required as a result of any provision of the scheme; or
(b) any part of a church (being a parish church or chapel of ease) which is no longer required for use as a part of the church or will cease to be so required as a result of any provision of the scheme;
and in that case provision may be made in accordance with Part III, either by the pastoral scheme . . . . or by a scheme made under Part III, for the use, care and maintenance, the vesting in the diocesan board of finance or the demolition of the church or part of the church to which the declaration relates (in this Measure referred to as the "redundant building"), and also for dealing with a churchyard or other land annexed or belonging to the church.
(2) A declaration of redundancy may be made as aforesaid in respect of a parish church notwithstanding that the parish will have no parish church when the declaration takes effect, and the status of the parish shall not be affected by the lack of a parish church.
(3) As from the date when a declaration of redundancy takes effect in respect of the whole of a church, the church shall be closed for public worship except as may be provided under Part III.
NOTE S.28: words in subs.(1) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.19.
(1) Where a parish has no church, the bishop shall make provision for public worship according to the rites and ceremonies of the Church of England by licensing one or more buildings or parts of buildings . . . for such worship.
(2) The bishop may designate any church in a parish, other than a parish church, or any building or part of a building licensed for public worship in any parish, as a parish centre of worship and thereupon, but subject to subsections (3) and (4), for the purposes of
(a) the [Marriage Act 1984 (an Act of Tynwald)] and paragraph 14 of Schedule 3 to this Measure,
(b) any other enactment (including this Measure), or rule of law requiring or authorising any service or ceremony to be held or notices to be affixed or other thing done in or at the parish church or a parish church, and
(c) section 27(5)(e),
a church, building or part of a building so designated shall be deemed, while the designation is in force, to be a parish church. . . . .
(4) A building or part of a building so designated shall not by virtue only of the designation be subject to the faculty jurisdiction, but without prejudice to the power of the bishop under section 6 of the Faculty Jurisdiction Measure 1964 to direct that it shall be so subject.
(5) A designation under this section may be revoked by the bishop, but without prejudice to the continuation in force of any licence thereunder, if the bishop thinks fit.
(6) Any such designation or revocation thereof shall be under seal and shall be registered in the registry of the diocese, and the registrar of the diocese shall give public notice thereof in one or more newspapers [published and circulating in the Isle of Man].
NOTE S.29: subs.(1): words omitted by Church of England (Miscellaneous Provisions) Measure 1992 Sch.3 para.19; words in square brackets in subss.(2) & (6) substituted, and subs.(3) omitted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.20.
(1) Subject to the following provisions of this section, a pastoral scheme may provide for the appropriation of the whole or any part of [a churchyard or other land annexed or belonging to a church] to such use or uses as may be specified or generally described in the scheme, and the scheme may provide for the disposal of any such property for such use or uses or without limitation of use.
(2) Subsection (1) shall not apply to a churchyard or other land annexed or belonging to a church to which a declaration of redundancy relates unless the scheme by which provision was made for the use, the care and maintenance, the vesting in the diocesan board of finance or the demolition of the church contained no provision for dealing with the land the subject of the proposed scheme.
(3) In the case of a churchyard or other land annexed or belonging to a church or burial ground adjacent to a church, the pastoral scheme shall make such provision as appears to the bishop and the bishop and the Commissioners to be desirable for safeguarding the use and amenities of the church or to be necessary for preserving a right of access to any grave in that land or burial ground. . . . .
(5) Any scheme providing for the matters aforesaid may also make provision for the vesting of the property and for applying in relation thereto, with such modifications as may be specified in the scheme, any of the provisions of Part III relating to the appropriation, disposal and vesting of property, rights of way and other easements, the removal of the legal effects of consecration and the imposing of covenants; and the provisions of Part III relating to the disposal of human remains shall apply to the property.
(6) In this section "burial ground" means any land set apart and consecrated for the purpose of burials whether or not burials have taken place therein.
NOTE S.30: words in square brackets in subs.(1) substituted, and subs.(4) omitted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.21.
(1) A pastoral scheme may provide for any of the following matters
(a) the designation of any house belonging to a benefice as the place of residence of the incumbent of any benefice created or affected by the scheme or of the incumbent of any benefices to be held in plurality, by or by virtue of the scheme;
(b) the designation of any house as the place of residence of any vicar in a team ministry established for the area of any benefice by or by virtue of the scheme;
(c) the transfer to the incumbent of any benefice as his official residence [of a parsonage house or part of a parsonage house];
(d) the transfer of a parsonage house [or part of a parsonage house] to the diocesan board of finance to be held by the board . . . . for disposal in accordance with paragraph 9 of Schedule 3 or for use for parochial or diocesan purposes.
(2) The power under paragraph (a) or (b) of the preceding subsection to designate a house as the place of residence of an incumbent or a vicar in a team ministry shall be without prejudice to the subsequent exercise of any power to dispose of the house or to the subsequent exercise by the bishop of any power he may have to give directions as to the place where the incumbent or vicar is to reside. . . . .
NOTE S.31: words in square brackets in subs.(1) substituted, subss.(3) & (4) and words in subs.(1) omitted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.22.
