. . . . .
NOTE Schedule 1 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.65 as am. by Church Act 1992 Sch.4 Part 2 para.28.
1. Any person who intends to apply for leave to appeal to [the Clerk of the Rolls] under section 9 shall on or before the date specified in the notice served on him under subsection (1) of that section send written notice of his intention to the [Chief Registrar]. The notice shall be sent by registered post or recorded delivery service and a copy thereof shall be sent to the Commissioners by the applicant.
2. Where five or more persons acting jointly duly made written representations with respect to the draft scheme, notice of their intention to apply for leave to appeal under section 9, the application for such leave, and, if such leave is granted, the appeal, shall be given or made, as the case may be, by not more than four of those persons acting on behalf of themselves and the others. . . .
4. Within the period of 28 days beginning with the date on which an applicant for leave to appeal under section 9 [gives a notice under paragraph 1 he shall lodge in the General Registry] his application for such leave, and the application shall —
(a) state the grounds of his appeal including a succinct statement of any reasons why he considers that the scheme in question, or any particular provision thereof, should not have been made;
(b) summarise succinctly and clearly any facts on which, if such leave is granted, he intends to rely in prosecuting his appeal.
There shall be annexed to . . . the application a copy of the scheme and of the Commissioners' statement given to the applicant under section 9(1)(a).
[5. The Clerk of the Rolls shall consider an application for such leave, and if leave is granted, the Chief Registrar shall forthwith register the appeal and notify the applicant and the Commissioners that he has done so.]
6. After receiving notice that leave to appeal has been granted the appellant shall without delay lodge in the [General Registry two copies] of his petition of appeal. The petition shall consist of paragraphs numbered consecutively and shall state succinctly and clearly all such facts as are necessary in order to enable [the Clerk of the Rolls to determine the appeal] in accordance with section 9. There shall be annexed to each copy of the petition a copy of the scheme and of the Commissioners' statement given to the applicant under section 9(1)(a), and any documents in his possession to which the applicant may wish to refer. A copy of the petition and the annexed documents shall within fourteen days of the lodging of the petition be served by the appellant on the Commissioners.
7. The Commissioners shall without delay after receiving the said copy lodge in the [General Registry two copies] of their answer, to each of which there shall be annexed copies of any documents to which the Commissioners may wish to refer, and shall within fourteen days of the lodging of the answer serve a copy thereof and of the annexed documents on the appellant.
8. Except with the leave of the [Clerk of the Rolls], no document shall be introduced in the course of the proceedings on the appeal unless it has been annexed to the petition or to the answer.
9. An appeal shall be set down as soon as the answer has been lodged.
10. A map showing clearly the boundaries of any ecclesiastical area affected by the scheme shall be lodged by the Commissioners before the hearing of the appeal.
11. Where an appellant, having been granted leave to appeal under section 9, fails to lodge his petition of appeal within a period of 3 months beginning with the date on which he received a notification under paragraph 5 or such extended period as [the Clerk of the Rolls may allow, the Clerk of the Rolls may direct that the appeal shall stand dismissed for non-prosecution as from the date of the direction, and a copy of the direction shall be sent by the Chief Registrar to the applicant or his advocate and to the Commissioners].
12. All bills of costs under any order of the [Clerk of the Rolls] on such appeal shall be referred to the Chief Registrar for taxation, and such taxation shall be regulated (so far as the same are applicable) by the rules of the [High Court] for the time being in force.
13. The [Clerk of the Rolls] may give such further directions in matters of practice and procedure affecting applications for leave to appeal, and appeals, under section 9 as [he considers] just and expedient.
NOTE Schedule 2: para.3 and words in para.4 omitted, and para.5 and words in square brackets in paras.1, 4, 6, 7, 8, 11, 12 & 13 substituted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.66.
1. (1) A pastoral scheme establishing a team ministry shall provide for the presentation of the rector of the team ministry, other than the first rector if designated by the scheme, . . . by a patronage board constituted by the scheme. . . .
(2) Sub-paragraph (1) shall not apply in relation to a benefice of which the bishop is the sole patron, but in that case the pastoral scheme establishing a team ministry for that benefice may provide as mentioned in that sub-paragraph, and if the scheme does not so provide, the bishop shall choose the rector, other than the first rector, if designated by the scheme, and shall collate him to the benefice.
(3) [Any] enactment (including this Measure) or rule of law relating to the presentation or collation of incumbents shall apply to any presentation or collation under this paragraph and before the patronage board . . . exercise their right of presentation or the bishop exercises his right of collation thereunder they or he, as the case may be, shall consult the other members of the team.
(4) A patronage board constituted by a pastoral scheme establishing a team ministry shall consist of the bishop, who shall be the chairman, and such other member or members as the scheme may provide: and regard shall be had in making such provision to the interests of persons who previously had patronage rights in the benefice for which the team ministry is established or, if it is a new benefice created by the union of two or more benefices, patronage rights in any of the constituent benefices, but it shall not be necessary, in cases where there are pastoral or practical objections, for those persons or all of them to be members of the patronage board.
(5) Without prejudice to the generality of sub-paragraph (4), such a scheme may provide for empowering the bishop to appoint one or more persons, but not exceeding the number specified in the scheme, to be a member or members of the board for such period as the bishop may specify when making the appointment.
(6) The bishop may authorise [an] assistant bishop or archdeacon of the diocese to act for him at any meeting of the board and exercise his voting rights, and any other member of the board (including any body corporate or unincorporated body of persons) may be represented by a person authorised to act and vote on his or their behalf [being a person who has made the declaration of membership within the meaning of the Patronage (Benefices) Measure 1986].
(7) Subject to paragraph 2(3), a pastoral scheme by which a patronage board is constituted may provide that any member of the board specified in the scheme shall be entitled to such number of votes as may be so specified and that where there is an equal division of votes the bishop, as chairman, shall have a casting vote, but except in so far as the scheme so provides, each member of the board shall be entitled to one vote.
(8) A patronage board constituted by such a scheme as aforesaid shall be a body corporate for the purpose of holding the rights of patronage conferred upon them, and shall have a seal, and shall have power to regulate their own procedure. . . .
(10) The rights to be members of the patronage board . . . shall, except where such rights are vested in a person in right of his office or only for life or a term of years, be transferable inter vivos and on death, but in no case shall such rights be saleable and they shall not be deemed to be rights in land.
