Reproduced by permission of the Treasury of the Isle of Man
© Crown copyright reserved
The Ecclesiastical Offices (Terms of Service) Measure 2009
as it has effect in the Isle of Man by virtue of the Ecclesiastical Offices (Terms of Service) Measure (Isle of Man) 2012 (SD 192/12 – in force 1st January 2013)
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general introduction
1. Common Tenure
2. Regulations
3. Duration of appointments
4. Provision of housing for office holders
5. Provision of housing by Board
6. Powers to acquire and dispose of houses of residence and carrying out of works
7. Transactions by Board relating to houses of residence
8. Codes of Practice
8A. Vesting of parsonage houses and glebe land etc.
9. Supplementary provisions
10. Interpretation
11. Amendment of enactments
12. Repeals
13. Citation, commencement and extent
Schedule 1 Matters relating to regulated transactions
Schedule 1A Parsonage houses and glebe land
Schedule 2 Amendment of enactments
Schedule 3 Repeals
1. Common Tenure

(1) Subject to the provisions of this section, this Measure shall apply to each of the following holders of ecclesiastical offices — . . .

(b) any diocesan bishop; . . .

(e) any archdeacon;

(f) any incumbent;

(g) any person in holy orders who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised issued under any Canon of the Church of England; and

(h) any deaconess, reader or lay worker who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised issued under any Canon of the Church of England and who receives a stipend or other emoluments of office (including the provision of accommodation) in respect of his or her office, who —

(i) in the case of any such person as is referred to in paragraphs (g) and (h) above, holds office on or is appointed to his or her office after the coming into force of this section, . . .

(iii) in the case of any other person referred to in this subsection, holds office on the coming into force of this section and has agreed to the application of this Measure to him or her in accordance with subsections (4) and (5) below or is appointed to his or her office after the coming into force of this section.

(2) Any person to whom this Measure applies shall hold his or her office in accordance with terms of service specified in Regulations.

(3) The terms of service under which persons to whom this Measure applies hold office shall be known as Common Tenure.

[(4) As soon as practicable after the coming into force of this section —

(a) the bishop shall notify the archbishop of York whether or not he agrees to the application of this Measure to him and, if so, make a declaration in writing to that effect;

(b) the bishop shall notify, in writing, every person referred to in subsection (1)(e) and (f) above holding office on that date, requesting him or her to indicate whether or not he or she agrees to the application of this Measure to him or her and, if so, to make a declaration in writing to that effect.]

(5) As soon as the archbishop or, as the case may be, the bishop has received a declaration in accordance with subsection (4) above this Measure shall, with immediate effect, apply to the person who made the declaration and that person shall be informed, in writing, accordingly.

2. Regulations

(1) [The Sodor and Man Diocesan Board of Finance (in this Measure referred to as "the Board")] shall, in accordance with the following provisions of this section, by Regulations make provision for the terms of service of persons holding office under Common Tenure (in this Measure referred to as "office holders").

(2) Without prejudice to the generality of subsection (1) above Regulations may —

(a) provide, in such circumstances as may be specified in the Regulations, for appointments of limited duration;

(b) confer rights and obligations on office holders and other persons and bodies, including protection for office holders against unfair dismissal;

(c) provide for the terms on which housing is provided for office holders and for the respective rights, powers and obligations of office holders and the [Board];

(d) provide for procedures to assess the performance of office holders, including remedies for inadequate performance;

(e) provide for rights of review or appeal and the use of [the Employment Tribunal] to adjudicate on disputes;

(f) provide for specified persons or bodies to be responsible for bringing or defending proceedings and for the payment of costs, expenses and compensation; and

(g) provide for different cases and circumstances and contain transitional, incidental and consequential provisions.

[(2A) Regulations may provide that regulations made under this section as it has effect in England shall have effect in the Isle of Man subject to such exceptions and modifications as may be prescribed by the Regulations.]

(3) Regulations may apply, amend or adapt any enactment or instrument.

(4) If Regulations make provision, in accordance with subsection (2)(e) above, for the use of [the Employment Tribunal, that Tribunal] shall have jurisdiction in respect of proceedings for which the Regulations make provision. . . .

