. . . . .
NOTE Ss.41-48 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.30.
[(1) Where a pastoral scheme contains a declaration of redundancy but does not make provision for the redundant building in accordance with this Part, the redundant building [together with the contents thereof] shall, when the declaration takes effect, vest by virtue of this Measure without any conveyance or other assurance in the diocesan board of finance.]
(2) During the period between the taking effect of a declaration of redundancy and the coming into operation of a redundancy scheme with respect to the redundant property
(a) the diocesan board of finance shall be responsible for the care and maintenance of the redundant building, so far as is reasonable in all the circumstances, and the safe keeping of its contents, whether in the building or elsewhere, and shall insure the said building and contents;
(b) the said board may without obtaining a faculty transfer the contents of the redundant building or any of them to some other place for safe keeping until the coming into operation of the scheme;
(c) the said board may with the consent of the bishop and of the incumbent or priest in charge of the benefice in the area of which the redundant building is situated permit the redundant building to be used occasionally for worship, including worship by persons belonging to other Christian Churches;
(d) . . . the Commissioners shall make every endeavour to find a suitable use for the redundant building;
(e) while incurring no financial obligation, the incumbent and priest in charge and churchwardens of the parish in which the redundant building is situated shall give the diocesan board of finance every assistance in providing for reasonable supervision of the building against damage.
(3) On a declaration of redundancy taking effect, any liability of a parochial church council or rector (including a lay rector) for the repair and maintenance of the redundant building and the safe keeping of its contents shall cease, and [Part I of the Church Act 1979 (an Act of Tynwald)] shall cease to apply to the redundant building.
(4) Where the diocesan board of finance transfers any of the contents of the redundant building to some other place, the board shall serve a notice on the Commissioners . . . and the registrar of the diocese informing them of the transfer and giving particulars of the contents transferred and the address of the place in question, and shall serve a similar notice on any incumbent, priest in charge, parochial church council or sequestrators concerned.
NOTE S.49: words in subss.(2) & (4) omitted, and subs.(1) and words in square brackets in subs.(3) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.31 as am. by Church Act 1992 Sch.4 Part 2 para.12.
50. Procedure for making redundancy schemes
(1) The Commissioners, [in any case mentioned in section 49(1),] shall not later than three years after the declaration of redundancy takes effect, prepare a draft scheme with respect to the redundant building providing for any of the matters mentioned in the next following section:
Provided that if before the end of the said period of three years it is found to be impracticable to prepare the draft scheme before that period expires, and it seems to the Commissioners, after consulting the diocesan board of finance, reasonable so to do, they may, with the consent of the bishop, postpone the preparation of the draft scheme for such minimum further period or periods as they find to be necessary.
(2) Before preparing any such draft scheme the Commissioners [shall consult the bishop].
(3) The Commissioners shall serve a copy of the draft scheme on the diocesan board of finance [and the Commonwealth War Graves Commission].
(4) The Commissioners shall also publish in one or more newspapers [published and circulating in the Isle of Man] a notice stating the effect of the draft scheme and naming a place or places where a copy thereof may be inspected, and stating that written representations with respect to the draft scheme may be made to the Commissioners not 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 as aforesaid.
(5) The Commissioners shall consider any representations duly made with respect to the draft scheme and any unforeseen change of circumstances affecting its implementation, and may decide not to proceed with it or to amend it or to proceed with it in its original form, and shall consult the bishop before making their decision.
(6) If the Commissioners decide to proceed with the draft scheme, they shall seal a copy thereof, with such amendments (if any) as they may have made therein, and shall thereby make the scheme. . .
(7) If the Commissioners decide in accordance with subsection (5) not to proceed with a draft scheme, . . . they shall as soon as possible prepare a new draft scheme, and subsections (2) to (6) shall apply thereto. . . .
[(9) Sections 10 and 11 shall apply, with the necessary modifications, to schemes made under this section as they apply to pastoral schemes, and a notice sufficiently identifying a scheme under this section and stating that it has been made and where a copy of it may be obtained shall be published in a newspaper published and circulating in the Isle of Man.]
NOTE S.50: subs.(8) and words in subss.(6) & (7) omitted, and subs.(9) and words in square brackets in subss.(1), (2), (3) & (4) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.32.
51. Contents of redundancy schemes
(1) [A pastoral scheme containing a declaration of redundancy may, and a redundancy scheme shall,] make the following provision for the redundant building, that is to say
(a) if a use or uses appearing to the Commissioners to be suitable have been found for the redundant building or any part thereof, the scheme may provide for appropriating the building or part to such use or uses, which shall be specified or generally described in the scheme; . . .
(c) if the building or any part thereof is not appropriated . . . under paragraph (a) . . . of this subsection the scheme may, with the consent of the diocesan board of finance, provide for the building or any part thereof [to vest or] to remain vested in that board and be held by them on such terms as may be specified in the scheme;
(d) if the building or any part thereof is not appropriated or provided for under the foregoing paragraphs of this subsection, the scheme shall provide for its demolition.
(2) Where [such a scheme] provides for the appropriation of the redundant building or any part thereof to a use or uses specified or described in the scheme, the scheme may also provide
(a) for appropriating the whole or any part of the land annexed or belonging to the redundant building or the church of which it forms part, to a use or uses so specified or described;
(b) for empowering the diocesan board of finance themselves to use or hold the property concerned for the use or uses so specified or described or to let or license the property for such use or uses as aforesaid, or partly one and partly the other;
(c) for empowering the [diocesan board of finance], subject to any conditions prescribed by the scheme, to sell, give or exchange the property concerned or any part of it for such use or uses as aforesaid.
(3) Where [such a scheme] provides for the redundant building or any part thereof [to vest or] to remain vested in the diocesan board of finance, the scheme may also provide
(a) for appropriating the whole or any part of the land annexed or belonging to the redundant building, or the church of which it forms part, to a use or uses specified or described in the scheme;
(b) for empowering the said board themselves to use or hold that land or any part of it for the use or uses so specified or described or to let or license the property for such use or uses as aforesaid, or partly the one and partly the other;
(c) for empowering the [diocesan board of finance], subject to any conditions prescribed by the scheme, to sell, give or exchange that land or any part of it for such use or uses as aforesaid;
(d) for transferring to the said board responsibility for the care and maintenance of that land or any part of it;
and the scheme may provide as mentioned in paragraph (d) above notwithstanding that the land is or has been used for burials.
(4) Where [such a scheme] provides for the demolition of the redundant building or any part thereof, it may also provide
(a) for the sale, gift, exchange or lease by the [diocesan board of finance] of the site or part of the site of the demolished building or part of the building, with or without the whole or any part of the land annexed or belonging to the building or to the church of which it forms part;
(b) for the disposal of the materials arising from the demolition;
(c) for specifying the use or uses for which any land sold, given, exchanged or let by the [diocesan board of finance] as aforesaid is to be used, or allowing it to be used without limitation;
(d) for appropriating the said site or any part thereof for use as part of the churchyard or burial ground or for other ecclesiastical purposes of the parish.