(11) Persons having the rights mentioned in the last foregoing sub-paragraph shall furnish to the registrar of the diocese particulars thereof, including particulars of any transfer or devolution of the rights concerned, and if they fail to do so their rights may be disregarded for the purposes of this paragraph (including the next sub-paragraph ).
(12) Where a pastoral scheme terminates a team ministry, the scheme shall, so far as practicable and having regard to pastoral considerations and to the last foregoing sub-paragraph, provide for restoring rights of patronage in respect of the benefice concerned to the persons who would have possessed them if the team ministry had never been established and, if and so far as it is not practicable to make such provision, shall make other provision for the vesting and exercise of rights of patronage in respect thereof.
2. (1) A pastoral scheme establishing a team ministry which provides for the presentation of the rector by a patronage board constituted by the scheme . . . may provide for the vicars in that ministry, other than the first holder of any office of vicar therein, if designated by the scheme, to be chosen by the [board].
(2) Where such a scheme provides as aforesaid, the rector of the team ministry and every vicar therein shall have the right to attend and vote at the meetings of the patronage board . . . at which the person to be appointed a vicar in that ministry is considered and chosen.
(3) Where there are two or more vicars in a team ministry, those vicars shall only be entitled to one vote, which shall be exercised by such one of them or such two or more of them (acting unanimously or by a majority) as may be present at any such meeting.
(4) Where such a scheme does not provide as aforesaid, the vicar or vicars in the team ministry, other than the first holder of any office of vicar therein, if designated by the scheme, shall be chosen by the bishop and rector jointly.
(5) Before the body or other persons who are entitled to choose a person to be vicar in a team ministry make their choice, they shall consult —
(a) the other members of the team;
(b) the parochial church council of every parish belonging to the benefice for the area of which the team ministry was established. . . .
[3. Where a group ministry is established by a pastoral scheme for a group of benefices, the patron of a benefice in the group shall consult the other incumbents and any priests in charge in the group before he makes a request under section 13 of the Patronage (Benefices) Measure 1986 for the approval of the parish representatives (as defined in section 11(7) of that Measure), and (unless the patron is the bishop) of the bishop, to the making to a priest of an offer to present him to the benefice.]
4. (1) Where a pastoral scheme establishes a team ministry, the scheme, or the bishop's licence of any vicar in the team ministry, may assign to any such vicar the duties or a share in the duties of the chairmanship of the annual parochial church meeting and the parochial church council of [each parish and chapelry] in the area of the benefice for which the team ministry is established, and other duties of the minister of the parish under the Church Representation Rules, or a share in such other duties, and the said Rules shall have effect accordingly. . . .
(3) Where a pastoral scheme establishes a team ministry for the area of a benefice which comprises more than one parish, the scheme may make provision, or authorise the bishop by instrument under his hand with the concurrence of the rector to make provision, —
(a) for the establishment of a team council,
(b) for the chairmanship, meetings and procedure of the team council, and
(c) [subject to paragraph 19 of Schedule 3 to the Patronage (Benefices) Measure 1986,] for the functions of the parochial church council of each parish [and chapelry] in the area which must or may be delegated to the team council,
being provisions to the same effect as those which may be made by a scheme under the Church Representation Rules in the like case.
(4) Where a pastoral scheme establishes a group ministry, the scheme may make provision, or authorise the bishop by instrument under his hand with the concurrence of all the members of the group to make provision, —
(a) for the establishment of a group council,
(b) for the chairmanship, meetings and procedure of the group council, and
(c) for the functions of the parochial church council of each parish [and chapelry] in the area for which the group ministry is established which must or may be delegated to the group council,
being provisions to the same effect as those which may be made by a scheme under the Church Representation Rules in the like case.
(5) Any provisions which are included in a pastoral scheme or the bishop's instrument by virtue of sub-paragraph . . . (3) or (4) shall cease to have effect at the expiration of such period as may be specified in the scheme or instrument, as the case may be, being a period which does not exceed five years from the date of the establishment of the team ministry or group ministry to which the pastoral scheme or instrument relates, and that period may not be extended or renewed by a subsequent scheme or instrument of the bishop.
5. (1) Any person who is designated by or selected under a pastoral scheme or order as the incumbent of a benefice shall not be required to be presented to that benefice nor shall the bishop be required to nominate that person as the person to whom he collates the benefice.
(2) Where a pastoral scheme creates a new benefice or establishes a team ministry for the area of a benefice, then —
(a) if the first incumbent of that new benefice or the first rector of that ministry is designated or selected as aforesaid, he shall, unless the bishop otherwise directs, be deemed to have been admitted to that new benefice or to the benefice for the area of which the team ministry is established, as the case may be, and no fees in respect thereof shall be payable;
(b) in any other case section 75(1) shall apply.
(3) Where a pastoral scheme or order provides for the holding in plurality of two or more benefices, then —
(a) if the first incumbent who is to hold all the benefices concerned was immediately before the scheme or order comes into operation the incumbent of any of those benefices, he shall unless the bishop otherwise directs, be deemed to have been admitted to the other benefice or benefices, and no fees in respect thereof shall be payable;
(b) in any other case section 75(2) shall apply. . .
(5) It shall not be necessary, by reason only of the substitution of another church for the parish church by a pastoral scheme or order, for the incumbent of the benefice to be inducted in the new parish church or comply with any other process or form of law.
6. . . .
6A. Where a pastoral scheme creates a new parish, the churchwardens of the parish shall be a body corporate with perpetual succession.] General provisions as to vesting of property
7. (1) Where a pastoral scheme creates a new benefice by a union of benefices, any church, churchyard, burial ground, parsonage house or other property which was previously vested in right of his benefice in the incumbent of any of the constituent benefices, shall vest in the incumbent of the new benefice: Provided that . . . this sub-paragraph shall not apply to any parsonage house for which other provision is made by or under a pastoral scheme. . . .
(2) Where by virtue of a pastoral scheme (other than a scheme to which the foregoing sub-paragraph applies) or a pastoral order any church or churchyard or burial ground previously vested in the incumbent of a benefice becomes situated in a parish belonging to another benefice, the church, churchyard or burial ground, and any movable property used for the purposes thereof and vested as aforesaid, shall vest in the incumbent of that other benefice.