[(5) Regulations —

(a) shall not be made unless they have been approved in draft by the diocesan synod; and

(b) shall be laid before Tynwald as soon as may be after they are made;

and if Tynwald, at the sitting at which they are laid or the next following sitting, resolves that they be annulled, they shall cease to have effect.] . . .

3. Duration of appointments

(1) Subject to subsection (2) below, an office holder other than . . . a bishop may resign his or her office by giving written notice not less than three months before the resignation is to take place to the bishop. . . .

(2) Any notice required to be given under subsection (1) above may be waived by agreement between the office holder and the . . . bishop.

(3) The term of office of a person who holds office under Common Tenure shall be terminated only —

(a) on the death of the office holder;

(aa) in the case of . . . a bishop, on his resignation under section 1 . . . of the Bishops (Retirement) Measure 1986;

(b) on attaining the retirement age specified in relation to that office in [section 8 of the Church Act 1992 (an Act of Tynwald)] or on the expiration for any period which the office holder is permitted to continue in office after the retirement age under [section 9 of that Act];

(c) where the office ceases to exist in consequence of a pastoral scheme or order made under the Pastoral Measure 1983 (1983 No. 1) . . .,

(d) where the office holder is removed from office following a finding of guilt for an offence under Part VI of the Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1) or under any provision of the Clergy Discipline Measure 2003 (2003 No. 3);

(e) where the term is fixed or is otherwise limited, on the expiry of the term or the occurrence of the event in question, as the case may be; or

(f) under subsection (4), (5) or (6) below or subsection (1) above.

(4) The bishop [may revoke the licence of] an office holder referred to in section 1(1)(g) . . . of this Measure . . . only in accordance with the capability procedures or in accordance with the Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1) or the Clergy Discipline Measure 2003 (2003 No. 3) or, in the case of a priest-in-charge appointed to a benefice during a vacancy, when the vacancy comes to an end.

(4A) The bishop of the diocese in which an office holder referred to in section 1(1)(h) of this Measure holds office may revoke the office holder's licence to exercise the office only on grounds of misconduct, including any act or omission relating to matters involving ritual, doctrine or ceremonial or in accordance with the capability procedures.

(5) Where a licence has been granted by [the bishop] to a person to exercise an office which is held by the office holder in connection with employment under a contract of employment the bishop may revoke the licence if that contract is terminated and the term of office of the office holder shall, thereupon, be terminated.

(6) Where there has been an adjudication on a matter relating to the performance of an office holder under the capability procedures and a determination that the office holder should be removed from office, then, if any appeal against the determination has been unsuccessful or the time within which an appeal may be brought has expired without such an appeal being brought, [the bishop or, in the case of the bishop, the archbishop of York] shall serve notice in writing on the office holder terminating his or her appointment with effect from the date of the expiry of three months after the date of the notice and stating in the notice the reason or principal reason for the termination. . . .

[(8) Section 3, and so far as it relates thereto, section 7 of the Bishops (Retirement) Measure 1986 ("the 1986 Measure") shall not have effect in relation to the bishop if he is subject to Common Tenure, but, where the appointment of the bishop is terminated under subsection (6) above, the archbishop of York shall, by written notice, declare the bishopric vacant as from a date specified in the notice.]

(9) Section 8 of the 1986 Measure shall apply where an office is declared vacant under subsection . . . (8) above as it applies where an office is declared vacant under that Measure. . . .

4. Provision of housing for office holders

(1) Every office holder who holds a full-time office for which he or she is entitled to receive a stipend other than [an office designated under subsection (2) below] shall be entitled to be provided by the [Board] with accommodation which is reasonably suitable for the purpose and accommodation provided under this section is referred to in this Measure as a "house of residence".

[(2) The Board may &—

(a) designate a full-time office as one to which subsection (1) above does not apply; and

(b) revoke a designation made under paragraph (a) above.

(2A) A designation relating to an office may not be made or revoked under subsection (2) above without the agreement of the bishop and (unless the office is vacant) the office holder.]

(3) Where the particulars of office served on an office holder who holds a part-time post specify the provision of accommodation for the office holder the office holder shall be treated, for the purposes of this section, as if he or she had an entitlement under subsection (1) to be provided with accommodation in accordance with those particulars of office.

