1. The Patronage (Benefices) Measure 1986
On 1st January 1998 the Patronage (Benefices) Measure 1986 came into force in the Isle of Man. It introduces new procedures for co-operation between the Bishop, the patron and the parochial church council on the selection of an incumbent to fill a vacant benefice. These notes are to summarise the effect of the Measure, for the information of parochial church councils. The text of the Measure, as modified by the Patronage Measure (Isle of Man) 1997 (SD 637/97), may be viewed here.
2. Patronage
The right to present an incumbent to a benefice belongs to the "patron". In the Isle of Man all livings are in the gift of either the Crown or the Bishop (or of both by turns), with two exceptions. A list of the benefices and their patrons may be viewed here. Special rules apply to benefices in the gift of the Crown, which are summarised in Part C below. Where the patron is a body, or is an individual who is not in Holy Orders or an actual communicant, it or he is to appoint a representative to act under the Measure.
3. Benefices with more than one PCC
A benefice may have more than one PCC, where its area comprises 2 or more parishes, or where a parish has more than one PCC, or where 2 or more benefices are held in plurality. Special rules apply in those cases, and are summarised below. However, if a joint PCC has been established for 2 or more parishes, the joint PCC will represent those parishes in place of the individual PCCs.
4. First steps on a vacancy
When a vacancy arises in a benefice, the Bishop will first notify the Diocesan Registrar, who is responsible for co-ordinating the procedures for consultation under the Measure. The Registrar will then notify the secretary of the PCC and the patron. (In some circumstances however the Bishop may decide instead to "suspend the presentation" for up to 5 years, pending action by the Church Commissioners for the Isle of Man under the Pastoral Measure 1983. In that case the PCC will be notified of his decision and will be consulted by the Commissioners on their proposals.)
5. Meeting of the PCC
The PCC is required, within 4 weeks of the notification by the Registrar, to hold a meeting to deal with the following matters. The secretary is responsible for convening the meeting, and the usual notice must be given (notice to be posted near the door of every church in the parish at least 10 days before the meeting, and at least 7 days' notice to be given to each member). The outgoing incumbent, his spouse, the patron and the appointed representative of the patron are not entitled to attend the meeting. The duties of the PCC are:
The statement under (a), and the names of the PCC's representatives, are to be sent to the Bishop and to the patron as soon as possible after the meeting. If no statement is sent, the PCC's representatives have no right to oppose an offer of the living (see 8 below). Where the benefice has more than one PCC, the PCCs are to hold a joint meeting, convened by the secretaries. They may decide to make a joint statement ((a) above), or each make a separate statement.
6. Lay representatives of the PCC
The representatives of the PCC (see 5(b) above) play an important part in the procedure under the Measure, and they must be carefully chosen. If the PCC fails to appoint them, the churchwardens are to act as representatives; if there are more than 2 churchwardens, they are to choose 2 of their number to act. The spouse of the outgoing incumbent, the patron, his appointed representative, or a deaconess or lay worker licensed to the parish, may not be appointed. If a representative ceases to be a member of the PCC, his appointment is revoked and the PCC is to appoint a new representative in his place, unless it decides that he should continue. A representative who dies or is unable to act is to be replaced. A joint meeting of 2 or more PCCs is to appoint at least 4 representatives, so that each PCC has at least one, and not more than 2, representatives. If it fails to do so, the churchwardens of all the parishes are to appoint not more than 5 of their number as representatives.
7. Meeting of PCC with Bishop and patron
Either the Bishop, the patron or the PCC (see 5(d)) may request a joint meeting to exchange views on the PCC's statement and any statement made by the Bishop (see 5(a) and (e)). This is to be called by the secretary of the PCC, and is to take place within 6 weeks of a request by the Bishop or patron or a resolution by the PCC to request a meeting; at least 14 days' notice of the meeting is to be given. If no meeting is called, the PCC's representatives have no right to oppose an offer of the living (see 8 below). Where there are 2 or more PCCs, the meeting is to be a joint meeting of all the PCCs with the Bishop and the patron, called by the PCC secretaries. If the Bishop or the patron cannot attend, he must appoint a representative to attend in his place. The outgoing incumbent and his spouse may not attend the meeting, but the rural dean and the lay chairman of the deanery synod are to be invited to attend. The chairman of the meeting is to be chosen by those present. A quorum consists of the Bishop and the patron (or their representatives) and one-third of the membership of the PCC or PCCs.