[(2A) Where in a case to which sub-paragraph (1) or (2) applies, the property was previously vested in the incumbent of a benefice jointly with the churchwardens of a parish, it shall vest in accordance with that sub-paragraph in the incumbent of the new benefice or other benefice, as the case may be, jointly with the churchwardens of the parish in which the property is situated.
(2B)If a pastoral scheme contains a statement that any such property as is mentioned in sub-paragraph (1) or (2) was previously vested in the incumbent of a benefice, or in the incumbent of a benefice jointly with the churchwardens of a parish, the statement shall be conclusive evidence of that fact.]
(3) Where any movable property used for the purposes of a church or churchyard is vested in the churchwardens or parochial church council of a parish, and the church or churchyard becomes situated in another parish by virtue of a pastoral scheme or order, the property shall vest in the churchwardens or, as the case may be, the parochial church council of that other parish.
(4) The foregoing provisions of this paragraph shall have effect subject to any express provision of a pastoral scheme or order and, where applicable, to the provisions of paragraph 11 relating to property held on charitable trusts.
(5) Where a pastoral scheme or order provides for the transfer of any property to any person, or any property vests by virtue of this paragraph in any person, that property shall, when the transfer takes effect, vest in that person without any conveyance or other assurance and free and discharged . . . from all previously existing trusts and charges in favour of any benefice, but subject —
(a) to the provisions of the next following sub-paragraph, where applicable,
(b) to all previously existing trusts and charges and any previously existing tenancies, and
(c) in the case of an endowment, to any provision made under section 33(1) for payment or crediting of the income of the endowment to the diocesan stipends fund, unless the scheme or order otherwise provides.
(6) A pastoral scheme or order may with the consent of the incumbrancer provide for the apportionment of any sum charged on property of which only part is transferred by the scheme or order and for securing the sums so apportioned on the respective parts of the property.
8. (1) This paragraph applies to loans made under any Act or Measure, being in each case loans in respect of which principal money or interest is owing to the [diocesan board of finance].
(2) Where a loan has been made in respect of property which is transferred by a pastoral scheme or order to the diocesan board of finance then, unless the scheme or order otherwise provides, the [board] may cause the loan to be discharged immediately out of the diocesan pastoral account or out of the proceeds of any disposal of the property, or may postpone such discharge, with or without payment of interest on the loan during the period of postponement and on such conditions as they may from time to time determine.
(3) The [diocesan board of finance] may, where necessary, determine whether a loan and what part of the loan was made in respect of any particular property, and apportion a loan to parts of the property in respect of which it was made.
9. (1) Where any property is transferred under section 31 by a pastoral scheme or order to the diocesan board of finance for disposal, the board may dispose thereof either as a whole or in parts and at such time or times as they deem right, and their powers shall include powers of sale, letting and exchange of land and power to demolish any building or part thereof so transferred. . . .
(3) Where a pastoral scheme or order provides for the transfer as aforesaid of any property to the diocesan board of finance for disposal, the scheme or order may provide for the application of the net proceeds of disposal (including net premiums and rents) or any part thereof towards the provision, restoration, improvement or repair of a church or place of worship within the meaning of [section 33] or a parsonage house or a house for a vicar in a team ministry or an assistant curate, but, except in so far as the scheme may so provide, the net proceeds shall be paid in the capital account of the diocesan stipends fund or into the diocesan pastoral account, or partly into the one and partly into the other, as the diocesan board of finance may determine or as the scheme may provide.
(4) Notwithstanding the foregoing provisions of this paragraph, the diocesan board of finance may elect to take over and hold as part of their corporate property any property transferred to them as aforesaid for disposal, for such consideration as the Commissioners with the concurrence of the board may determine as representing the fair value of the property, and the amount of the consideration shall be applied, paid or credited as if it were the net proceeds of the disposal of the property.
(5) Where a pastoral scheme or order provides for the transfer of any property as aforesaid to the diocesan board of finance for use for diocesan or parochial purposes —
(a) the transfer shall, unless the scheme otherwise provides, be without consideration, and in that case no consideration shall be payable by a parochial church council in respect of the use thereof for parochial purposes;
(b) the board may appoint the parochial church council as managers or managing trustees of any property to be used for parochial purposes. . .
11. (1) Where any benefice is dissolved by a pastoral scheme, whether in consequence of a union of benefices or otherwise, and 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 that benefice (with or without other persons) or a corporation of which he is a member, the trusts of the charity or the constitution of the corporation shall have effect with the substitution for that incumbent of the incumbent of the new benefice created by the union or (in a case arising otherwise than in consequence of a union) of the incumbent of such benefice as may be specified by order of the [High Court], being a benefice the area of which incorporates part of the area of the dissolved benefice.
(2) Where any parish is dissolved by a pastoral scheme, whether in consequence of a union of parishes or otherwise, and any property of a charity established for the purposes aforesaid is vested in or under the management or control of the churchwardens or parochial church council of that parish (with or without other persons), the trusts of the charity shall have effect with the substitution for those churchwardens or that council of the churchwardens or parochial church council of the parish created by the union or (in a case arising otherwise than in consequence of a union) of such parish as may be specified by order of the [High Court], being a parish the area of which incorporates part of the area of the dissolved parish.
[(2A) Where a chapelry is abolished by a pastoral scheme and any property of a charity established for the purposes aforesaid is vested in or under the management or control of the parochial church council of the chapelry (with or without other persons), the trusts of the charity shall have effect with the substitution for that council of the parochial church council of the parish within which the chapel of the chapelry is situated.]
(3) Where —
(a) any property of a charity established for the purposes aforesaid 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 of a benefice is a member, and
(b) a team ministry is established by a pastoral scheme for an area comprising the whole or a major part of the area of that benefice,
then, if a special cure of souls in respect of a part of the area for which that ministry is established, being a part which consists of the first benefice or a major part thereof is assigned by the scheme or the bishop's licence to a vicar in the team ministry, the trusts of the charity or the constitution of the corporation shall have effect with the substitution for the incumbent of that benefice of that vicar, but, except as aforesaid, those trusts and that constitution shall (where necessary) have effect with the substitution for that incumbent of the rector of the team ministry.
(4) Any change under the foregoing provisions in the vesting of property shall take effect without any conveyance or other assurance.
