(2) Subject to the provisions of this section, a right of patronage vested in an ecclesiastical corporation shall not be transferred to any body or person unless -
(a) the consent of the bishop or, if the bishop is the proposed transferor, the consent of the archbishop has been obtained; or(3) Where a right of patronage of a benefice is proposed to be transferred otherwise than by a pastoral scheme or order, the proposed transferor shall send to the bishop (or, if the bishop is the proposed transferor, to the archbishop) and to the registrar of the diocese a notice stating -
(b) the transfer is made by a pastoral scheme or order.
(a) his intention to transfer that right;(4) On receiving a notice under subsection (3) above, the registrar shall send to the secretary of the parochial church council of the parish concerned a notice informing him of the proposed transfer and stating that before the expiration of the period of one month beginning with the date on which the notice is sent to him representations with respect to the proposed transfer may be made to the registrar by the parochial church council; and the registrar shall notify the bishop and the proposed transferor, or, if the bishop is the proposed transferor, the bishop and the archbishop, of any representations made to him within that period.
(b) the name and address of the proposed transferee; and
(c) particulars of the terms of the proposed transfer.
(5) After the expiration of the period of one month mentioned in subsection (4) above, the bishop or, if the bishop is the proposed transferor, the archbishop shall consider any representations made under that subsection and, whether or not any such representations have been made, the bishop or archbishop may request the proposed transferor (either personally or through some person appointed by the proposed transferor) to confer with him (or with some person appointed by the bishop or, as the case may be, the archbishop) as to the proposed transfer; and the bishop or, as the case may be, the archbishop shall not give any consent required under this section until after any such representations have been considered and any such request has been complied with.
(6) Any transfer of a right of patronage otherwise than by a pastoral scheme or order shall be in the prescribed form.
(8) No transfer of a right of patronage of a benefice shall take effect during the period of a vacancy in that benefice.
(9) In this section "transfer" means a transfer inter vivos including a transfer by way of exchange; but it does not include a transfer by operation of law, a transfer upon the appointment of a new trustee or a transfer by the personal representatives of a deceased person.
(2) Where a patron of a benefice dies then, until the right of patronage is transferred to the person entitled thereto, the personal representatives of the deceased patron shall, subject to the provisions of Part II of this Measure, be entitled to discharge all the functions of a patron of than benefice.
(3) The patron of a benefice may by an instrument creating a power of attorney confer on the donee of the power authority to discharge on his behalf all the functions of a patron of that benefice, and where such a power is created the donee shall, subject to the provisions of Part II of this Measure, be entitled to discharge those functions until the power is revoked.
(2) Subject to section 70 of the Pastoral Measure 1983, where the bishop is aware that a benefice is shortly to become vacant by reason of resignation or cession, the bishop shall give such notice of that fact as he considers reasonable in all the circumstances to the registrar of the diocese.
(4) As soon as practicable after receiving a notice under subsection (1) or (2) above the registrar shall send notice of the vacancy to the patron of the benefice and to the secretary of the parochial church council of the parish belonging to the benefice; and any such notice shall include such information as may be prescribed.
(a) if able to do so, make a written declaration (in this Measure referred to as "the declaration of membership") declaring that he is an actual communicant member of the Church of England or of a Church in communion with that Church; or(2) Where the patron of a benefice is a body of persons corporate or unincorporate then, on receiving notice of a vacancy in the benefice under section 7(4) of this Measure, that body shall appoint an individual who is able and willing to make the declaration of membership or is a clerk in Holy Orders to act as its representative to discharge in its place the functions of a patron.
(b) if unable to make the declaration himself, appoint some other person, being an individual who is able and willing to make it or is a clerk in Holy Orders or a patronage board constituted by a pastoral scheme, to act as his representative to discharge in his place the functions of a patron.