(5) The proceeds of any sale or exchange under subsection (2), (3) or (4) and the premiums on any lease or licence thereunder shall be paid to the [diocesan board of finance], who, subject to subsection (8), shall pay the net proceeds and net premiums to the diocesan pastoral account]. . . .
(8) Where before a declaration of redundancy was made in respect of a church or part of a church that church or part was the subject of a sharing agreement under the Sharing of Church Buildings Act 1969, and on the termination of the agreement it was vested in an incumbent [and churchwardens] by section 9(3) of that Act, any contribution in the nature of capital made in accordance with the agreement by any party thereto, other than a party acting on behalf of the Church of England, or so much thereof as the [diocesan board of finance] may determine, may be repaid to that party by the [diocesan board of finance] out of the proceeds of any sale or exchange, or the premiums on any lease or licence, of that church or part or the site thereof under subsection (2), (3) or (4) before the net proceeds or net premiums, as the case may be, are paid or applied in accordance with subsection (5). . . .
(13) For the purposes of this section . . . , and without prejudice to the generality of the provisions thereof, the use of a building or part of a building for such special or occasional religious worship as may be authorised by the bishop, or its use as a place of religious worship for a university, college, school or other institution, or its use for religious worship by any Church other than the Church of England, shall be a use to which a redundant building or a part thereof may be appropriated by a pastoral or redundancy scheme, and the consent of the incumbent or priest in charge of the benefice in the area of which the building is situated shall not be required for any such use.
NOTE: S.51: subss.(6), (7) and (9)-(12) and words in subss.(1) & (13) omitted, and words in square brackets in subss.(1), (2), (3), (4), (5) & (8) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.33 as am. by Church Act 1992 Sch.4 Part 2 para.13.
. . . .
NOTE: Ss.52 & 53 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.34 as am. by Church Act 1992 Sch.4 Part 2 para.14.
54. Redundancy schemes in respect of closed churches
(2) Where any church or part of a church [is] demolished, otherwise than under this Part, a redundancy scheme may, at any time . . . after the demolition, be prepared, made and confirmed in accordance with subsections (2) to (6) of section 50 and [subsection (8)] of section 50 shall apply thereto.
(3) Where by virtue of subsection (2) a redundancy scheme provides for any of the matters mentioned in section 51(4)(a), section 51(5) shall apply in relation to the proceeds and net proceeds of any sale or exchange, and to the premiums and net premiums on any lease, of the site or part of the site of the church or part of the church to which the scheme provides as it applies where a redundancy scheme which provides for the demolition of a redundant building also provides for any of those matters.
NOTE S.54: subs.(1) and words in subs.(2) omitted, and words in square brackets in subs.(2) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.34A as am. by Church Act 1992 Sch.4 Part 2 para.14.
. . . . .
NOTE: S.55 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.34B as am. by Church Act 1992 Sch.4 Part 2 para.14.
56. Churches not to be closed or disposed of otherwise than under this Measure
(1) It shall not be lawful to make any order or give any direction for closing a church on the ground that it is no longer required for use as a church, and the only procedure for closing a church on that ground shall be by way of a declaration of redundancy. . . .
(2) It shall not be lawful to sell, lease or otherwise dispose of any church or part of a church or the site or part of the site of any church or any consecrated ground belonging or annexed to a church except in pursuance of powers under this Part or section 30.
(3) The foregoing provisions of this section shall not
(a) prevent the grant of a faculty authorising a suitable use of part of a church or the grant of any faculty in respect of any such land as aforesaid; or
(b) affect any powers under any Act of [Tynwald]. . . .
[(c) affect the power of the bishop of a diocese under section 22 of the Care of Churches and Jurisdiction Measure 1991 to make an order directing that a building or land shall not be subject to the legal effects of consecration.]
(4) Where any church other than a church which has been declared redundant is purchased compulsorily or is purchased by agreement under an enactment conferring powers of compulsory purchase, then for the purposes of any enactment applying to the disposal of sums paid to the Commissioners in respect of the purchase of the church or any land annexed or belonging thereto, or in respect of compensation for damage to other ecclesiastical property arising in connection with the purchase, the provisions of this Part relating to the disposal of the proceeds of sale of a redundant building or any land annexed or belonging to a redundant church shall be deemed not to be applicable.
NOTE S.56: subs.(1): words omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.35; subs.(3): words in square brackets in para.(b) substituted by ibid.; para.(c) inserted by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 Sch.7 para.5.
57. Amendment of redundancy schemes and provisions
(1) A redundancy scheme, and such provisions of a pastoral scheme as are made by virtue of [section 50], may be amended by a subsequent redundancy scheme [prepared and made] in accordance with subsections (2) to (6) of section 50, and [subsection (9)] shall apply thereto.
(2) An amending redundancy scheme may revoke all or any provisions of the previous redundancy scheme or, as the case may be any such provisions of a pastoral scheme, and may substitute or add other provisions providing for any of the matters mentioned in section 51, so far as applicable, and may contain such transitional provisions as appear to the Commissioners to be necessary or expedient in consequence of the changes made by the amending scheme. . . .
(6) A redundancy scheme or any provision thereof, and any such provisions of a pastoral scheme, may be amended or revoked under this section before it comes into operation.
NOTE S.57: subss.(3), (4) & (5) omitted, and words in square brackets in subs.(1) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.36.
58. Restoration of redundant building to use as a church building
A pastoral scheme may provide that a redundant building or part of such a building which is vested in . . . the diocesan board of finance . . . shall be restored to use as a church or part of a church, and may further provide
(a) for designating the church as a parish church or chapel of ease;
(b) for vesting the building or part, with or without any land vested as aforesaid with the building or part, in the incumbent of the benefice in the area of which, [and the churchwardens of the parish in which,] it is situated, or in such other person as may be specified in the scheme;
(c) for such transitional, supplementary or consequential matters as appear to the Commissioners to be necessary or expedient;
(d) for revoking the declaration of redundancy and revoking or amending any provisions, whether in a pastoral scheme or redundancy scheme, made under this Part in relation to the redundant building or part.
NOTE S.58: words omitted, and words in square brackets inserted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.37 as am. by Church Act 1992 Sch.4 Part 2 para.15.
(1) Where a redundancy scheme or a pastoral scheme [containing a declaration of redundancy] provides for the demolition of the redundant building or any part thereof, the building or part thereof and any land which under the scheme is to be sold, given, exchanged or let with the site of the demolished building or part thereof shall by virtue of this Measure, without any conveyance or other assurance, vest in the [diocesan board of finance] on the date when the relevant provisions of the scheme come into operation. . . .