(5) Where a union of benefices is effected by a pastoral scheme, or the area of a benefice or parish is altered by a pastoral scheme or order, and the purposes of a charity established for the purposes aforesaid are defined by reference to one of the constituent benefices or parishes or, as the case may be, to the benefice or parish affected by the scheme, the trusts of the charity shall (subject to any such scheme as is hereinafter mentioned) have effect with the substitution for that benefice or parish of the benefice or parish created by the union or, as the case may be, of the benefice or parish as altered.
(6) The powers of the [High Court] to make schemes [relating to charities] may, in the case of a charity established for the purposes aforesaid, being a charity whose administration or purposes are affected by a pastoral scheme or order, be exercised on the application of the diocesan board of finance. . . .
(7) Any schemes or orders made [by the High Court, or by the diocesan board of finance under Schedule 3 to the Church Act 1992 (an Act of Tynwald),] for purposes arising in connection with a pastoral scheme or order may be made before the date on which the pastoral scheme or order comes into operation, but not so as to take effect before that date.
(8) Where, by reason of the dissolution of a parish by a pastoral scheme, the parochial church council of that parish ceases to exist then, if and so far as any property vested in, or held on behalf of, that council is not dealt with under the foregoing provisions of this paragraph, the property shall, without any conveyance or other assurance, vest in or be held on behalf of the parochial church council of the parish in which the parish church of the dissolved parish, or the site of that church, is situated, for the like purposes, as nearly as may be, as those for which it was previously applicable in the hands of the first mentioned council. Any question arising as to the application of any such property or the income thereof shall be referred to the bishop of the diocese, whose decision shall be final and conclusive.
(9) Where, as a condition of any benefaction, attendance at or the performance of Divine Service or any other act is required at any church, and that church ceases in consequence of a declaration of redundancy made by a pastoral scheme to be used for Divine Service, and the case is not provided for under the foregoing provisions of this paragraph, the parish church of the parish in which the first mentioned church or the site thereof is situated shall be substituted for the first mentioned church for the purpose of the performance of the required act.
(10) The provisions of this paragraph shall not apply to any fund or property for which provision is made under section 63.
12. . . .
(4) Without prejudice to any general rule of law relating to parochial church councils, the powers, duties and liabilities set out in section 4(1)(ii) of the Parochial Church Councils (Powers) Measure 1956 shall continue to apply to any church which was formerly a parish church and becomes a chapel of ease as the result of a pastoral scheme or order, . . . except so far as the scheme or order otherwise provides.
13. (1) Where a pastoral scheme provides for two or more parishes to be comprised in the area of a single benefice or a pastoral scheme or order provides for two or more benefices to be held in plurality, the scheme or order may make provision, or authorise the bishop by instrument under his hand with the concurrence of the incumbent of the benefice or benefices to make provision, —
(a) for establishing a joint parochial church council for all or some of the parishes of the benefice or benefices;
(b) for the chairmanship, meetings and procedure of that council; and
(c) [subject to paragraph 20 of Schedule 2 to the Patronage (Benefices) Measure 1986,] for the functions of the parochial church council of any such parish which must or may be delegated to the joint parochial church council, being provisions to the same effect as those which may be made by a scheme under the Church Representation Rules in the like case.
(2) Subject to sub-paragraph (4), any provisions which are included in a pastoral scheme or order or the bishop's instrument by virtue of sub-paragraph (1) shall cease to have effect at the expiration of such period as may be specified in the scheme, order or instrument, being a period which does not exceed five years from the date on which the scheme or order came into operation, and that period may not be extended or renewed by a subsequent pastoral scheme, pastoral order of instrument of the bishop. . . .
(4) Where the provisions of a pastoral scheme or order for the holding of benefices in plurality are terminated under section 18(2), any provision of a pastoral scheme or order or the bishop's instrument establishing a joint parochial church council for all or some of the parishes of those benefices and the other provisions thereof affecting that council shall cease to have effect on the date on which the first mentioned provisions cease to have effect.
[14. (1) Where the publication of banns of matrimony has been duly commenced in any church, the publication may be completed either in the same church or in any other church which, by virtue of this Measure, has at the time of completion taken the place of the first-mentioned church for the purpose of publication of banns, either generally or in relation to the parties to the intended marriage.
(2) Where, after completion of the publication of the banns in any church, another church has by virtue of this Measure or anything done thereunder become a church in which banns of matrimony could be published in relation to the parties to the intended marriage, the marriage may be solemnised in that other church.
(3) Where a declaration of redundancy has been made in respect of a chapel, any licence relating to that chapel granted under section 14(1) of the Marriage Act 1984 (an Act of Tynwald) shall be deemed to have been revoked under that section.
(4) Where 2 or more benefices are held in plurality under this Measure, or by virtue of any provision of this Measure or anything done thereunder there are two or more parish churches in the area of a single benefice, the bishop may in writing direct where banns of matrimony of persons entitled to be married in any church of those benefices, or in any church in that area, as the case may be, may be published and where marriages of those persons may be solemnised.
(5) Nothing in sub-paragraph (4) deprives a person of his right to be married in any church in which he would have been entitled to be married if no directions had been given under that sub-paragraph; and a person may be married in a church in which he would have been so entitled notwithstanding that banns of matrimony have by virtue of that sub-paragraph been published only in some other church.
(6) Where after the issue of a common licence for the solemnisation of a marriage in any church, another church has by virtue of any provision of this Measure or anything done thereunder taken the place of that church as a church in which the marriage of the parties ought to be solemnised in pursuance of a common licence, the marriage may be solemnised in that other church.]
15. (1) On a union of parishes by virtue of a pastoral scheme the persons residing within the limits of the parish thereby created shall have the rights and privileges (if any) of parishioners in respect of burials in that parish: Provided that any such parishioner who, before the union took effect, had any rights of burial in a churchyard within the limits of a constituent parish shall, so long as that churchyard remains open for interments, continue to have those rights and shall not become entitled by virtue of the union to rights of burial in any other churchyard.
(2) On the creation, otherwise than by union, of a new parish by a pastoral scheme, the persons residing within the limits of the new parish shall continue to have the same rights and privileges in respect of burials which they enjoyed before the creation of the new parish, but such rights shall cease when they obtain rights of burial as parishioners of the new parish.
