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The Patronage (Benefices) Measure 1986 An Analysis of its Working in Practice
Published online by Cambridge University Press: 31 July 2008
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In an article in this Journal recently Peter Smith set out the history of what he called a most peculiar property, the advowson. He finished by mentioning the introduction of the current legislation, the Patronage (Benefices) Measure 1986. This article seeks to take up where he finished by reviewing the practice of appointments under the 1986 Measure, and considering some of the lessons of the last few years. I shall also argue that the time is right to review the Patronage (Benefices) Measure Code of Practice, in the light of some of the legal issues I highlight.
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- Copyright © Ecclesiastical Law Society 2001
References
1 Smith, P., The Advowson: The history and development of a most peculiar property (2000) 5 Ecc LJ 320.Google Scholar
2 Doe, N., Canon Law in the Anglican Communion (Oxford University Press, 1998), p 138.CrossRefGoogle Scholar
3 Doe, , Canon Law, p 138.Google Scholar
4 Patronage (Benefices) Measure 1986 (No 3), s 1.
5 Revised Canons Ecclesiastical, Canon C 9, para 1, provides ‘A vacancy or impending vacancy in any benefice shall be notified to the bishop of the diocese to the patron and to the parochial church council, and the provisions of the law from time to time in force relating to the filling of such vacancy shall be complied with’.
6 Patronage (Benefices) Measure 1986, ss 35, 36.
7 Pastoral Measure 1983 (No 1), s 70 (amended by the Patronage (Benefices) Measure 1986. s41(1), Sch4, para 21).
8 This was prepared by the author as an appendix to Situations Vacant: A Guide to the Appointment Process in the Church of England, Parrott, D. and Field, D. (Grove Books Pastoral Series No 65, 1996)Google Scholar. This booklet is designed to help those involved in a vacancy such as bishops, archdeacons, patrons, PCC secretaries and parish representatives. It is available from Grove Books, price £2.25.
9 Patronage (Benefices) Measure 1986, s 7(5).
10 Ibid, s 7(1), (2).
11 Ibid, s 7(4).
12 Ibid, s 8(1).
13 Ibid, s 8(2).
14 Ibid, s 9(6).
15 Ibid, s 10.
16 Ibid, s 11(1).
17 Ibid, s 11(1)(a)–(e).
18 Patronage (Benefices) Measure Code of Practice 1988, s 74.
19 Patronage (Benefices) Measure 1986, s 12(1).
20 Ibid, s 12(6).
21 Ibid, s 12(9).
22 Ibid, s 12(1), (2).
23 Ibid, s 11(1)(f)(added by the Priests (Ordination of Women) Measure 1993 (No 2), s 3(7)). The resolutions under the Priests (Ordination of Women) Measure 1993, s 3(1), (2), Sch 1, are: Resolution A: ‘ That this parochial church council would not accept a woman as the minister who presides at or celebrates the Holy Communion or pronounces the Absolution in this parish’; and Resolution B: ‘That this parochial church council would not accept a woman as the incumbent or priest-in-charge of the benefice or as a team vicar for the benefice’. Resolution A cannot be considered if the incumbent or priest-in-charge or a team vicar or assistant curate in post in the benefice is a woman: s 3(3).
24 Patronage (Benefices) Measure 1986, s 13(1).
25 Ibid, s 13(1)(b).
26 Ibid, s 13(4). In the event of such refusal by a PCC representative, the patron must be informed in writing of the reasons: s 13(4). What may constitute grounds is not stated. Either PCC representative may refuse to approve: they do not have to act together in this regard.
27 Ibid, s 13(5).
28 Ibid, s 13(6).
29 Benefices Act 1898 (61 & 62 Vict, c 48), s 2(1)(b).
30 Canons C 13, C 14 and C 15, respectively.
31 Canon C 11, para 1.
32 Canon C 11, para 3.
33 Canon C 11, para 2.
34 Patronage (Benefices) Measure 1986, s 16.
35 Parrott, and Field, , Situations Vacant, pp 8, 9.Google Scholar
36 See Section 5(g) below.
37 As has been stated, the PCC may request him to do so: Patronage (Benefices) Measure 1986, s 11(1)(c)
38 There is a widespread assumption that the term ‘advertise’ here means advertise in the Church press. Many patrons would advertise a post through such forums as the Clergy Appointments Advisor's list, or the Evangelical Patronage Consultative Council (at CPAS), whether or not the parish has requested that the post be advertised. Generally the author would call this advertising, but it may not be what most people mean when they consider the Patronage (Benefices) Measure 1986, s 11(1)(c).
39 Parrott, and Field, , Situations Vacant, p 4.Google Scholar
40 Patronage (Benefices) Measure 1986, s 11 (1)(c).
41 See R v Bishop of Southwark, ex parte Churchwardens and PCC of St Luke's, Kingston upon Thames (13th 11 1995, Brooke i).Google Scholar
42 Patronage (Benefices) Measure 1986, s 38(2), (4)–(6).
43 The authorship of these is not identified. They are copyrighted to the Central Board of Finance.
44 Patronage (Benefices) Measure 1986, s 23, Sch 2.
45 Patronage (Benefices) Measure 1986 Code of Practice 1988, s 74.
46 Patronage (Benefices) Measure 1986, s 13(1)(b)(i).
47 Ibid, s 16(1).
48 Ibid, s 13(1)(b)(ii).
49 Benefices Measure 1898, s 2(1)(b).
50 Patronage (Benefices) Measure 1986, s 11 (1)(b).
51 Patronage (Benefices) Measure 1986 Code of Practice 1988, s 47.
52 This was in an unpublished essay prepared for the Master of Laws degree in Canon Law at Cardiff University.
53 The author expresses his thanks to Chancellor Mark Hill for his helpful critique of the first draft of this article.
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