(4) Except as aforesaid, it shall be a condition of the provision of a house of residence to an office holder that the office holder occupies it for the better performance of the duties of the office and the terms on which the house of residence is occupied shall not create a relationship of landlord and tenant between the [Board] and the office holder.

(5) The right conferred by subsections (1) and (3) above shall cease on such date as may be specified in or under Regulations.

(6) Subject to the preceding provisions of this section, the terms on which the office holder exercises the right conferred by subsections (1) and (3) shall be specified in Regulations. . . .

5. Provision of housing by Board . . .

[(1) It shall be the duty of the Board —

(a) to designate a house of residence as the parsonage house for every benefice in the diocese (other than a benefice designated under section 4(2) above);

(b) to oversee the provision of housing for all members of the clergy holding office in the diocese (other than an office so designated); and

(c) to ensure that suitable housing is provided for each such member who occupies a full-time office for which he or she is entitled to receive a stipend (other than an office so designated).

(1A) Where a benefice is designated under section 4(2) above, any designation of a house of residence for the benefice under subsection (1)(a) above shall cease to have effect.]

(2) Subject to section 4(1) and (3) above, the Board . . . may also provide such housing accommodation as it thinks fit for any office holder . . ..

6. Powers to acquire and dispose of houses of residence and carrying out of works

[(1) The Board may —

(a) acquire (including by way of gift) any land, or any interest in or over land, or any building, which it considers necessary or appropriate for the provision of a house of residence for an office holder; or

(b) dispose of any land, or any interest in or over land, or any building which it considers is no longer required for the provision of such a house of residence.

(1A) The Board may raise money by deed of bond and security or, in the case of registered land, a charge on any land, interest or building referred to in subsection (1)(a) above for the purpose of —

(a) acquiring the land or building or any interest in the land or building, or

(b) defraying the cost of any works to be carried out under subsection (2) in relation to the land or building.

(1B) Schedule 2 to the Church Act 1992 (an Act of Tynwald) shall not apply to a transaction made pursuant to subsection (1)(b) or (1A) above; and a statement in a document giving effect to a transaction that it is made pursuant to subsection (1) or (1A) above shall, if the document is sealed with the seal of the Board or is signed on behalf of the Board by a person duly authorised, be conclusive evidence of that fact.]

(2) [The Board] may carry out such works of improvement, repair, demolition, reduction, enlargement or other alteration of or to any such house of residence as appears to it to be appropriate.

(3) Before carrying out any works in accordance with subsection (2) above the [Board] shall consult the office holder, unless the transaction is a regulated transaction to which section 7 below applies. . . .

7. Transactions by [Board] relating to houses of residence

(1) Subject to section 6(4) above, in this Measure a "regulated transaction" means —

(a) any disposal of a house of residence or exchange of a house of residence for another house of residence;

(b) any works or other activity carried out to improve, demolish, reduce, enlarge or otherwise alter a house of residence or any part thereof; and

(c) in the case of a house of residence for [the bishop], any acquisition (including any acquisition by gift) of a house or land intended for the provision of a new house of residence or of land for the provision of access to or for the improvement of the amenities of a house of residence or the erection of a new house of residence on land already owned by the [Board, and

(d) in the case of a parsonage house of a benefice, any change in the designation of a house for that purpose under section 5(1)(a) above.]

(2) Before carrying out a regulated transaction [the Board] shall serve notice, in accordance with Regulations, on —

(a) any office holder in occupation of a house of residence or, in the case of an acquisition of a house or land intended for the provision of a new house of residence, any office holder for whom the house of residence is to be provided and, in the case of a team ministry, on every person serving in the team ministry;

(b) the bishop . . . unless the bishop is the office holder referred to in paragraph (a) above; . . .

[(ba) in the case of a parsonage house, the patron (except where the patron is the bishop) and the parochial church council of each parish in the area of the benefice or, where there is no parochial church council in existence, the churchwardens of the parish; and]

(c) in the case of a house of residence for [the bishop, the Governor] and the standing committee of the diocesan synod.