(2) Where [such a scheme] provides for empowering the [diocesan board of finance] to sell, give or exchange the redundant building or any part thereof or any land annexed or belonging to the building or the church of which it forms part for a use or uses specified or described in the scheme, the building or part thereof or land shall vest in the [diocesan board of finance] as aforesaid on the date when the relevant provisions of the scheme come into operation.
(3) Where [such a scheme] provides for the use, holding, letting or licensing by the diocesan board of finance of the redundant building or any part thereof or any land annexed or belonging to the building or the church of which it forms part for a use or uses specified or described in the scheme, and the building or part thereof or land is not, on the date when the relevant provisions of the scheme come into operation, vested in the said board, it shall by virtue of this Measure, without any conveyance or other assurance, vest in the said board on the said date.
(4) Where [such a scheme] provides for appropriating any land to use as part of a churchyard or burial ground, the land shall, on the date when the relevant provisions of the scheme come into operation, vest by virtue of this Measure, without any conveyance or other assurance, in the person in whom the churchyard or burial ground is vested. . . .
(6) Where [such a scheme] provides for transferring to the diocesan board of finance responsibility for the care and maintenance of any land annexed or belonging to a redundant building or the church of which it forms part, the land shall by virtue of this Measure, without any conveyance or other assurance, vest in the said board.
(7) Any property vesting under this section or under section 49(1) shall vest free of any trust or burial rights:
Provided that any person entitled to burial rights may claim compensation in respect of the loss thereof, and any such claim in default of agreement shall be referred to and determined by the consistory court of the diocese . . . , and the amount of any compensation awarded shall be paid by the diocesan board of finance and the payment shall be treated as money expended on the property for the purpose of furthering the disposal or use thereof.
(8) [Where any property vests as aforesaid in the diocesan board of finance, the said board] shall be deemed to have an interest, for the purpose of faculty proceedings, in any other property so vested or any property formerly annexed or belonging to or held with property so vested.
NOTE S.59: subs.(5) and words in subss.(1) & (7) omitted, and words in square brackets in subss.(1), (2), (3), (4), (6) & (8) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.38 as am. by Church Act 1992 Sch.4 Part 2 para.16.
60. Rights of way and other easements
(1) Where any land annexed or belonging to a church the whole or part of which is a redundant building does not vest by virtue of this Measure in the diocesan board of finance, . . . the redundancy scheme or . . . the pastoral scheme may provide for conferring on the [diocesan board of finance] such rights of way or other easements over or in the land not so vesting as appear to the Commissioners to be necessary
(a) to enable any property so vesting to be used for a use or uses specified or described in the redundancy scheme or pastoral scheme, or to facilitate such use; [or]
(b) to enable any property so vesting which is to be sold, given, exchanged or let by the [diocesan board of finance] (otherwise than for such use as aforesaid), to be used for such purposes as appear to the [diocesan board of finance] to be reasonable, or to facilitate such use. . . .
(2) Where rights of way over land adjoining or adjacent to a church to which or a part of which a declaration of redundancy relates were, before the declaration took effect, enjoyed by persons attending the church, and the church or part vests by virtue of this Measure in . . . the diocesan board of finance, the said rights of way shall be enjoyed by [the board], so far as necessary for the performance of its functions and by members of the public for the purpose of visiting the church.
NOTE S.60: words in subss.(1) & (2) omitted, and words in square brackets in subss.(1) & (2) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.39 as am. by Church Act 1992 Sch.4 Part 2 para.17.
61. Removal of legal effects of consecration of buildings and land
(1) Where any consecrated building or part of a building or land is vested in the [diocesan board of finance under section 59 or in pursuance of a redundancy scheme, or is appropriated to a use or uses specified or described in a redundancy scheme or pastoral scheme,] then, unless the scheme otherwise provides,
(a) the building or part of a building or land shall not be subject to the legal effects of consecration; and
(b) in particular, the jurisdiction of any court or person with respect to the granting of faculties shall cease to extend to the building or part of a building or land. . . .
(3) . . . if any building or part of a building or land to which this section applies is subsequently restored to its former use or is appropriated to another use for which consecration would be required, this section shall cease to apply thereto.
NOTE S.61: subs.(1): words in square brackets substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.40 as am. by Church Act 1992 Sch.4 Part 2 para.18; subs.(2) omitted by ibid.; subs.(3): words omitted by Pastoral (Amendment) Measure 1994 s.7.
62. Power to impose and enforce covenants
(1) Without prejudice to any restriction or requirement in a redundancy scheme or a pastoral scheme . . . , the diocesan board of finance may, in exercising their powers under this Part to sell, give, exchange, let or, as the case may be, to let or license any building or land, include in the conveyance, lease or other instrument such covenants imposing conditions and requirements as to the use of the building or land concerned as the . . . board think necessary or expedient to give effect to the provisions of the scheme or otherwise to secure the suitable use of the building or land; and, in a case where the land is sold, given or exchanged, any such covenants shall be enforceable as if the . . . board were the owners of adjacent land and the covenants were expressed to be entered into for the benefit of that adjacent land, and in the case of covenants of a positive character as if they were negative.
(2) Where any such covenant is subsequently varied or released by agreement, any sum of money received by a diocesan board of finance in consideration of the variation or release of a covenant shall be paid to the [board] and section 51(5) shall apply in relation to the sum so paid, and in relation to any sum of money received by the [board] in consideration of the variation or release of any covenant imposed by them, as it applies in relation to the proceeds of any sale or exchange under section 51(2), (3) or (4).
[(3) Section 1 of the Conveyancing Act 1983 (an Act of Tynwald) (which enables the court to discharge or modify restrictions affecting land) shall not apply in relation to conditions and requirements imposed under subsection (1).]
NOTE S.62: words in subs.(1) omitted, and words in square brackets in subs.(2) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.41 as am. by Church Act 1992 Sch.4 Part 2 para.19 and Statute Law Revision Measure 1994 Sch.1 para.6; subs.(3) inserted by Pastoral (Amendment) Measure 1994 s.8.
63. Trusts for the repair etc. of redundant buildings and contents
(1) If and so long as a redundant building or part thereof
(a) is vested in the diocesan board of finance pending the making or in pursuance of a redundancy scheme; or . . .
(c) is vested in . . . the board for a use or uses specified or described in a pastoral scheme or redundancy scheme;
any property of a charity the purposes of which include the repair and maintenance of the building or the provision or maintenance of ornaments or other contents of the building shall continue to be applicable for that purpose:
Provided that
(i) in the case mentioned in paragraph (c), it shall only be so applicable if the scheme so provides;
(ii) the redundant building consists of part of a church or only part of the redundant building is vested as aforesaid, it shall only be so applicable if and to the extent that the scheme so provides.