(3) Where any persons by virtue of a pastoral scheme or order providing the for alteration of parochial boundaries come to reside within a different parish, they shall have such rights and privileges in respect of burials as are possessed by parishioners of that different parish and not any others.
15A. A pastoral scheme may, with respect to any parish burial ground of a parish affected by the scheme, modify any of the provisions of the Burials Act 1986 (an Act of Tynwald).] . . .
NOTE Schedule 3: modified by Pastoral Measure (Isle of Man) 1990 Sch.1 para.67 as am. by Church Act 1992 Sch.4 Part 2 para.29 as follows: para.1(9) and words in para.1(1), (3) & (10) omitted, and words in para.1(3) substituted; words in para.2(1), (2) & (5) omitted, and word in square brackets in para.2(1) substituted; para.3(3) omitted; para.4(2) & (6) and word in para.4(5) omitted, words in square brackets in para.4(1) substituted and words in square brackets in para.4(4) inserted; para.5(4) omitted; para.6A inserted; words in para.7(1) & (5) omitted, and para.7(2A) & (2B) inserted; words in square brackets in para.8(1), (2) & (3) substituted; para.9(2) omitted, and words in square brackets in para.9(3) substituted; words in para.11(6) omitted, words in square brackets in para.11(1), (2) & (6) substituted and para.11(2A) inserted; para.12(1), (2) & (3) and words in para.12(4) omitted; para.14 substituted; para.15A inserted; para.16 omitted; modified by Patronage Measure (Isle of Man) 1997 Sch.2 para.7 as follows: paras.1(6), 3 & 4(3) modified; para.6 omitted; para.13 modified.
1. The incumbent of a benefice dissolved by a pastoral scheme or deemed to be vacated by virtue of section 25 . . . and the holder of the office of vicar in a team ministry whose office is abolished by or as a result of a pastoral scheme or order, shall be entitled to compensation for any loss suffered by him in consequence of the dissolution or vacation of the benefice . . . or the abolition of the office, as the case may be.
2. Where the incumbent of a benefice for which a team ministry is established is designated or appointed the first rector in the team ministry, but the scheme provides that his office shall be held for a term of years, the incumbent shall, if he is required to vacate his office on the expiration of any term for which it is held, be entitled to compensation for any loss suffered by him in consequence thereof.
3. If the incumbent of a benefice, being a benefice for the area of which a team ministry is established or a benefice dissolved by a pastoral scheme, is designated or chosen as the first holder of any office of vicar in a team ministry, he shall, if he is required to vacate the office on the expiration of any term for which it is held, be entitled to compensation for any loss suffered by him in consequence thereof.
4. If the incumbent of any benefice . . . or a vicar in a team ministry agrees with the [diocesan board of finance] that, if he resigns his benefice . . . or office in order to enable a pastoral scheme or order to come into operation or to facilitate its coming into operation, compensation will be payable for any loss suffered by him in consequence of his resignation, he shall be entitled, on resignation after the [making of the scheme or order], to compensation for any such loss.
5. Without prejudice to the generality of the foregoing provisions, the loss suffered by any such incumbent . . . or vicar as aforesaid shall include loss arising from his ceasing to occupy the parsonage house or other official residence of the incumbent . . . or vicar and any expenses arising from his change of residence.
6. The right to and amount of compensation payable under this Schedule shall be determined in the first instance by the [diocesan board of finance], but the person claiming the compensation (hereinafter called "the claimant") shall have a right of appeal to the Appeal Tribunal constituted under this Schedule. . . .
7. (1) The compensation shall consist of periodical payments or a lump sum payment, or partly of one and partly of the other, and compensation in the form of periodical payments shall not be assignable.
(2) The [diocesan board of finance] may, pending the final determination of a claim for compensation, make payments on account to the claimant.
8. On determining whether any claimant has suffered loss giving a right to compensation and, if so, the amount thereof, the [diocesan board of finance] and the Appeal Tribunal —
(a) shall take into account the emoluments of any ecclesiastical office (including another benefice) to which the claimant has been or is to be appointed, or of any other regular remunerated employment in which he is or is to be engaged; and
(b) if he refuses without good and sufficient reason to accept an ecclesiastical office which in the opinion of the [diocesan board of finance] or Tribunal is reasonably comparable to the benefice or office in respect of which the compensation is claimed,
may take into account the emoluments of the office so refused.
9. If any person who is receiving compensation under this Schedule in the form of periodical payments is appointed to any ecclesiastical office or becomes engaged in any remunerated employment, or refuses any such office as is mentioned in sub-paragraph (b) of the last foregoing paragraph, the [diocesan board of finance] may suspend the periodical payments or reduce the amount thereof, having regard to the emoluments of the office, but the person affected shall have a right of appeal to the Appeal Tribunal.
10. Any person who has been refused compensation under this Schedule or is receiving or has received such compensation may apply to the [diocesan board of finance] for a grant or renewal of such compensation (whether by way of an increase of periodical payments or a lump sum or both), on the ground that circumstances of which account was taken under paragraph 8 or paragraph 9 have materially altered to his disadvantage, and the [diocesan board of finance] may grant or renew such compensation or make such increase thereof on that ground, and an appeal shall lie to the Appeal Tribunal against the refusal of any such application.
11. If any person who is claiming or receiving or has received compensation under this Schedule —
(a) executes a deed of relinquishment under the Clerical Disabilities Act 1870; or
(b) becomes a member of a religious body which is not in communion with the Church of England; or
(c) becomes disqualified under the Ecclesiastical Jurisdiction Measures 1963 and 1974 from holding preferment in the Church of England;
the [diocesan board of finance] may refuse the claim or, as the case may be, may order, subject to a right of appeal to the Appeal Tribunal, that no further payment of compensation shall be made to him under this Schedule.
12. It shall be the duty of every claimant and every applicant under paragraph 10, and every person who is receiving compensation under this Schedule by way of periodical payments, to disclose to the [diocesan board of finance] any ecclesiastical office to which he has been appointed or which has been offered to him, and any other remunerated employment in which he is or is to be engaged, and any such matter as is mentioned in the foregoing paragraph, and if he fails to do so and it appears to the [diocesan board of finance] that in consequence they have made payments which otherwise they would not have made or payments in excess of those which otherwise they would have made, they may, without prejudice to their powers under paragraphs 9 and 11, direct the repayment of the amount of the payments or excess or such part thereof as they think just, and that amount shall be recoverable as a debt due to the diocesan board of finance:
Provided that an appeal shall lie to the Appeal Tribunal against any such direction.