(3) Any person or body on whom notice is served of a regulated transaction under subsection (2) above shall have the right to object to the transaction in accordance with Regulations.

[(4) Before carrying out a regulated transaction to which subsection (5) below applies, the Board must obtain the consent of the Commissioners.]

(5) This subsection applies to any disposal, purchase or exchange which —

(a) is to or from a connected person or a trustee for or nominee of a connected person, or

(b) is not made on terms which [the diocesan surveyor] has recommended are the best that can reasonably be obtained for the [Board].

(6) In this section —

(a) "connected person" means —

(i) any office holder in occupation of the house of residence or for whom the house of residence is to be provided,

(ii) the [Board] or any member, officer, agent or employee thereof; and

[(iia) in the case of the parsonage house of a benefice, the parochial church council or any member, officer, agent or employee thereof or, as the case may be, the churchwardens of the parish; and]

(iii) a spouse, . . . child, parent, grandchild, grandparent, brother or sister of any person mentioned in sub-paragraph [(i), (ii) or (iia) above]. . . .

(9) Schedule 1 to this Measure shall have effect in relation to the application of any money received by the Board in connection with a sale or exchange of a house of residence owned by it and to other matters relating to regulated transactions.

[(10) Where a regulated transaction is proposed to be carried out in relation to a parsonage house in any benefice the patronage or any share of the patronage of which is vested in or exercisable by Her Majesty, the notice required to be served on the patron under subsection (2)(ba) above shall be served on the Governor.]

8. Codes of Practice

[Any person or body carrying out functions under this Measure or Regulations shall have regard to any Code of Practice issued under this section as it has effect in England and for the time being in force, so far as it is applicable to the Isle of Man.]

[8A. Vesting of parsonage houses and glebe land etc.

Schedule 1A has effect with respect to the vesting of parsonage houses and glebe land in the Board, and other matters relating to parsonage houses and glebe land.]

9. Supplementary provisions

(1) Nothing in this Measure or in Regulations shall have effect so as to enable procedures to be applied in relation to any person to whom this Measure applies in respect of any misconduct within the meaning of section 38 of the Ecclesiastical Jurisdiction Measure 1963 or section 8 of the Clergy Discipline Measure 2003 otherwise than under the said Measure of 1963 or the said Measure of 2003, as the case may be.

(2) Any ecclesiastical office which is a freehold office and vacant on the coming into force of this section and any such office held by any person to whom this Measure applies (whether or not the holder of the office holds any other office) shall cease to be a freehold office, in the case of a vacant office, on the coming into force of this section and, in any other case, on the date of the application of this Measure to the holder of the office.

(3) Where immediately before the coming into force of this section, an office is an office the holder of which is a corporation sole, nothing in this Measure shall affect the status as a corporation sole of the holder of any such office, whether appointed before or after that date. . . .

(5) Nothing in this Measure or in Regulations shall prejudice any rights or obligations conferred or imposed on office holders or any other person or authority in any Measure, Canon of the Church of England or otherwise, except so far as this Measure or Regulations otherwise provides or provide.

(6) Nothing in this Measure shall be taken as creating a relationship of employer and employee between an office holder and any other person or body. . . .

10. Interpretation

[(1)] In this Measure — . . .

["the bishop" means the bishop of Sodor and Man;] . . .

["the Board" means the Sodor and Man Diocesan Board of Finance;]

"capability procedures" means any procedures for which Regulations make provision by virtue of section 2(2)(d) above;

["the Commissioners" means the Church Commissioners for the Isle of Man;]

["diocesan surveyor" means a person appointed by the Board to be a diocesan surveyor, being —

(a) a person registered in the Isle of Man Register of Architects, or

(b) a corporate member of the Chartered Institute of Building or the Royal Institution of Chartered Surveyors;

"the diocesan synod" means the Sodor and Man Diocesan Synod;

"the diocese" means the diocese of Sodor and Man;

"the Governor" means the Lieutenant Governor of the Isle of Man, and includes a deputy Governor and an Acting Governor;]

"house of residence" has the meaning assigned to it by section 4(1) above and includes any land or buildings occupied together with a house of residence;

"office holder" has the meaning assigned to it by section 2(1) above;

["patron", in relation to any benefice, means the person or persons entitled, otherwise than by virtue of section 16 of the Patronage (Benefices) Measure 1986, 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;]

"Regulations" means Regulations made under section 2 above;

and . . .