(2) If and so long as any land annexed or belonging to a redundant building is vested in the diocesan board of finance in pursuance of a redundancy scheme [or a pastoral scheme], then, if that land comprises a churchyard, any property of a charity the purposes of which include the maintenance of the churchyard shall continue to be applicable for that purpose:
Provided that if part only of the churchyard is so vested, the said property shall only be so applicable if and to the extent that the scheme so provides.
(3) Nothing in subsections (1) and (2) shall affect the powers [of the High Court in the exercise of its jurisdiction relating to charities, or of the Attorney General, or of the diocesan board of finance under Schedule 3 to the Church Act 1992 (an Act of Tynwald),] and paragraph 11(6) of Schedule 3 to this Measure shall apply to charities affected by a redundancy scheme as it applies to charities affected by a pastoral scheme or order.
(4) Where the purposes of a charity include the giving of sermons or lectures in any church and, by reason of a declaration of redundancy relating to the church or a part thereof, the sermons or lectures cannot be given in that church, they shall be given in the parish church of the parish in which the first-mentioned church is situated, or in such other church as the bishop may direct in an instrument under seal with the approval of [the Attorney General].
NOTE S.63: words in subs.(1) omitted, and subs.(3) and words in square brackets in subss.(2) & (4) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.42 as am. by Church Act 1992 Sch.4 Part 2 para.20.
64. Disposal of font, communion table and plate, and other contents
(1) Before any church or part of a church is demolished in pursuance of a redundancy scheme or pastoral scheme, or is appropriated to any use specified or described in such a scheme, the body in whom the church is vested shall transfer the font, communion table and plate used for the purpose of Holy Communion to some other church in the area of the benefice in which the first-mentioned church is situated, or, if the font, communion table or plate is not needed for any such other church, to any church or chapel in the diocese directed by the bishop:
Provided that the scheme may make other provision with respect to the font, communion table and plate, and may exclude this subsection where part of the church remains in use as a church.
(2) In a case to which subsection (1) applies, the scheme may also make provision with respect to the disposal of any other contents of the church, not being tombstones, monuments or memorials commemorating deceased persons buried in the church or in any land belonging or annexed thereto.
(3) Where a redundancy scheme or a pastoral scheme [provides for a church or part of a church to vest or] to remain vested in the diocesan board of finance, the scheme may also provide for the vesting in and the care and maintenance by [the board] of any of the contents of the church or provide for the disposal of any of the contents not being such tombstones, monuments or memorials as aforesaid.
(4) No faculty shall be required for anything done in pursuance of this section.
NOTE S.64: words in square brackets in subs.(3) substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.43 as am. by Church Act 1992 Sch.4 Part 2 para.21.
(1) Where any human remains are believed to be buried in or beneath a redundant building or in any land to which a redundancy scheme applies, the body or person in whom the property is vested or to whom it is leased or licensed shall not, subject as hereinafter provided, demolish, sell, lease or otherwise dispose of it or any part of it, or use it or any part of it, or carry out any development of it or any part of it, unless
(a) as respects the human remains, either the [Department] has made an order under subsection (3) in relation to such demolition, use or development or the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 6; and
(b) any tombstones, monuments or memorials commemorating the deceased persons have been disposed of in accordance with those provisions, and (in either case) the other requirements of that Schedule have been complied with in respect thereof.
(2) The requirements of subsection (1) and of Schedule 6 shall not apply
(a) to a redundant building the whole of which is to be used, without any structural alteration, as a place of religious worship for a university, college, school or other institution, or as a private chapel or monument, or for religious worship by a Church other than the Church of England, so long as the whole of it continues to be so used without any structural alteration involving the disturbance of human remains or the removal of any tombstones, monuments or memorials commemorating deceased persons;
(b) to any land which remains annexed or belonging to a redundant building used as aforesaid;
(c) to any land which is to be used as part of a churchyard and is vested under section 59(4) in the person in whom the churchyard or burial ground is vested;
(d) to any land which is to be used as part of a burial ground and has been conveyed to a burial authority constituted by or under an enactment.
(3) Where it appears to the [Department] that the demolition of a redundant building or part thereof, or the intended use or development of any property to which a redundancy scheme applies or any part of such property, will not involve the disturbance of human remains, [the Department may], after consultation with the bishop and the Commonwealth War Graves Commission, by order provide for dispensing with the requirements (so far as they concern human remains) of subsection (1) and Schedule 6 in relation to such demolition of the building or part thereof, or such use or development of the property or part thereof, as may be prescribed by or under the order, subject to such conditions, restrictions and requirements as may be so prescribed, and in relation to any sale, lease or other disposal of the property for the purpose of such use or development as aforesaid.
(4) Any order made under the last foregoing subsection may be amended or revoked by a subsequent order made in like manner and subject to the like conditions, and, if at any time the requirements of subsection (1) and of Schedule 6 are complied with in respect of the property, the order shall cease to have effect. . . .
(6) Where by virtue of any such order, human remains are not removed and reinterred or cremated, the requirements of subsection (1) and of Schedule 6, so far as they relate to the disposal of tombstones, monuments and memorials, shall nonetheless apply.
(7) Where there is situated in any redundant building or part of a redundant building or any land to which a redundancy scheme applies any monument or memorial commemorating a deceased person whose remains are not buried in the building or part thereof or land, the body or person in whom the building or part thereof or land is vested or to whom it is leased or licensed shall not demolish, sell, lease or otherwise dispose of it or use it for any use or carry out any development thereof, unless the monument or memorial has been disposed of in such manner as the bishop after consultation with the diocesan advisory committee for the care of churches has directed, or the bishop has after such consultation dispensed with this requirement.
(8) No faculty shall be required for anything done in pursuance of this section or Schedule 6.
(9) In this section any reference to a redundancy scheme shall include a reference to the provisions of a pastoral scheme providing for the matters referred to in section 30 [or containing a declaration of redundancy].
NOTE S.65: subs.(5) omitted, and words in square brackets in subss.(1), (3) & (9) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.44.
. . . . .
NOTE S.66 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.45.
67. Suspension of presentation for period not exceeding 5 years
(1) Where a benefice is vacant or shortly to become vacant. the bishop may, subject to the following provisions of this Measure, with the consent of the [Commissioners], and after consultation with
(a) the patron of the benefice,
(b) the parochial church council of [each parish and chapelry] concerned, and
(c) both chairmen of the deanery synod of the deanery concerned;
give notice that during such period not exceeding five years as may be specified in the notice (hereafter in this Measure referred to as the "suspension period"), the patron shall not exercise his right of presentation without the consent of the [Commissioners] and (if he is not the patron) of the bishop; and thereupon the said right shall only be exercised in accordance with the notice during the suspension period.