13. (1) Subject as hereinafter provided, where any benefice . . . or office is dissolved, abolished, vacated or resigned in the circumstances mentioned in paragraphs 1 to 4 —
(a) any period thereafter and before his retirement during which he is not in pensionable service within the meaning of the Clergy Pensions Measure 1961 shall be deemed for the purposes of the said Measure and this paragraph to be a period of pensionable service, except that any period after the happening of any of the events mentioned in paragraph 11 and, in the case of a vicar in a team ministry, any period after the date on which his term of office would have ended, shall be excluded;
(b) on attaining the retiring age within the meaning of the said Measure, he shall be deemed to retire for the purposes of the said Measure and this paragraph, unless he is then in actual pensionable service, and, if his total period of pensionable service is less than the qualifying period of such service for the purposes of that Measure, it shall be deemed to be increased to that period;
(c) the [diocesan board of finance] may, if he is deemed to retire as aforesaid and his total period of pensionable service is less than the prescribed period, add to his pension and the pension (if any) of his widow or dependant periodical payments not exceeding the amount necessary to bring the pension up to the amount that it would have been if the total period had been the prescribed period.
In this sub-paragraph "the prescribed period", in relation to a person who is deemed to retire for the purposes of the said Measure and this paragraph, means the minimum period of pensionable service the performance of which by him would entitle him to a pension at the highest rate applicable in his case.
(2) The foregoing provisions of this paragraph shall apply in relation to any lump sum payable in accordance with any rules made under section 3 of the Clergy Pensions (Amendment) Measure 1967 to a person entitled to a pension under the said Measure of 1961 as they apply in relation to a pension thereunder.
(3) The [diocesan board of finance] may, with the agreement of the Church of England Pensions Board and the incumbent or vicar in a team ministry or (if he is dead) his widow or dependant, make such modification of the provisions of this paragraph or substitute such other provisions as may appear to the committee to be more appropriate to the particular circumstances of the case and not less advantageous to the incumbent . . . or vicar or his widow or dependant.
(4) Compensation shall not be payable for any loss which the incumbent . . . or vicar in a team ministry might suffer by reason of the provision in sub-paragraph (1)(b) that on attaining the retiring age within the meaning of the said Measure of 1961 he is deemed to retire for the purposes of that Measure and this paragraph, and, except as provided by sub-paragraph (1)(c), compensation shall cease to be payable when he attains that age.
(5) In determining the amount of the compensation, if any, to which the incumbent . . . or vicar in a team ministry is entitled under this Schedule in respect of any period before he retires or is deemed to retire for the purposes of the said Measure of 1961 and this paragraph, any benefit which may accrue to him by virtue of sub-paragraph (1) shall be disregarded.
(6) Any reference in this paragraph to the said Measure of 1961 shall be construed as a reference to that Measure as amended by any regulations approved under section 6 of the Clergy Pensions (Amendment) Measure 1972.
14. (1) The functions of the [diocesan board of finance] under this Schedule shall not be delegated to a [committee].
(2) At any meeting of the [diocesan board of finance] at which a determination or decision under this Schedule is made or at which the person affected by such a determination or decision is interviewed, the members present shall include [the bishop].
[15. (1) For the purposes of this Schedule there shall be an Appeal Tribunal, which shall be constituted as follows —
(a) the Vicar General of the diocese shall be the chairman;
(b) a panel of 5 persons shall be appointed by the house of clergy of the diocesan synod from among the members of that house in such manner as that house may determine, and 2 persons from the panel shall be nominated by the Vicar General for each appeal;
(c) a panel of 5 persons shall be appointed by the house of laity of the diocesan synod from among the members of that house in such manner as that house may determine, and 2 persons from the panel shall be nominated by the Vicar General for each appeal.
(2) Subject to sub-paragraph (3), the persons appointed by the house of clergy and the house of laity shall be appointed for the term of 3 years during which the parochial representatives of the laity in the house of laity hold office under the Church Representation Rules, and on a casual vacancy another member of the house concerned shall be appointed in his place, in such manner as the house concerned may determine, for the remainder of that term.
(3) The persons so appointed shall, at the end of that term, continue to hold their appointments until the next following sitting of the diocesan synod, and any such person who has heard the whole or part of an appeal may continue as a member of the Appeal Tribunal until the determination thereof.
(4) The Vicar General shall, as occasion may require, appoint a secretary to the Appeal Tribunal.
(5) The expenses of the Appeal Tribunal in connection with an appeal shall be paid out of money standing to the credit of the diocesan pastoral account.]
16. (1) The [standing committee of the diocesan synod] may make rules prescribing the procedure to be followed in claiming and determining rights to and amounts of compensation under this Schedule, and in altering, terminating or suspending payments of compensation, [and also (except so far as it is regulated by rules made under [the Church of England (Legal Aid) Measure 1994]) the procedure in proceedings] before the Appeal Tribunal and in any other proceedings under this Schedule; [and any such rules may apply any rules made under this paragraph as it has effect in England, subject to such exceptions, adaptations and modifications as may be therein specified].
(2) Rules made in pursuance of this paragraph shall be laid before the [diocesan synod], and shall not come into operation unless and until they have been approved by the [diocesan synod] . . .
18. Payments of compensation under this Schedule shall be made by the diocesan board of finance and charged either on the capital or the income account of the diocesan stipends fund, as may be [determined by] the diocesan board of finance.
NOTE Schedule 4: modified by Pastoral Measure (Isle of Man) 1990 Sch.1 para.68 as am. by Church Act 1992 Sch.4 Part 2 para.30 as follows: references to diocesan board of finance substituted for references to pastoral committee; para.1: words omitted; para.4: words omitted and words in square brackets substituted; paras.5, 6 and 13: words omitted; para.14: words in square brackets substituted; para.15 substituted; para.16: words omitted and words from "and any such rules" onwards in sub-para.(1) and words in sub-para.(2) (in square brackets) substituted; para.18: words in square brackets substituted; amended by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 Schs.2 & 3 as follows: in para.16, words from "and also" to "in proceedings" in square brackets in sub-para.(1) substituted (but words in inner square brackets substituted by Church of England (Legal Aid) Measure 1994 Sch.2 para.2); para.17 repealed.