(1) A pastoral scheme may, with the consent of the patron or patrons concerned and of the person to whom the rights of patronage are to be transferred, provide for the exchange or transfer of rights of patronage of any benefice or church, whether or not that benefice or church is otherwise affected by the scheme.
(2) A pastoral scheme creating any new benefice may provide for vesting the patronage of the benefice in a patron or patrons and, where necessary, for determining the manner in which the rights of patronage are to be exercised.
(3) Unless provision is made under the foregoing provisions of this section, the patron of a new benefice created by a pastoral scheme shall be [the bishop].
(4) A pastoral scheme providing for the holding of two or more benefices in plurality may provide for the exercise of the rights of patronage of those benefices, including the exercise thereof on a renewal of the said provision for plurality.
(5) Where any benefice is dissolved by a pastoral scheme, or a chapel of ease becomes a parish church by virtue of a pastoral scheme, the rights of patronage of the benefice and any rights of patronage of the chapel of ease shall cease to exist.
(6) In the exercise of the powers conferred by the foregoing provisions of this section regard shall be had to the interests of persons whose rights of patronage cease to exist by virtue of a pastoral scheme and the interests of patrons of benefices to be held in plurality, but it shall not be necessary for the scheme to provide, in cases where there are pastoral or practical objections, for conferring new patronage rights on the first-mentioned persons or on all of them or for sharing the exercise of the patronage rights of the benefices to be held in plurality among the patrons of those benefices or all of them.
(7) Any provision with respect to rights of patronage made by or by virtue of the foregoing provisions of this section shall have effect subject to any provision made by virtue of section 24 with respect to the incumbents and vacancies therein mentioned.
(8) A pastoral scheme providing for the vesting or exercise of rights of patronage under subsection (2) or subsection (3) may also, in appropriate cases, provide for applying to those rights any trusts formerly applicable to rights extinguished or altered by or by virtue of the scheme.
(9) Nothing in the foregoing provisions of this section shall affect the provisions of sections 20(4) and 21(3) and paragraphs 1, 2 and 3 of Schedule 3, and accordingly any rights of patronage exchanged or transferred or created by or under this section shall, on the establishment of a team or group ministry for the benefices concerned, have effect subject to the said provisions.. . . . .
NOTE S.32: words in square brackets in subs.(3) and subs.(10) omitted by Patronage Measure (Isle of Man) 1997 Sch.2 para.2.
(1) A pastoral scheme may provide, on such terms and conditions as may be specified, that the whole of the income of the endowments of a benefice, or a specified annual amount thereof, or the excess over a specified amount thereof, shall be paid to the income account of the diocesan stipends fund.
For the purposes of this subsection two or more benefices which are held in plurality or are to be held in plurality by virtue of the scheme may be treated as if they constituted one benefice and as if the aggregate of the income of their endowments were the income of the endowments of that one benefice.
(2) The powers conferred by subsection (1) shall only be exercised with respect to the income of the endowments of any benefice (not being a benefice which ceases to exist by virtue of the scheme) in the following cases
(a) where the provision is to take effect during a vacancy or on the occurrence of a vacancy in the benefice; or
(b) where the incumbent of the benefice consents; or
(c) where . . . the income of the endowments of the benefice (disregarding any gift or bequest made during the existing incumbency) . . . is not to be reduced below the amount thereof when the incumbent was admitted; or
(d) where the benefice is to be held in plurality and the provision will only operate during the continuance of the plurality;
and the Commissioners shall in every case satisfy themselves that the income derived from the sources mentioned in paragraph (c) above is sufficient to support the incumbent.
(3) Any provisions made under subsection (1) may be revoked, or may be varied so as to reduce the amount of the income payable thereunder, by the Commissioners with the consent of the bishop and the diocesan board of finance.
(4) Where a benefice is dissolved by a pastoral scheme, in consequence of a union of benefices, and the [diocesan board of finance] hold moneys for expenditure on capital purposes in connection with a parsonage house for the benefice or moneys arising from or in connection with the disposal of a parsonage house of the benefice, [Schedule 2 to the Church Act 1992 (an Act of Tynwald)] shall apply to all such moneys as it applies to moneys arising from the sale of property of the benefice under [that Schedule], and shall have effect with the modification that references to the benefice shall be construed as references to the new benefice created by the union.
(5) Notwithstanding anything in the said [Schedule 2], a pastoral scheme may provide that any moneys arising from any sale or exchange . . . of any part of the property of a benefice specified in the scheme, or so much of those moneys as may be so specified, shall
(a) be held by the [diocesan board of finance] for the benefit of any other benefice so specified; or
(b) be paid into the capital account of the diocesan stipends fund; or
(c) be paid into the diocesan pastoral account; or
(d) be applied towards the provision, restoration, improvement or repair of a church or place of worship . . . or a parsonage house or a house for a vicar in a team ministry or an assistant curate.