When consulting any person in accordance with this subsection the bishop shall inform him of the reasons why he is considering whether he should exercise the power conferred by this subsection.
(2) The power conferred by the foregoing subsection may be exercised in relation to any benefice at any time within three months before the benefice is due to become vacant or at any time during the vacancy.
(3) Except where any consultation required by subsection (1) takes place at a meeting between the bishop or his representative and the person to be consulted and his representative, that person shall be advised that he may, within twenty-eight days after receiving a request from the bishop for his views about the giving of notice under that subsection, request a meeting with the bishop or his representative, and where such a request is made, the bishop shall convene a meeting which all the persons whom he is required by that subsection to consult shall be invited to attend, either in person or by representatives, for the purpose of enabling those present to consult with the bishop or his representative about the giving of the said notice.
(4) The suspension period shall come to an end before the date on which it would otherwise expire, in any of the following circumstances
(a) if notice is given by the bishop that the necessary consent or consents have been given to the exercise of the patron's rights of presentation;
(b) if notice is given by the bishop with the consent of the [Commissioners] terminating the said period; or
(c) if a pastoral scheme or order provides for the holding of the benefice in plurality with another benefice or other benefices, or a pastoral scheme otherwise affecting the benefice expressly provides for the termination of the said period;
and the termination shall, in the cases mentioned in paragraphs (a) and (b) hereof, take effect on such day, not being less than fourteen days after the date of the notice, as may be specified therein, and, in the cases mentioned in paragraph (c) hereof, shall take effect when the relevant provisions of the pastoral scheme or order come into operation.
(5) The bishop may, before the expiration of a suspension period, by a further notice, given with the same consent and after the same consultation as were required for the original notice given under subsection (1), extend the period for a further period not exceeding five years; and the said power may be exercised from time to time before the expiration of any extension of a suspension period.
(6) A notice given by the bishop under this section shall be given to
(a) the [Commissioners],
(b) the patron of the benefice,
(c) both chairmen of the deanery synod of the deanery concerned,
(d) the churchwardens of the parish or each of the parishes concerned, and
(e) if sequestrators have been appointed under section 68, the sequestrators;
and a copy of the notice shall be filed in the diocesan registry.
(7) The churchwardens to whom any such notice as aforesaid is given shall forthwith cause it to be affixed at or near to the door of a parish church or, if there is no parish church, of the principal place of worship in the parish.
NOTE S.67: words in square brackets in subs.(1)(b) substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.46. See also general note on p.1.
68. Sequestration of profits etc. during suspension period
(1) Where the bishop has declared a suspension period in respect of any benefice under section 67, he shall during that period sequester the profits of the benefice, and in appointing the sequestrators shall ensure that one of the persons appointed is specially qualified by training or by experience to discharge efficiently the duties of the office.
(2) The sequestrators appointed under this section in respect of any benefice shall, subject to and in accordance with the directions of the bishop, make provision for the performance during the suspension period of the ecclesiastical duties of the benefice, and before giving any such directions the bishop shall consult the parochial church council of [each parish and chapelry] concerned and, so far as reasonably practicable, the patron of the benefice.
(3) Where the bishop proposes to appoint a priest in charge for any benefice to which a suspension period applies, he shall before making the appointment consult the parochial church council of each [parish and chapelry] concerned and, so far as reasonably practicable, the patron of the benefice.
(4) Where the bishop appoints a priest in charge for any benefice to which a suspension period applies, the bishop may require the priest to reside in the parsonage house of the benefice.
(5) The provisions of Schedule 7 shall have effect with respect to the management of the benefice property and the application of the profits thereof during any suspension period.
NOTE S.68: words in square brackets in subss.(2) & (3) substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.47.
69. Restrictions on presentation pending the making of pastoral schemes and orders
(1) Where any proposals submitted under section 4(1) or section 14(1) contain recommendations for any of the matters specified in sections 17 and 18 and 20 to 22, and any benefice which would be affected if the recommendations were implemented is vacant on the date on which the patron thereof receives a copy of the proposals under section 4(2) or becomes vacant thereafter, the patron shall not be entitled after that date or after the occurrence of the vacancy, as the case may be, to exercise his right of presentation to the benefice without the consent of the [Commissioners] and (unless the bishop is the patron) of the bishop, until the occurrence of whichever of the following first occurs, namely
(a) the relevant recommendations are implemented by a pastoral scheme or order and come into operation, in which case the right of presentation shall be subject to the provisions of the scheme or order; or
(b) the proposals are withdrawn or the draft scheme or order prepared in pursuance thereof is withdrawn, or the scheme made in pursuance thereof is [withdrawn or approval thereof is refused]; or
(c) the relevant recommendations are omitted from the proposals, draft scheme or order; or
(d) the period of three years from the date aforesaid expires.
(2) Where the bishop has given directions to the [Commissioners] under section 2(1) or has been notified under section 2(2) that the [Commissioners] intend to consider in relation to any benefices, any of the matters specified in sections 17 and 18 and 20 to 22, he may, upon a vacancy or impending vacancy in any of those benefices, . . . also notify
(a) the patron,
(b) the parochial church council, and
(c) both chairmen of the deanery synod of the deanery concerned,
that those matters are being considered, and thereupon the patron shall not be entitled to exercise his rights of presentation to that benefice without such consent or consents as are specified in subsection (1) [and the provisions of section 7 of the Patronage (Benefices) Measure 1986 shall, subject to the modifications made by section 70 of this Measure, apply].
(3) A restriction imposed by subsection (2) shall cease to operate at the expiration of one year from the date of the said notice unless within that period proposals are submitted under section 4(1) or section 14(1) containing recommendations for any of the matters specified as aforesaid, in which case the restriction shall continue until the occurrence of whichever of the following first occurs, that is to say, the several events mentioned in paragraphs (a), (b) and (c) of subsection (1), and the expiration of three years from the date of the said notice.
(4) The fact that restrictions are in force under this section with respect to any benefice shall not be taken as preventing the bishop from exercising his powers under sections 67 and 68 with respect to the benefice, and, if he does so, those sections and Schedule 7 shall apply to the benefice in lieu of this section.
NOTE S.69: words in subs.(2) omitted, and words in square brackets in subs.(2) substituted, by Patronage Measure (Isle of Man) 1997 Sch.2 para.3.