Rules under para.16: the Compensation of Clergy Rules 1970 (SI 1970/1009) are applied to the Isle of Man with modifications by the Compensation of Clergy Rules (Isle of Man) 1991 (GC 129/91).
. . . . .
NOTE Schedule 5 omitted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.69.
1. The body or person in whom the building, part of a building or land in question or to whom it is leased or licensed (hereinafter referred to as "the landowner") shall, before removing any human remains or any tombstones, monuments or memorials commemorating the deceased persons —
(a) publish in a newspaper [published and circulating in the Isle of Man] a notice of intention to do so at least one during each of two successive weeks; and
(b) display a like notice in a conspicuous place where the remains are interred; and
(c) serve a like notice on the bishop and on the Commonwealth War Graves Commission (hereinafter referred to as "the Commission"); and
(d) if the remains were interred within twenty-five years before the date of the first publication of the notice, serve a like notice on the personal representatives or next of kin (or, in the event of their being untraceable, any known relative) of the deceased person.
2. Any notice required to be published and served as aforesaid shall contain —
(a) the address at which particulars of the deceased persons and of any tombstones, monuments or other memorials commemorating them may be inspected;
(b) the name of the burial ground or crematorium where it is proposed to reinter or cremate such remains and the manner in which it is proposed to dispose of such tombstones, monuments or other memorials;
(c) a statement as to the right of the personal representatives or relatives of any deceased person or, in relation to any commonwealth war burial, the Commission on notice in writing given within a specified time themselves to undertake the removal and reinterment or cremation of the remains of the deceased, and the disposal of any tombstone, monument or other memorial commemorating the deceased within two months from the date of the notice;
(d) a statement of any directions given by the [Department] with respect to the removal and reinterment or cremation of human remains, and of any requirements imposed by the bishop with respect to the manner of removal, the place and manner of reinterment and the disposal of tombstones, monuments or other memorials;
(e) a statement as to the extent to which the landowner is required by this Schedule to defray the expenses of such removal and reinterment or cremation or disposal.
3. (1) The personal representatives or relatives of any deceased person whose remains are interred in the land or, in the case of a commonwealth war burial, the Commission may, on giving the required notice, themselves remove and reinter any such remains or cremate them in any crematorium and may dispose of any tombstone, monument or other memorial commemorating the deceased, and the landowner shall defray the [reasonable cost of such removal and reinterment or cremation or disposal; and if any question arises as to what is a reasonable sum for that purpose the decision of the Commissioners shall be final].
(2) If the removal and reinterment or cremation or disposal, as the case may be, has not been carried out by the personal representatives or relatives or the Commission in accordance with the provisions of this Schedule within two months from the date of the required notice, the landowner may carry out the removal and reinterment or cremation or disposal as if the required notice had not been given.
4. Any human remains interred in the building or land which have not been removed and reinterred or cremated by the personal representatives or relatives or the Commission within the said two months shall, on removal by the landowner, be reinterred in such land as may be indicated as being reasonably available for the purpose by the bishop, and failing any such land being so indicated, shall be reinterred in any cemetery or burial ground or shall be cremated in any crematorium.
5. Any tombstone, monument or other memorial commemorating any deceased person whose remains are reinterred or cremated in accordance with the provisions of the last preceding paragraph may, where reasonably practicable, be removed and re-erected by the landowner over the grave in the burial ground where the remains are reinterred or on some other appropriate site.
6. Any tombstone, monument or other memorial not disposed of in accordance with paragraph 3 or 5 may with the agreement of the bishop given after consultation with the diocesan advisory committee for the care of churches be allowed to remain where it is or be removed and re-erected in such place in the building or land as the bishop may direct.
7. The removal of all human remains shall be effected, and the remains reinterred or cremated, in accordance with the directions of the [Department].
8. Upon any removal of remains a certificate of removal and reinterment or cremation shall be sent to the [Chief Registrar] by the landowner giving the dates of removal and reinterment or cremation respectively and identifying the place from which the remains were removed and the place in which they were reinterred or cremated showing the particulars of each removal separately. . . .
9. Any tombstone, monument or other memorial not disposed of in accordance with this Schedule shall be offered by the landowner to the bishop for disposal as he thinks fit, and the bishop shall consult the diocesan advisory committee for the care of churches with respect to such disposal and if the tombstone, monument or other memorial is not accepted by the bishop for preservation it shall be broken and defaced before being otherwise disposed of.
10. Where any tombstone, monument or other memorial is removed from the land, the landowner shall within two months from the date of removal [send to the Chief Registrar for filing in the General Registry, and also file in the diocesan registry], a record of the removal with sufficient particulars to identify the memorial (including a copy of any inscription thereon) and showing the date and manner of its removal and disposal and the place (if any) to which it is transferred. . . .
11. The requirements of this Schedule shall be in addition to such reasonable conditions if any as may be imposed in the case of consecrated ground by the bishop with respect to the manner of removal and the place and manner of reinterment or cremation of any human remains and the disposal of any tombstones, monuments or other memorials, and such conditions shall be complied with as if they formed part of this Schedule.
12. In this Schedule "commonwealth war burial" means a burial of any member of the forces of His Majesty fallen in the war of 1914-1921 or in the war of 1939-1947.
NOTE Schedule 6: words in paras.8 & 10 omitted, and words in square brackets in paras.1, 2, 7 and 10 substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.69 as am. by Church Act 1992 Sch.4 Part 2 para.31; words in square brackets in para.3(1) substituted by Church of England (Miscellaneous Provisions) Measure 1992 Sch.3 para.24.
1. Sequestrators appointed under section 68 (hereinafter referred to as "the sequestrators") in addition to exercising any powers vested in them . . . by the general law relating to sequestrations, may, with the consent of the bishop, exercise in relation to any property of the benefice any other power which an incumbent would have if the benefice were full, not being a power which by the provisions of any Act or Measure is exercisable during a vacancy by the bishop or the [diocesan board of finance].