(3) Notwithstanding anything in subsection (1) above, where the patron of a benefice who is an individual and is not the bishop of a diocese is of the opinion, on receiving notice of a vacancy in the benefice under section 7(4) of this Measure, that he will be unable for any reason to discharge his functions as a patron of that benefice he may, notwithstanding that he is able to make the declaration of membership, appoint such a representative as is mentioned in subsection (1)(b) above to discharge those functions in his place.
(4) Where a benefice the right of presentation to which belongs to an office (other than an ecclesiastical office) becomes a vacant, the person who holds that office on the date on which the benefice becomes vacant shall be entitled to present on that vacancy and shall as soon as practicable after that date -
(a) if able to do so, make the declaration of membership, or(5) Where the right of presentation to a benefice is exercisable by the donee of a power of attorney, the donee shall as soon as practicable after receiving notice of the vacancy in the benefice (or, if the power is created during the vacancy, as soon as practicable after it is created) -
(b) if unable to make the declaration himself, appoint some other person, being a person who may be appointed as a representative under subsection (1)(b) above, to act as his representative to discharge in his place the functions of a patron.
(a) if able to do so, make the declaration of membership, or(6) Where under the preceding provisions of this section a patronage board constituted by a pastoral scheme is appointed to discharge the functions of a patron, that body shall as soon as practicable after being so appointed appoint as its representative an individual who is able and willing to make the declaration of membership or is a clerk in Holy Orders.
(b) if unable to make the declaration himself, appoint some other person, being a person who may be appointed as a representative under subsection (1)(b) above, to act as his representative to discharge in his place the functions of a patron.
(a) the declaration of membership made by him, or(2) Before the expiration of the said period of two months, a patron which is a body of persons corporate or unincorporate shall send to the registrar of the diocese the name and address of the individual who is to act as its representative and the declaration of membership made by that representative.
(b) the name and address of his representative and the declaration of membership made by that representative.
(3) Where the functions of a patron are to be discharged by the holder of an office, subsection (1) above shall apply to the person who holds that office on the date on which the benefice becomes vacant as it applied to the patron.
(4) Where the functions of a patron are to be discharged by the donee of a power of attorney, subsection (1) above shall apply to the donee as it applies to the patron except that, if the power is created during the vacancy concerned, there shall be substituted for the period of two months mentioned in that subsection the period of two months beginning with the date on which the power is created, and the information required to be sent under that subsection shall include information as to that date.
(5) Where the patron or his representative is a clerk in Holy Orders, the patron shall, before the expiration of the period during which the declaration of membership is required to be sent to the registrar under the preceding provisions of this section, notify the registrar of that fact, and a declaration of membership made by that clerk shall not be required to be sent to the registrar under this section.
(6) As soon as practicable after receiving information under this section as to the appointment of a representative, the registrar shall send to the secretary of the parochial church council the name and address of that representative.
11. (1) Before the expiration of the period of four weeks beginning with the date on which the notice under section 7(4) of this Measure is sent to the secretary of the parochial church council, one or more meetings of that council shall be held for the purposes of -
(a) preparing a statement describing the conditions, needs and traditions of the parish;(2) A meeting of the parochial church council for which subsection (1) above provides shall be convened by the secretary thereof, and no member of that council who is -
(b) appointing two lay members of the council to act as representatives of the council in connection with the selection of an incumbent;
(c) deciding whether to request the patron to consider advertising the vacancy;
(d) deciding whether to request a meeting under section 12 of this Measure;
(e) deciding whether to request a statement in writing from the bishop describing in relation to the benefice the needs of the diocese and the wider interests of the Church; and
(f) deciding whether to pass a resolution under section 3(1) or (2) of the Priests (Ordination of Women) Measure 1993.
(a) the outgoing incumbent or the spouse of the outgoing incumbent, or
(3) None of the following members of the parochial church council, that is to say -
(a) any person mentioned in subsection (2) above, and
shall be qualified for appointment under subsection (1)(b) above.