70. Modification of Patronage (Benefices) Measure 1986 where presentation is suspended or restricted
Where the bishop declares a suspension period in respect of any benefice, or any restriction imposed by or under any provision of section 24 or 69 comes into force in respect of any benefice,
(a) save as provided in this section no notice under [section 7 of the Patronage (Benefices) Measure 1986] or a vacancy or impending vacancy in that benefice shall be given during the suspension period or, as the case may be, while the restriction is in force;
(b) any such notice relating to that benefice given before the suspension period began or, as the case may be, the restriction came into force shall be deemed to have been revoked and any act done under that Measure consequent upon that notice shall be of no effect;
(c) that benefice shall be deemed for the purposes of that Measure to become vacant immediately after the day on which the suspension period comes to an end or, as the case may be the day on which the restriction ceases to be in force;
(d) upon the benefice being deemed to become vacant the bishop shall give to the patron and the parochial church council the notice required by [section 7(4)] of that Measure so however that if the suspension period will come to an end as a result of a notice given by the bishop under section 67(4) of this Measure the notice referred to in the foregoing provisions of this section may be given by the bishop at the same time as the notice under section 67(4) and in any other case the notice referred to in the foregoing provisions may be given not more than fourteen days before the suspension period will end or the restriction will cease to be in force as the case may be.
NOTE S.70: words in square brackets substituted by Patronage Measure (Isle of Man) 1997 Sch.2 para.4.
. . . . .
NOTE Ss.71 & 72 omitted by Patronage Measure (Isle of Man) 1997 Sch.2 para.5.
73. Suspension of new rights of patronage
Where any proposals approved under section 4(1) contain recommendations for the creation of a new benefice for a new parish, and any church in the area which is to form the new parish is consecrated after the proposals are approved but before any of the events mentioned in section 69(1) have occurred in relation to those recommendations, no person shall become the patron of that church by virtue of any rule of law or any provision of or instrument under any Act or Measure other than this Measure during the period between the said approval of the recommendations and such one of the said events as first occurs.
74. Priest in charge to replace incumbent as trustee of certain charities during vacancy in benefice etc.
(1) Where any property of a charity established for ecclesiastical purposes of the Church of England is vested in or under the management or control of the incumbent of a benefice (with or without other persons) or a corporation of which the incumbent is a member, and the benefice becomes vacant or the bishop declares a suspension period in respect of the benefice, then, during the period of the vacancy or during the suspension period, as the case may be, the trusts of the charity or the constitution of the corporation shall have effect with the substitution for the incumbent of that benefice of the priest in charge of that benefice.
(2) Any change under subsection (1) shall take effect without any conveyance or other assurance.
(3) The provisions of this section shall not apply to any land or property for which provision is made under section 63.
75. Induction in one parish church
(1) Where, in a case not falling within paragraph 5(2)(a) of Schedule 3, any person is appointed an incumbent of a benefice in the area of which two or more parish churches are situated, the bishop may direct in which parish church the incumbent is to be inducted, and after such induction he shall be deemed to have been inducted in both or all of the parish churches situated in the area of that benefice and to have been admitted to that benefice, and no further fees in respect thereof shall be payable.
(2) Where, in a case not falling within paragraph 5(3)(a) of Schedule 3, any person is appointed an incumbent of benefices which are to be held in plurality, the bishop may direct that the incumbent shall be inducted in such one of the parish churches in the areas of those benefices as he may specify, and after such induction the incumbent shall be deemed to have been inducted in all of the parish churches in the said areas and to have been to each of those benefices, and no further fees in respect thereof shall be payable.
. . . . .
NOTE S.76 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.51.
77. Diocesan pastoral accounts
[(1) The diocesan board of finance shall hold an account to be called the diocesan pastoral account and shall transfer thereto
(a) any moneys which are payable to the said account under any provisions of this Measure or any scheme or order made thereunder;
(b) such other moneys as the [board, with the agreement of the bishop,] accept for payment to the said account, not being moneys for the application or disposal of which provision is made by or under any other enactment.] . . .
(3) [The] diocesan board of finance shall as soon as practicable after the end of each financial year of the board prepare an account of the moneys paid into or out of the diocesan pastoral account during that year and shall include therein a statement of the amount by which the diocesan pastoral account was in debit or credit, as the case may be, at the beginning and end of that year. . . .
NOTE S.77: subss.(2) & (4) omitted, and subs.(5) and words in square brackets in subs.(3) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.52 as am. by Church Act 1992 Sch.4 Part 2 para.22.
78. Payment of expenses from diocesan pastoral accounts, and application of other moneys therein
(1) [Expenses incurred by or on behalf of, or under the authority or direction of, the bishop, the Commissioners or the diocesan board of finance for the purposes of this Measure or any scheme or order made thereunder may be paid out of the moneys standing to the credit of the diocesan pastoral account] so far as those moneys suffice, but such expenses shall not include the salaries or wages of persons in the regular employment of the bishop, any board or committee of the diocese, or the Commissioners, or any part of such salaries or wages.
(2) [The diocesan board of finance may] repay out of the diocesan pastoral account any money expended by . . . the board on any property vested by or under this Measure in . . . the board . . . for the purpose of furthering the disposal or use of the property.
(3) Where [the diocesan board of finance] are satisfied that any moneys standing to the credit of the diocesan pastoral account are not required or likely to be required for meeting the expenses or expenditure referred to in the foregoing subsections, then . . . they shall . . .
(a) apply those moneys by way of grant or loan to the provision, restoration, improvement or repair of churches and parsonage houses in the diocese, including the repair of any redundant building vested in the board pending the making of a redundancy scheme, or to other purposes of the diocese or any benefice or parish in the diocese; or . . .
(c) transfer those moneys to the capital or income account of the diocesan stipends fund. . . . . .
[(5) If at any time there is not a sufficient amount standing to the credit of the diocesan pastoral account to meet any such expenses or expenditure as aforesaid, the Church Commissioners for England may, if they think fit, make an advance out of their general fund to the [diocesan board of finance] towards such expenses or expenditure, and the [diocesan board of finance] shall, at such time or times as the Church Commissioners for England may require, repay the amount of the advance out of the diocesan pastoral account to the Church Commissioners for England for the credit of their general fund.]
NOTE S.78: subs.(5) and words in subss.(1), (2) & (3) omitted, and subs.(4) and words in square brackets in subs.(2) & (3) substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.53 as am. by Church Act 1992 Sch.4 Part 2 para.23.
79. Power of Commissioners to determine boundaries
(1) Where by virtue of this Measure or any scheme or order made thereunder any land is vested in [the diocesan board of finance or an incumbent of a benefice (with or without the churchwardens of a parish)], the Commissioners may determine the boundaries thereof by an instrument under their seal, and such determination shall for all purposes be binding on [the board, any incumbent and any churchwardens], whether as the body or person in whom the land is vested or the body or person from whom it is transferred, but shall bind no other person.