2. (1) Notwithstanding anything to the contrary contained in any Act or Measure, the sequestrators shall, subject to the provisions of sub-paragraph (2), apply the income of the benefice accruing during the vacancy —
(a) in payment to the bishop of all expenses incurred by him under sections 67 and 68;
(b) in payment of all expenses properly incurred in the collection of the income of the benefice;
(c) in payment of all expenses incurred in making provision for the performance of the ecclesiastical duties of the benefice, including that of accommodation;
(d) in payment of all expenses properly incurred in the exercise of the powers or the performance of the duties by law belonging to sequestrators or conferred or imposed on them . . . by this Measure, including the payment of any sequestrator who is professionally qualified his proper professional charges for work undertaken by him;
(e) in payment of the stipend and expenses of accommodation of an assistant curate.
(2) During the course of the suspension period the sequestrators may, with the consent of the bishop, and shall, on the direction of the bishop, pay part of the balance in their hands to the [diocesan board of finance].
(3) At the close of the sequestration the sequestrators shall pay the balance in their hands, as certified by the bishop or some person duly authorised by him, to the [diocesan board of finance].
3. Moneys received by the [diocesan board of finance] from the sequestrators under paragraph 2(2) or (3) shall be allocated to the income account of the diocesan stipends fund.
4. Where a suspension period immediately follows a period during which a benefice has been vacant any sequestrators appointed during that vacancy shall, subject to the discharge of all their liabilities, pay any balance in their hands at the close of that sequestration to the sequestrators appointed under section 68 and the foregoing provisions of this Schedule shall apply to any money so received as if it were income of the benefice accruing during the sequestration of those latter sequestrators.
5. The sequestrators shall annually at such date as the bishop may direct and as soon as possible after the close of the sequestration render to the bishop duly audited income and expenditure accounts and shall furnish such information with respect thereto as the bishop may require.
6. Where, on the termination of a suspension period in respect of any benefice, there immediately follows a further period in which the profits of the benefice are sequestrated, the suspension period shall, for the purposes of this Schedule, be deemed to extend to and include that further period.
NOTE Schedule 7: references to diocesan board of finance substituted for references to Commissioners, and words in paras.1 & 2 omitted, by Pastoral Measure (Isle of Man) 1990 Sch.1 para.71 as am. by Church Act 1992 Sch.4 Part 2 para.31.
1. (1) Every parochial district constituted for ecclesiastical purposes immediately before the appointed day, if it is not already a parish with full parochial status, shall on the appointed day become such a parish, and the minister or vicar of the district shall become the vicar of the parish without any further process or form of law.
(2) Part II of, and Schedule 3 to, this Measure shall apply with any necessary modifications to districts which become parishes with full parochial status under sub-paragraph (1) above, and to the benefices to which they belong, as they apply to parishes and benefices created by a pastoral scheme.
Provided that the existing rights of patronage in respect of the district shall continue in respect of the parish.
2. On the appointed day the churchwardens of every parish (including a parochial district becoming a parish by virtue of paragraph 1 above), shall become a body corporate with perpetual succession, if they are not already such a body.
3. Where any scheme or order is pending at the appointed day under any provisions repealed by this Measure, being a scheme required to be approved by the Ecclesiastical Committee of Tynwald or an order under section 12 of the Church Act 1960 (an Act of Tynwald), the repealed provision shall continue to apply for the purpose of completing the proceedings on the scheme or order.
4. Any such scheme or order made before the appointed day or under paragraph 3 shall continue to have effect (so far as it is not revoked or spent) notwithstanding the repeal of the said provisions, and this Measure shall apply, subject to such modifications as may be necessary, to any such scheme or order as if it were a pastoral scheme or a pastoral order, as the case may be.
5. Where any such scheme is not in operation at the appointed day because its operation is dependent on the occurrence of a vacancy or vacancies in any benefice or benefices, and the incumbent of the benefice or any of the benefices concerned agrees with the [Commissioners] that, if he resigns the benefice, compensation will be payable to him for any loss suffered in consequence, he shall be entitled on resignation to compensation under Schedule 4 to this Measure for any such loss, and that Schedule shall apply accordingly.
6. Where under the Church (Suspension of Presentation) Act 1980 (an Act of Tynwald), a suspension period is in operation at the appointed day, the suspension period shall have effect as if the notice (or last such notice) given under section 1 of that Act had been given under section 67 of this Measure.
7. Any licence, direction, designation, consent, notice or other thing given or done under the provisions repealed as aforesaid shall, so far as it is applicable for the purposes of this Measure or otherwise, continue to have effect notwithstanding the repeal.
8. If at the appointed day proceedings are in course of being carried out under the provisions repealed as aforesaid for the removal of human remains from any church or land annexed or belonging thereto, the proceedings may be completed in accordance with those provisions and shall have effect as if they had been completed before the said repeal.
9. (1) The application of any provisions of this Measure to any scheme or order made under the provisions repealed by this Measure, whether before or after the appointed day or under paragraph 3 above, shall have effect subject to any express provision of the scheme or order.
(2) If any difficulty or question arises as to such application or as to the effect of anything given or done under the said provisions, it shall be determined by directions of the Commissioners given under their seal.
10. Any right of patronage created under any of the repealed provisions shall continue to be incapable of sale and any transfer thereof for valuable consideration shall be void.
11. In this Schedule "the appointed day" means the day on which this Measure is extended to the Isle of Man.]
NOTE Schedule 8 substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.72. Para.11: "the appointed day" was the 1st January 1991 (see general note above).
. . . . .
NOTE Schedule 9, substituted by Pastoral Measure (Isle of Man) 1990 Sch.1 para.73, repealed the Government Chaplaincies Act 1921, the Douglas Parishes Act 1957 in the Church (Suspension of Presentation) Act 1980 and the Church Act 1880 ss.10-30, 36 and 29, Church Act 1895 s.27, Church Acts Amendment Act 1911 ss.4-6, Church Act 1938 s.4, Church Act 1960 ss.10-13, Church Act 1983 Sch.1 paras.2, 3 & 5, Marriage Act 1984 s.6(5), Castletown Church Act 1984 ss.2(5) & 6(1) & Sch.3, Sharing of Church Buildings Act 1986 Sch.1 paras.1(2) & (4), 4, 5(2)(b) & 6 and Church Act 1987 Sch.1 paras.2(2), 5-7, 13(10(a) & (2), 16(1), (2) & (4) & 17.