(3) Where in the case of a Crown benefice a share only in the patronage is vested in Her Majesty (in this section referred to as a "shared benefice") sections 5 and 21 of this Measure shall apply in relation to a patron of the benefice other than Her Majesty.
(5) Where a right of patronage of a benefice is proposed to be transferred to Her Majesty sections 3(2) to (7) of this Measure shall not apply but the transferor shall send a notice to the registrar to inform him of the transfer.
(6) Section 3(1) of this Measure shall apply to the transfer of a right of patronage of a Crown benefice.
(7) Section 7 of this Measure shall apply in relation to a Crown benefice, and where the registrar of a diocese receives a notice under that section in respect of a Crown benefice then -
(a) if the patronage is vested wholly in Her Majesty or, in the case of a shared benefice, if the right of presentation upon the vacancy in question is exercisable by Her Majesty, any parochial church council to which notice is given under section 7(4) of this Measure may send to Her Majesty 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 in question), and a copy of any such statement shall be sent to the bishop;(8) Section 22 of this Measure shall apply in relation to a Crown benefice and where the consent of Her Majesty is required by that section that consent may be given in accordance with the provisions of paragraphs (a) to (d) of section 81(2) of the Pastoral Measure 1983 and those provisions shall have effect accordingly with the necessary modifications.
(b) if the benefice is a shared benefice and the right of presentation upon the vacancy in question is exercisable by a person other than Her Majesty, sections 8 to 21 of this Measure shall apply in relation to the benefice.
(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 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) Subject to subsection (5) below, for the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, 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 be his last known address, except that in the case of the secretary or clerk of a corporation, it shall be that of the registered or principal office of the corporation, and in the case of the secretary or clerk of an unincorporated body or a partner of a firm, it shall be that of the principal office of the body or firm.
(5) If the person on or to whom any such notice or other document is to be served, sent or given has specified an address within the Isle of Man or the United Kingdom serving, sending or giving of the notice or other document, his proper address for the said purposes shall be that address.
(4) Any rules made under this section shall be laid before the Sodor and Man Diocesan Synod and shall not come into force until approved by the Diocesan Synod.
"actual communicant member of the Church of England" means a member of the Church of England who is confirmed or ready and desirous of being confirmed and has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date on which he makes the declaration of membership;(2) Where a pastoral scheme or pastoral order provides for the holding of benefices in plurality any reference in this Measure to a benefice shall be construed as including a reference to benefices held in plurality."actual communicant member of a Church in communion with the Church of England" means a communicant member of a Church in communion with the Church of England who has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date on which he makes the declaration of membership;
"archbishop" means the archbishop of the province in which the benefice is or, where the benefice is in the diocese of the archbishop of that province or the archbishopric of that province is vacant or the archbishop is the patron of that benefice, the archbishop of the other province;
"benefice" means the office of rector or vicar of a parish or parishes with cure of souls, but not including the office of vicar in a team ministry or any office of canon in the cathedral church of St German;
"the bishop" means the bishop of the diocese concerned;
"clerk in Holy Orders" means a priest or deacon of the Church of England and "priest" includes a bishop;
"the declaration of membership" has the meaning assigned to it by section 8(1);
"parish" means a parish constituted for ecclesiastical purposes;
"pastoral order" and "pastoral scheme" have the same meanings respectively as in the Pastoral Measure 1983;
"patron", in relation to any benefice, means the person or persons entitled, otherwise than by virtue of section 16, to present to that 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) in any case where the patronage is vested in different persons by way of alternate or successive right of presentation, every person who would be entitled to present on the next or any subsequent turn;
(3) If any question arises whether a Church is a Church in communion with the Church of England, it shall be conclusively determined for the purposes of this Measure by the Archbishops of Canterbury and York.
(4) References in this Measure to any Measure extending to the Island (including this Measure), or to any provision of such a Measure, are to that Measure or provision as it has effect in the Isle of Man.
2. In section 7(4), for the words "the parish" there shall be substituted the words "each of the parishes".
3. In section 9(6) for the words "secretary of the parochial church council" there shall be substituted the words "secretaries of the parochial church councils".