(2) A copy of any such instrument purporting to be certified by an officer of the Commissioners to be a true copy shall be sufficient evidence in any proceedings of the contents of the instrument.
NOTE S.79: words in square brackets in subs.(1) substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.54 as am. by Church Act 1992 Sch.4 Part 2 para.24.
80. Power of Commissioners to determine questions relating to patronage
(1) Where it is necessary for the purposes of this Measure or any scheme or order made thereunder to determine who is the patron of a benefice, and it appears to the Commissioners that
(a) it is doubtful which of two or more persons is entitled to the patronage or to some share therein; or
(b) it is not possible or is not reasonably practicable to find the person believed to be so entitled or determined under this section to be so entitled, or to ascertain what person is so entitled;
the Commissioners may in the first-mentioned case determine the question, and in the mentioned case direct that the [bishop] shall be treated for the said purposes as the person so entitled, and any such determination or direction shall be conclusive for the said purposes.
(2) The provisions of the foregoing subsection with respect to a person who cannot be found shall apply also with respect to a person as to whom the Commissioners are satisfied
(a) that he is outside the United Kingdom [and the Isle of Man] and has not within the United Kingdom [and the Isle of Man] any representative authorised to act for him; and
(b) either that no address at which letters are likely to be delivered to him is known, or that a letter asking him to nominate a such a representative has been written to him at his last known address but no reply has been received within a reasonable period.
(3) If at any time it appears to the Commissioners that the interest of any person in the patronage of a benefice is so small that for the purposes of section 32 or paragraph 1 of Schedule 3 it should be disregarded, they may determine his interest to be negligible and thereupon he may be treated for the said purposes as having no interest in the patronage of the benefice.
NOTE S.80: words in square brackets in subs.(1) substituted, and words in square brackets in subs.(2) inserted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.55.
81. Application to benefices in the patronage of the Crown
(1) . . . . . nothing in this Measure or in any scheme or order made under this Measure shall without the consent, given either generally or in respect of a particular benefice, of Her Majesty . . . apply in relation to any benefice the patronage or any share in the patronage of which is vested in or exercisable by Her Majesty. . . .
(2) Any consent given under the foregoing subsection and, if by virtue of any such consent any provisions of this Measure or any scheme or order made thereunder apply to any such benefice as aforesaid, any consent, approval or other thing required by any such provision, scheme or order to be given or done by or to the patron of the benefice, may be given or done [by or to the Prime Minister].
NOTE S.81: subs.(1): words omitted by Patronage Measure (Isle of Man) 1997 Sch.2 para.7; subs.(2): words in square brackets substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.56 as am. by Church Act 1992 Sch.4 Part 2 para.25.
Where a minor is entitled to the patronage or a share in the patronage of a benefice, any consent, approval or other thing required by this Measure or any scheme or order made thereunder to be given or done by or to the patron of the benefice may be given or done by or to the guardian of the minor.
83. Provisions as to notices and other documents
(1) All notices, consents, directions, determinations and requests required or authorised to be given by this Measure to be served, sent, given, made or obtained shall be in writing.
(2) Any notice or other document required or authorised by this Measure to be served on or sent or given to any person may be served, sent or given by delivering it to him, or by leaving it at his proper address, or by post.
(3) Any such notice or other document required or authorised to be served, sent or given to a corporation or to an unincorporated body having a secretary or clerk or to a firm, shall be duly served, sent or given if it is served on or sent or given to, as the case may be, the secretary or clerk of the corporation or body or a partner of the firm.
(4) For the purposes of this section, and of section 7 of the Interpretation Act 1978, the proper address of the person on or to whom any such notice or other document is required or authorised to be served, sent or given shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, in the case of the secretary or clerk of an unincorporated body or a partner of the firm, be that of the principal office of the body or firm, and, in any other case, be the last known address of the said person:
Provided that, where the person on or to whom the notice or other document is to be served, sent or given, has, in accordance with arrangements agreed, furnished an address in the United Kingdom [or the Isle of Man] for the serving, sending or giving of the notice or other document, his proper address for those purposes shall be that address.
(5) 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, the Commissioners may decide the question and their decision shall be conclusive.
NOTE S.83: words in square brackets in subs.(4) substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.57.
84. Provisions where there is no parochial church council, incumbent etc.
(1) Where at the material time a parish has no parochial church council, the provisions of this Measure with respect to notices, consents and other things required or authorised to be given or done by or to such councils shall have effect, if the parish has churchwardens, as if the churchwardens were the parochial church council, and, if there are no churchwardens, shall have no effect with respect to that parish.
(2) Where at the material time a benefice has no incumbent, or the office of vicar in a team ministry is vacant, the provisions of this Measure with respect to notices, consents and other things required or authorised to be given or done by or to incumbents or vicars in team ministries shall have no effect with respect to that benefice or office.
(3) Where at the material time an archdeaconry has no archdeacon or a deanery has no rural dean, the provisions of this Measure with respect to notices, consents and other required or authorised to be given or done by or to archdeacons or rural deans shall have no effect with respect to that archdeaconry or deanery.
(4) For the purposes of this section a certificate signed by the bishop stating that at any time specified therein a particular benefice, office of vicar in a team ministry, archdeaconry or deanery had no incumbent, vicar, archdeacon or rural dean, as the case may be, or a particular parish had no parochial church council or no churchwardens, shall be conclusive.
85. Pluralities not to be authorised except under Measure
(1) Subject to the provisions of this Measure, no person shall hold benefices in plurality except in pursuance of a pastoral scheme or order.
(2) Subject to the provisions of this Measure, no person shall hold a cathedral preferment with a benefice or with two or more benefices authorised to be held in plurality by a pastoral scheme or order, unless the cathedral statutes so provide or allow.
(3) No person shall hold cathedral preferments in more than one cathedral.
(4) If any person accepts any benefice or cathedral preferment and such acceptance would, but for this subsection, result in his holding offices in contravention of this section, he shall, on his admission to the benefice or preferment, be deemed to vacate the office or offices previously held by him.
(5) In this section
"benefice" includes the office of vicar in a team ministry;
"cathedral preferment" means the office of dean, provost, residentiary canon or stipendiary canon in any cathedral;
"cathedral statutes" includes [an Act of Tynwald] relating to the cathedral;
"office" includes a benefice or cathedral preferment.
NOTE S.85: words in square brackets in subs.(5) substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.58.
86. Meaning of "benefice" and "parish"
(1) In this Measure
"benefice" means the office of rector or vicar of a parish or parishes, with cure of souls, but not including (except in section 85) the office of a vicar in a team ministry;
"the area of a benefice" means the parish or parishes belonging to the benefice;
"parish" means a parish constituted for ecclesiastical purposes . . .