(b) any deaconess or lay worker licensed to the parish,
(4) If before the vacancy in the benefice is filled any person appointed under subsection (1)(b) above dies or becomes unable for any reason to act as the representative of, or ceases to be a member of, the council by which he was appointed, then, except where he ceases to be such a member and the council decides that he shall continue to act as its representative, his appointment shall be deemed to have been revoked and the council shall appoint another lay member of the council (not being a member disqualified under subsection (3) above) to act in his place for the remainder of the proceedings under this Part of this Measure.
(5) If a parochial church council holds a meeting under subsection (1) above but does not appoint any representatives at that meeting, then, subject to subsection (6) below, two churchwardens who are members of that council (or, if there are more than two churchwardens who are members of the council, two churchwardens chosen by all the churchwardens who are members) shall act as representatives of the council in connection with the selection of an incumbent.
(6) A churchwarden who is the patron of a benefice shall not be qualified under subsection (5) above to act as a representative of the parochial church council or to choose any other churchwarden so to act, and in any case where there is only one churchwarden qualified to act as such a representative that churchwarden may act as the sole representative of that council in connection with the selection of the incumbent.
(7) Any representative of the parochial church council appointed under subsection (1) or (4) above and any churchwarden acting as such a representative by virtue of subsection (5) or (6) above is in this Part of this Measure referred to as a "parish representative", and where a churchwarden is entitled to act as the sole parish representative any reference in this Part to the parish representatives shall be construed as a reference to that churchwarden.
(8) A copy of the statement prepared under subsection (1)(a) above together with the names and addresses of the parish representatives shall, as soon as practicable after the holding of the meeting under that subsection, be sent by the secretary of the parochial church council to the patron and, unless the bishop is the patron, to the bishop.
(a) by a notice sent by the patron or the bishop to the secretary of the parochial church council, ora joint meeting of the parochial church council with the patron and (if the bishop is not the patron) the bishop shall be held for the purpose of enabling those present at the meeting to exchange views on the statement prepared under section 11(1)(a) of this Measure (needs of the parish) and the statement presented under subsection (2) below (needs of the diocese).
(b) by a resolution of the parochial church council, passed at a meeting held under section 11 of this Measure,
(2) At any meeting held under this section the bishop shall present either orally or, if a request for a statement in writing has been made by the patron or the parochial church council, in writing a statement describing in relation to the benefice the needs of the diocese and the wider interests of the Church.
(3) Any notice given under subsection (1)(a) above shall be of no effect unless it is sent to the secretary of the parochial church council not later than ten days after a copy of the statement prepared under subsection (1)(a) of section 11 of this Measure is received by the persons mentioned in subsection (8) of that section.
(4) The outgoing incumbent and the spouse of the outgoing incumbent shall not be entitled to attend a meeting held under this section.
(5) A meeting requested under this section shall be held before the expiration of the period of six weeks beginning with the date on which the request for the meeting was first made (whether by the sending of a notice as mentioned in subsection (1)(a) above or by the passing of a resolution as mentioned in subsection (1)(b) above), and at least fourteen days' notice (unless a shorter period is agreed by all the persons concerned) of the time and place at which the meeting is to be held shall be given by the secretary of the parochial church council to the patron, the bishop (if he is not the patron) and the members of the parochial church council.
(6) If either the patron or the bishop is unable to attend a meeting held under this section, he shall appoint some other person to attend on his behalf.
(7) The chairman of any meeting held under this section shall be such person as the persons who are entitled to attend and are present at the meeting may determine.
(8) No meeting requested under this section shall be treated for the purposes of this Measure as having been held unless there were present at the meeting -
(a) the bishop or the person appointed by the bishop to attend on his behalf, and(9) The secretary of the parochial church council shall invite both the rural dean of the deanery in which the parish is (unless he is the outgoing incumbent) and the lay chairman of the deanery synod of that deanery to attend a meeting held under this section.
(b) the patron or the person appointed by the patron to attend on his behalf, and
(c) at least one third of the members of the parochial church council who were entitled to attend.