[(2) References in this Measure to any Measure (including this Measure) or to any provision of a Measure shall be construed as references to the Measure or provision as it has effect in the Isle of Man.

(3) References in this Measure to the coming into force of any provision of this Measure shall be construed as references to the extension of that provision to the Isle of Man. . . .

11. Amendment of enactments

(1) The [Board] may, by Order, make provision —

(a) for such amendments or repeals of any provision of a Measure or other enactment or instrument, or

(b) for transitional matters,

as appear to the [Board] to be necessary or expedient in consequence of any provision of this Measure or of Regulations.

[(2) Section 2(5) above applies to an Order made under subsection (1) above as it applies to Regulations.]

(3) [No Order shall be made under subsection (1) above] after the expiry of the period of five years beginning with the day on which this section comes into force.

(4) The enactments set out in Schedule 2 to this Measure shall have effect subject to the amendments specified in that Schedule. . . .

12. Repeals

The enactments set out in Schedule 3 to this Measure are hereby repealed to the extent specified in the second column of that Schedule.

13. Citation, commencement and extent

(1) This Measure may be cited as the Ecclesiastical Offices (Terms of Service) Measure 2009. . . .

SCHEDULE 1

Matters relating to regulated transactions

Application of money received

1 (1) The Board shall apply any money arising from any sale or exchange of a house of residence for the purposes set out below in the following order of priority —

(a) in payment of the costs, charges and expenses of such a sale or exchange;

(b) in or towards repayment of any money expended by the Board for the purpose of rendering the property sold or exchanged more readily saleable or exchangeable;

(c) where the property sold or exchanged has been purchased, built or improved wholly or in part by means of a loan from or on the security of a mortgage or charge in favour of any person, body or authority, including a loan from the Commissioners under section 7(8) above, in or towards repayment of any principal or interest owing on such loan, mortgage or charge;

(d) to the extent that the income derived from any money arising from the sale or exchange of the property sold or exchanged pending the application of the money under paragraphs (a) to (c) above shall be insufficient for the purpose, with the prior consent of the bishop, in or towards payment to the office holder in question of the whole or part of the expenses reasonably incurred in respect of removal from one house of residence to another, the storage of furniture and any rent paid for any temporary residence pending occupation of the new house of residence;

[(da) in the case of the parsonage house of a benefice, in or towards the reimbursement to the parochial church council of any parish or part of a parish within the area of the benefice of any expenses incurred by the council in carrying out, or in meeting or contributing to the cost of, any works of improvement of the house carried out with the consent of the Board during the 10 years ending with the completion of the sale or exchange (after deducting the amount of any grant made to the council by the Board for the purpose), reduced by one-tenth for each complete year which has elapsed between the date on which the expenses were incurred and the completion of the sale or exchange;] . . .

(f) in or towards the exercise of any powers under section 6 above, provided that priority is given to any requirement for a residence for the holder of the office for which the house of residence was sold or exchanged;

(g) in allocation of it to [the Diocesan Trust established by the Church Act 1934 (an Act of Tynwald)] or to the pastoral account of the diocese, or partly to one and partly to the other, as the [Board] may determine.

[(1A) Any question under sub-paragraph (1)(da) above whether any works carried out to a parsonage house are works of improvement shall be referred to and determined by the Commissioners, whose decision shall be final.]

(2) The Board shall provide the Commissioners with such information as they may require concerning transactions under section 6 or 7 above or this Schedule and the Commissioners may give advice to the Board on any such matters and the Board shall have regard to any such advice.

(3) In any case where any income is derived from any money arising from any sale or exchange by the Board under section 6 above pending the application and disposition of the money under this paragraph the income shall be added to the capital.