4. For section 11(1) there shall be substituted: - "(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 secretaries of the parochial church councils concerned one or more joint meetings of those councils shall be held for the purposes of -
5. In section 11(2), for the words from the beginning to "council", in the second place where it occurs; there shall be substituted the words "A joint meeting of the parochial church councils for which subsection (1) above provides shall be convened by the secretaries of those councils, and no member of any of those councils".(a) discharging the duties imposed on them by subsection (1A) below;and each person appointed under paragraph (b) shall be a member of one of the parochial church councils concerned.
(b) appointing such number of persons, but not less than four, as will enable each of those councils to have at least one representative, but not more than two representatives, to act as representatives of those councils 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;(1A) At the meeting, or the first meeting, convened under this section, the parochial church councils shall decide whether they will join in preparing a statement describing the conditions, needs and traditions of the parishes belonging to the benefice or whether the parochial church council of each parish will prepare such a statement in relation to that parish, and that decision having been made, the parochial church councils of those parishes or the parochial church council of each parish, as the circumstances require, shall prepare such a statement."
6. In section 11(3), for the words "the parochial church council" there shall be substituted the words "any of the parochial church councils" and for the words "the parish" there shall be substituted the words "any of the parishes".
7. In section 11(4), for the words from "the council by which he was appointed" to the end there shall be substituted the words "any of the councils by which he was appointed then, except where he ceases to be such a member and those councils decide that he shall continue to act as their representative, his appointment shall be deemed to have been revoked and those councils shall appoint another lay member of any of those councils in his place".
8. For section 11(5) there shall be substituted -
"(5) If the parochial church councils concerned hold a joint meeting under subsection (1) above but do not appoint representatives under paragraph (b) of that subsection, all the churchwardens who are members of any of the councils concerned shall appoint not more than five of those churchwardens to act as representatives of those councils in connection with the selection of an incumbent."9. In section 11(8) for "1(a)" there shall be substituted "(1A)", and for the words "secretary of the parochial church council" there shall be substituted the words "secretaries of the parochial church councils".
10. For section 12(1) there shall be substituted -
"(1) Where a request for a meeting under the section is made -11. In section 12(2) for the word "council" there shall be substituted the word "councils".(a) by a notice sent by the patron or the bishop to the secretaries of the parochial church councils concerned ora joint meeting of those councils 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 or statements prepared under section 11(1A) of this Measure (needs of the parish) and the statement presented under subsection (2) below (needs of the diocese)."
(b) by a resolution of those councils passed at a joint meeting held under section 11 of this Measure,
12. In section 12(3) for the words "the parochial church council" there shall be substituted the words "each of the parochial church councils concerned" and for "(1)(a)" there shall be substituted "(1A)".
13. In section 12(5) for the words "secretary of the parochial church council" there shall be substituted the words "secretaries of the parochial church councils" and for the words "parochial church council" in the second place where those words occur there shall be substituted the words "parochial church councils concerned".
14. In section 12(8)(c) for the word "council" there shall be substituted the words "councils concerned".
15. In section 12(9) for the words "The secretary of the parochial church council shall invite both the rural dean of the deanery in which the parish is" there shall be substituted the words "The secretaries of the parochial church councils concerned shall invite both the rural dean of the deanery which comprises the parishes concerned."
16. In section 16(3) for the words "of the parish", in the first place where those words occur, there shall be substituted the words "of each of the parishes belonging to the benefice".
17. In section 19(1) for the words "of the parish" there shall be substituted the words "of each of the parishes".
18. In section 22(1) for the words "the parish of each benefice" there shall be substituted the words "every parish belonging to each benefice".
19. Where, by a pastoral scheme or by a scheme made under the Church Representation Rules, a team council is established in respect of a benefice which comprises more than one parish, the functions under Part II of this Measure of the parochial church councils of those parishes shall be exercisable by the team council.
20. Where, by a pastoral scheme or by a scheme made under the Church Representation Rules, a joint parochial church council is established for all the parishes of a benefice, the functions under Part II of this Measure of the parochial church councils of those parishes shall be exercisable by the joint parochial church council.
| Chapter | Short title | Extent of repeal |
| 7 & 8 Eliz.2 No. 2 | The Vacancies in Sees Measure 1959. | Section 1. The Schedule. | 1978 No. 1 | The Dioceses Measure 1978. | In the Schedule, in paragraph 10, the words from "and for" to the end. |