[(6) In this section "place of worship" means a building licensed by the bishop for public worship in accordance with the rites and ceremonies of the Church of England, being a building used wholly for the purposes of such worship and purposes ancillary thereto, or partly for those purposes and partly for other ecclesiastical purposes of the parish and purposes ancillary thereto, and includes a building which, pursuant to an agreement under the Sharing of Church Buildings Act 1969, is to be used as a place of worship jointly with another church and is to be owned by the Church of England only or is to be jointly owned by that Church and any other church.]
NOTE S.33: words in subss.(1), (4) & (5) omitted, words in square brackets in subss.(4) & (5) substituted and subs.(6) inserted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.24 as am. by Church Act 1992 Sch.4 Part 2 para.10.
A pastoral scheme may provide for merging with a benefice . . . any office of minister of a church or chapel without cure of souls, and may make further provision for any of the matters for which provision is or may be made by or under this Part in relation to a benefice, and in particular
(a) for the vesting of any such church or chapel and its use either as a parish church or chapel of ease, or for making a declaration of redundancy in respect thereof;
(b) for the transfer, vesting or disposal of rights of patronage, endowments or other property relating or belonging to any such . . . office, on such terms as may be provided by the scheme;
[(c) for altering a chapelry, or for abolishing a chapelry and dissolving the parochial church council thereof.]
NOTE S.34: words omitted and para.(c) inserted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.25.
. . . . .
NOTE Ss.35 & 36 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.26.
The following powers exercisable under the foregoing provisions of this Part by a pastoral scheme shall also be exercisable by a pastoral order, that is to say
(a) power to alter the areas of benefices or parishes or to define their boundaries under section 17(1)(c) or to alter or define extra-parochial places under section 17(1)(d), but not so as to transfer from any benefice or parish any church used for public worship;
(b) the power to alter the name of any benefice or parish under section 17(2);
(c) the power to provide for the holding in plurality of any two or more benefices (subject to such conditions, if any, as may be specified) under section 18;
(d) the power to provide for creating, altering or dissolving, [or for designating, a deanery], and for naming or altering the name of an archdeaconry or deanery, under section 19;
(e) the power to assign a special cure of souls or other responsibilities to vicars in team ministries under section 20(8), and the power to alter a team ministry or change the office of a rector or vicar in a team ministry under section 22(1)(b) or (c), and to provide for supplementary, consequential or transitional matters under section 22(1)(f);
(f) the power under section 24(2) to provide for the designation or selection of incumbents of benefices to be held in plurality;
(g) the powers under section 27(1) to make provision with respect to churches;
(h) the powers under section 31 as respects parsonage houses and the residences of vicars in team ministries, except so far as they relate to a new benefice;
(i) the power under section 32(1) to provide for the exchange or transfer of rights of patronage of any benefice or church and the power to provide for the exercise of rights of patronage of benefices held in plurality under section 32(4);
(k) the power to provide for the payment to the income account of the diocesan stipends fund of the income of the endowments of a benefice under section 33(1);
(l) the power under section 33(5) to make provision as to the manner in which moneys arising from the sale or exchange of the property of a benefice . . . are to be dealt with; . . .
and accordingly the said provisions of this Part, and also section 18(4), section 27(6), (7) and (8) and section 33(2) and (3), shall apply, subject to any limitations specified above, to pastoral orders as they apply to pastoral schemes:
Provided that the powers specified in paragraphs (c), (d) and (e) of this section shall not include power to require any benefice to be vacated under section 25(2), or to provide for . . . abolishing any office of vicar in a team ministry except with the assent of the . . . vicar or on a vacancy.
NOTE S.37: para.(m) and words in para.(l) and proviso omitted, and words in square brackets in para.(a) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.27.
(1) A pastoral scheme or pastoral order may contain such supplementary or consequential provisions as appear to the Commissioners, with the agreement of the bishop . . . , to be necessary or expedient for giving effect to the purposes of the scheme or order.
(2) A pastoral scheme or order shall, where the Commissioners consider it appropriate, have annexed thereto a map or plan showing the changes made by the scheme or order.
(3) A pastoral scheme or order may provide that the scheme or order, or any provisions thereof, shall come into operation on a specified date, or on the happening of a specified event or contingency, and different dates, events or contingencies may be specified for different provisions.
NOTE S.38: words in subs.(1) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.28 as am. by Church Act 1992 Sch.4 Part 2 para.11.
(1) A pastoral scheme may be amended or revoked by a subsequent pastoral scheme or may, in respect of matters falling within the powers exercisable by a pastoral order, be amended by a pastoral order.
(2) A pastoral order may be amended or revoked by a subsequent pastoral order or pastoral scheme. . . .
(4) An amending pastoral scheme or order may provide for any matters for which provision could have been made by the scheme or order to be amended.
(5) A pastoral scheme or order, or any provision thereof, may be revoked or amended under this section before it comes into operation.
NOTE S.39: subs.(3) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.29.
Schedule 3 which
(a) consists mainly of provisions applying generally by virtue of this Measure to such matters arising out of pastoral schemes and orders as are therein mentioned; and
(b) includes some provisions conferring supplementary powers exercisable by pastoral schemes and orders in relation to such matters,
shall have effect, but without prejudice to the powers conferred by section 38(1).