(2) If any question arises under this Measure as to whether an ecclesiastical office is a benefice, or whether any area or place is or is within a parish or the area of a benefice or an 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.
(3) If any question arises whether any benefice or parish is to be treated, for the purposes of any pastoral scheme or order or any provisions of this Measure relating thereto, as a new benefice or parish or as an existing benefice or parish with altered area or boundaries, any provision of the scheme or order expressly stating or necessarily implying (whether by 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.
(4) Nothing in this Measure or in any scheme or order made thereunder shall be taken as applying to or in any way affecting any parish constituted otherwise than for ecclesiastical purposes.
[(5) In relation to a parish which includes a chapelry or part of a chapelry, references in this Measure to the parochial church council of the parish shall be taken as references to the parochial church council of the parish (excluding the chapelry) and the parochial church council of the chapelry.]
NOTE S.86: words in subs.(1) omitted, and subs.(5) inserted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.59 as am. by Church Act 1992 Sch.4 Part 2 para.26.
(1) In this Measure, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say
. . .
"admission" includes institution and induction, collation, licence and any other process by which a person becomes the incumbent of a benefice or (for the purposes of section 85) the holder of a cathedral preferment and "admit" shall be construed accordingly;
["the Attorney General" means Her Majesty's Attorney General for the Isle of Man;]
"the bishop" means the bishop of [Sodor and Man];
["chapelry" has the same meaning as in the Church Representation Rules;] . . .
"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 such part thereof 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 as aforesaid;
["the Commissioners" means the Church Commissioners for the Isle of Man;] . . .
["the Department" means the Department of Local Government and the Environment;]
["the diocesan board of finance" means the Sodor and Man Diocesan Board of Finance;]
"diocesan pastoral account" means, in relation to a diocese, the account referred to in section 77 for that diocese;
["diocesan stipends fund" means the moneys held by the diocesan board of finance for the payment of stipends of the clergy;]
["the diocesan synod" means the Sodor and Man Diocesan Synod;] . . .
"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 moneys payable to the incumbent under Schedule 2 to the Tithe Act 1985 (an Act of Tynwald)], but subject as aforesaid 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;
["the Governor" means the Lieutenant Governor of the Isle of Man, and includes a Deputy Governor and an Acting Governor or Lieutenant Governor;
"the High Court" means Her Majesty's High Court of Justice of the Isle of Man;]
"interested parties" has the meaning assigned by section 3; . . .
"parsonage house" means the house or other dwelling vested in the incumbent of a (when the benefice is full) and being his official residence, and includes any outbuildings or land included in the curtilage of any such house or dwelling and any rights appurtenant thereto; . . .
"pastoral order" means an order made by the bishop under section 8;
"pastoral scheme" means a scheme made by the Commissioners [under Part I];
"patron", in relation to a benefice, means the person or persons for the time being entitled, otherwise than by lapse, to present to the 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) 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;
Provided that, 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 the construction or erection thereof, the acquisition of a site and the provision of necessary fittings, installations, outbuildings, fences, paths and drives, and "provide" shall be construed accordingly;
"redundant building" has the meaning assigned to it by section 28;
"redundancy scheme" has the meaning assigned to it by section 48;
"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 assigned to it by section 67(1).
(2) In this Measure, except where otherwise indicated,
(a) a reference to a numbered section or schedule is a reference to the section of or schedule to this Measure so numbered;
(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;
(c) a reference in a section, subsection or schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or schedule so numbered;
(d) a reference to a particular Part is a reference to that Part of this Measure.
(3) In determining the net proceeds of the sale or exchange of any property by . . . the diocesan board of finance, or the net premium or net rent of any property let by the . . . board, the deductions to be made shall 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 diocesan board of finance] shall be final.
[(3A) In this Measure, unless the context otherwise requires, references to the Sharing of Church Buildings Act 1969, or to any Measure (including this Measure), are to that Act or Measure as it has effect in the Isle of Man.]
(4) Any reference in this Measure to the Church Representation Rules shall be construed as a reference to those Rules [as they have effect in the Isle of Man] and as for the time being amended by any resolution of the General Synod passed in accordance with section 7(1) of the Synodical Government Measure 1969 [and extending to the Isle of Man, and by any resolution of the diocesan synod passed in accordance with section 7(3)(a) of that Measure.]
[(5) Any reference in this Measure to the demolition of a building shall be construed as including a reference to the demolition of part thereof.]
NOTE S.87: words in subss.(1) & (3) omitted, subs.(3A) inserted and words in square brackets in subs.(1), (3) & (4) substituted or inserted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.60 as am. by Church Act 1992 Sch.4 Part 2 para.27; subs.(5) inserted by Church of England (Miscellaneous Provisions) Measure 1995 s.11(d).
88. Saving for planning legislation
Notwithstanding that the development of any land is or may be authorised or regulated or under this Measure, the provisions of the enactments relating to town and country planning, and any restrictions or powers thereby imposed or conferred in relation to land, shall apply and may be exercised accordingly.
. . . . .
NOTE S.89 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.61.
90. Churches etc. affected by Act of Tynwald
(1) Subject to subsection (4), the provisions of this Measure, and in particular those relating to redundant churches, shall apply to
(a) churches affected by any [Act of Tynwald] passed before [the extension of this Measure to the Isle of Man];
(b) land comprising the site of such churches or annexed or belonging to such churches; and
(c) any burial ground which is affected by any such Act and is vested in the incumbent of a benefice [(with or without the churchwardens of a parish)] or is subject to the jurisdiction of the bishop . . . ;
and a scheme made under this Measure may amend or revoke any provision of an Act so passed, if it appears to the Commissioners that the provision of the Act is inconsistent with or rendered unnecessary by the provisions of the scheme or the provisions of this Measure applicable thereto. . . .
(4) If it appears to the Commissioners that a proposed pastoral scheme or redundancy scheme will affect the rights (other than the patronage rights) of any person under any such [Act of Tynwald as is referred to in subsection (1)] they shall, in the case of a pastoral scheme, serve a copy of the draft scheme on that person together with such a notice as is mentioned in section 6(1) and he shall thereafter be deemed to be an interested party in relation to that scheme, and, in the case of a redundancy scheme, they shall serve a copy of the draft scheme on that person under section 50(3).
NOTE S.90: subss.(2) & (3) and words in subs.(1) omitted, and words in square brackets in subss.(1) & (4) substituted or inserted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.62.
. . . . .
NOTE S.91 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.63.
The transitional provisions in Schedule 8 shall have effect.
Subject to the provisions of Schedule 8, the provisions specified in Schedule 9 are hereby repealed to the extent specified in column 3 of that Schedule.
(1) This Measure may be cited as the Pastoral Measure 1983. . . .
NOTE S.94: subss.(2), (3) & (4) omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.64.