Formalities

2 [(1) In relation to a transaction purporting to be a regulated transaction, anyone dealing with the Board, or with a person claiming under the Board, —

(a) shall not be concerned to inquire into the purpose or the propriety of the transaction, or the sufficiency of the consideration for it; and

(b) shall be entitled to assume —

(i) that the transaction is within the powers of the Board,

(ii) that any consent to the transaction required by this Measure or Regulations has been given;

(iii) either that no objection to the transaction has been made in accordance with Regulations, or that any objection so made has been withdrawn or otherwise disposed of; and

(iv) that any other requirements of this Measure or Regulations have been complied with.

(2) A statement in a document purporting to give effect to any regulated transaction —

(a) that the transaction is a regulated transaction; and

(b) that either —

(i) any consent to the transaction required by this Measure or Regulations has been given, or

(ii) no such consent is required;

shall, if the document is sealed with the seal of the Board, or signed on behalf of the Board by a person duly authorised, be conclusive evidence of those facts.] . . .

(6) Every transfer of land (including buildings) purchased or acquired by way of exchange of a house of residence under this Measure shall be registered in the [diocesan registry].

(7) In any case where any land (including buildings) sold or exchanged under this Measure is subject to any mortgage or charge in favour of the [Board], the transfer thereof under this Measure shall be effectual to pass the same discharged from the mortgage or charge, and the mortgage or charge shall attach to the purchase money arising on the sale or to any money paid to the Board by way of equality of exchange and to the land or building acquired by way of exchange.

SCHEDULE 1A

Parsonage houses and glebe land

Vesting of parsonage houses and glebe land etc.

1 (1) Any parsonage house or glebe land vested in an incumbent of a benefice in right of that benefice on the coming into force of this Schedule shall, in accordance with sub-paragraph (2) below, without any conveyance or further assurance, and freed and discharged from all previously existing trusts in favour of the benefice or of the incumbent, vest in the Board on the vesting date.

(2) The vesting date for the purposes of sub-paragraph (1) above shall be —

(a) in the case of a benefice which is vacant on the date of the coming into force of this Schedule, that date,

(b) in the case of a benefice which is not vacant on that date, the earlier of the following dates —

(i) the date on which the benefice first becomes vacant after the coming into force of this section or is deemed to become vacant on the ending of a suspension period declared under section 67 of the Pastoral Measure 1983 or on the date when a restriction imposed by or under section 24 or 69 of that Measure ceases to be in force, or

(ii) the date on which this Measure applies to the incumbent by virtue of section 1(1) or 1(5) above.

(3) Subject to paragraph 6, in this Schedule —

(a) "glebe land" means land vested in the incumbent of a benefice (when the benefice is full) as part of the endowments of the benefice, other than a parsonage house;

(b) "parsonage house" means the house or other dwelling which is the official residence of the incumbent of a benefice, and includes any outbuildings or land included in the curtilage of any such house or dwelling and any rights appurtenant thereto; and

(c) "the vesting date" means the date specified in sub-paragraph (2) above.

(4) Any rule of law whereby a parsonage house or glebe land vests or is required to be vested in the incumbent of a benefice shall not apply to an incumbent who holds office under Common Tenure.

Rights and obligations attaching to parsonage houses and glebe land

2 (1) Any parsonage house or glebe land which vests in the Board under paragraph 1 above shall so vest, without any conveyance or other assurance, —

(a) subject to, and with the benefit of, any other previously existing leases, tenancies or rights of occupation, and any covenants, conditions, agreements, easements and rights to which that parsonage house or glebe land is subject and of which it has the benefit immediately before the vesting date, and

(b) subject to any trust or charge to which the parsonage house or glebe land is subject immediately before that date other than any trust in favour of the benefice or of the incumbent.

(2) If there is any dispute between the Board and an incumbent or sequestrators —

(a) as to the parsonage house or glebe land or any right which vests in the Board by virtue of paragraph 1 above or this paragraph, or

(b) as to any covenant, condition, agreement, easement or right or trust or charge to which the parsonage house or glebe land was subject or of which it had the benefit immediately before the vesting date,

it shall be decided by the Commissioners, whose decision shall be final and bind both parties to the dispute and any future incumbent of the benefice.