8. Approval of appointment
The patron may not make an offer to a priest to present him to the benefice unless two conditions are fulfilled:
The Bishop has 4 weeks to reject a request to approve an offer, and any of the parish representatives has 2 weeks to do so (but see 5 & 7 above); if no rejection is notified within the time allowed, the offer is deemed to have been approved. The patron may appeal to the Archbishop against any rejection (except where the PCC has resolved not to accept a woman priest as incumbent and the rejection is on that ground).
9. Notice of institution
This Bishop is required to give the secretary of the PCC 3 weeks' notice of his intention to institute a priest to a benefice. The secretary is to post a copy of the notice near the main door of every church in the parish.
10. The procedures in Part B do not normally apply in the case of a living in the gift of the Crown. However, the Bishop is required to notify the Diocesan Registrar of a vacancy, and he is in turn notify the Crown and the PCC. The PCC may prepare a statement describing the conditions, needs and traditions of the parish and send it to the Crown and the Bishop. The Bishop will carry out informal consultations with the PCC before advising the Crown on the selection of an incumbent.
For further details of the procedure for Crown livings, see the Appendix below.
11. Where the right to present belongs to the Crown and the Bishop by turns, and it is the Bishop's turn to present, the procedures in Part B apply as if it were not a Crown living.
Further guidance on the operation of the Patronage (Benefices) Measure 1986 may be obtained from the Diocesan Registrar, whose address is:—
Sodor and Man Diocesan Registry
30 Arbory Street
Castletown
Isle of Man IM9 1LJ+44 (0)1624 824665
castletown@manx.net
Revised Jan 2010
Memorandum issued by Chief Secretary's Office 2003
Scope
1. The following procedure applies on a vacancy in a benefice in the Isle of Man —
A vacancy may arise on the death or resignation of the incumbent. An incumbent resigns by tendering his written resignation to the Bishop in the prescribed form(3).
2. The procedure does not apply(4) where the presentation to the benefice is restricted under a pastoral scheme or proposed pastoral scheme(4) or has been suspended by the Bishop(6). Note that no action may be taken under the Pastoral Measure affecting a benefice whose patronage, or any share in whose patronage, is vested in the Crown without the prior consent of Her Majesty(7).
3. Any reference in this document to a Measure is to the Measure as it has effect in the Isle of Man.
Notification of vacancy
4. The Bishop is required to notify the Diocesan Registrar of any vacancy or impending vacancy, and the Registrar is thereupon to notify -
The Crown is to be notified by letter addressed to –
The Chief Secretary
Government Office
Douglas
Isle of Man IM1 3PN
The Chief Secretary will inform the Lieutenant Governor and the Department for Constitutional Affairs.
5. Where the See is vacant or the Bishop is unable to act, the responsibility for notifying the Diocesan Registrar falls on the person in episcopal orders to whom his functions under the Patronage (Benefices) Measure 1986 are delegated(9).
Consultations on appointment
6. The procedure under sections 8 to 20 of the Patronage (Benefices) Measure 1986 does not apply. Instead, the parochial church council may send to the Crown a statement describing the conditions, needs and traditions of the parish (including the terms of any resolution under section 3(1) of the Priests (Ordination of Women) Measure 1993 affecting the benefice)(10). Such a statement is to be sent to the Chief Secretary at the address above, and a copy is to be sent to the Bishop.
Selection and nomination of candidate
7. The selection of a suitable candidate for presentation to a Crown living is normally undertaken by the Bishop (or by the Archdeacon, where the See is vacant), in consultation with the churchwardens of the parish concerned, and with due regard to any statement made by the parochial church council (see above). The expenses of advertising the vacancy, and reasonable travelling expenses of persons selected for interview, will be met by the Chief Secretary's Office.
8. When a suitable candidate has been chosen, the Bishop (or Archdeacon) should send his details to the Lieutenant Governor, through the Chief Secretary. If the Lieutenant Governor approves, he will recommend his appointment, and the Chief Secretary is to send the recommendation, with the details of the candidate and a copy of any statement made by the parochial church council, to the Department for Constitutional Affairs, in order that Her Majesty may be recommended to present him to the benefice.
Chief Secretary's Office
Isle of Man
September 2003
Notes:
1. Andreas, Arbory, Ballaugh, Bride, Lezayre, Lonan, Malew, Marown, Maughold, Michael, Onchan, Rushen, Santan.
2. St Olave's North Ramsey, St Paul's Foxdale.
3. See Church of England (Miscellaneous Provisions) Measure 1992 Sch.2.
4. Pastoral Measure 1983 s.70.
8. Patronage (Benefices) Measure 1986 s.7.
9. See Church of England (Miscellaneous Provisions) Measure 1983 s.8.