Providing information to Board

3. (1) The Board may from time to time require the incumbent or the sequestrators of any benefice —

(a) to provide the Board with such information relating to any parsonage house or glebe land which vests in the Board under paragraph 1 above as the Board requires to enable it to discharge its functions under this or any other Measure; and

(b) to produce to the Board such documents in his, her or their possession, or under his, her or their control, concerning the parsonage house or glebe land as the Board may specify or describe;

and any person to whom a requirement under this sub-paragraph is directed shall comply with the requirement.

(2) The Board shall, as respects any parsonage house or glebe land which vests in the Board under paragraph 1 above and which is subject to a lease or tenancy, have the same right to require the lessee of that land to provide the Board with any information which it needs relating to that lease as the Board would have if it were the person to whom the rent payable under the lease is for the time being payable.

Parsonage houses and glebe land vested in Board

4 (1) Where any parsonage house has vested in the Board under paragraph 1 above, it shall (subject to sections 6 and 7 above) be held for the purpose of providing a house of residence for the benefice in question or such other benefice for which it is for the time being designated under section 5(1)(a) above.

(2) Where any glebe land has vested in the Board under paragraph 1 above, it shall (subject to Schedule 2 to the Church Act 1992 (an Act of Tynwald)) be held for the purpose of applying the income of it towards the payment of stipends of the clergy of the diocese.

(3) Where any parsonage house or glebe land has vested in the Board under paragraph 1 above, the parsonage house or glebe land shall not form part of the corporate property of the Board and shall be excluded from any property of the Board which may, in the event of any insolvency proceedings against the Board, form part of the Board's assets for the purpose of those proceedings.

Land left or given for certain purposes to be transferred to Board

5 (1) Where on or after the vesting date any land or building —

(a) is acquired by the incumbent of a benefice in his capacity as such (whether alone or jointly with any other person) by way of devise, bequest or gift, and

(b) is by the terms of the devise, bequest or gift to be —

(i) held on permanent trusts for the provision or augmentation of the stipend of the incumbent; or

(ii) used for, or for the extension of, a house of residence for the incumbent,

the incumbent, or the incumbent and that other person, as the case may be, shall transfer or convey the property to the Board to be held by the Board as if it had vested in the Board under paragraph 1 above.

(2) Where a benefice becomes vacant after the incumbent has acquired any property to which sub-paragraph (1) above applies and before he has complied with that sub-paragraph, the bishop shall during the vacancy have power and be under a duty to deal with the property in accordance with that sub-paragraph.

(3) Where sub-paragraph (1) above would apply in relation to any property devised, bequeathed or given to an incumbent of a benefice but for the fact that at the relevant date the benefice is vacant, the Board shall during the vacancy have power to acquire the property in place of the incumbent.

Application to house of residence of bishop

6. This Schedule applies with any necessary modifications to the house of residence of the bishop as it applies to a parsonage house; and references to a parsonage house and an incumbent shall be construed accordingly.]

SCHEDULE 2

Amendment of enactments

The Deaconesses and Lay Ministry Measure 1972

1 In section 1A(b) of the Deaconesses and Lay Ministry Measure 1972 (1972 No. 4) there shall be inserted at the beginning the words "in the case of any such person who is not subject to Common Tenure,".

. . . . .

The Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988

19 In section 7(1) of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (1988 No. 1), for the words "ministers, deaconesses, lay workers and readers" there shall be substituted the words "deaconesses, lay workers and readers who are not subject to common tenure".

The Care of Churches and Ecclesiastical Jurisdiction Measure 1991

20 The Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1) shall be amended as follows. . . .

22 In section 26(1) there shall be added, at the end, the following paragraph —

"[(g)] Schedule 4 to the Pastoral Measure 1983.".

SCHEDULE 3

REPEALS

Act or Measure Extent of repeal
1976 No. 3, The Church of England (Miscellaneous Provisions) Measure 1976 Section 2.
[1983 No. 1, The Pastoral Measure 1983 Section 20(6).
Section 22(1)(c).
In Schedule 4, paragraphs 2 and 3.]
1986 No. 1, The Bishops (Retirement) Measure 1986 Section 6.
In section 7, the words "or an archbishopric is declared vacant under section 6 of this Measure", the words "or archbishop" and the words "or archbishopric".