Part I -- Transfer of Rights of Patronage

3. Transfer of rights of patronage

(1) No right of patronage of a benefice shall be capable of sale and any transfer thereof for valuable consideration shall be void.

(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

(b) the transfer is made by a pastoral scheme.

(3) Where a right of patronage of a benefice is proposed to be transferred otherwise than by a pastoral scheme, 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 —

(a) his intention to transfer that right;

(b) the name and address of the proposed transferee; and

(c) particulars of the terms of the proposed transfer.

(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.

(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 benefice unless the benefice is one to which a suspension period (within the meaning of section 29 of the 2012 Measure) applies and a person holds office as priest in charge for the benefice.

(9) In this section "transfer" means a transfer inter vivos including a transfer by way of exchange; but except in subsection (6) 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.


5. Rights of patronage exercisable otherwise than by patron

(1) Where an office is a patron of a benefice, the person who is for the time being the holder of that office shall, subject to the provisions of Part II of this Measure, be entitled to discharge all the functions of a patron of that benefice.

(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.


6. Registration of advowsons

For the avoidance of doubt, it is hereby declared that the title to an advowson may not be registered pursuant to the Land Registration Act 1982 (an Act of Tynwald).


Part II - Exercise of rights of presentation


7. Notification of vacancies

(1) … where a benefice becomes vacant by reason of the death of the incumbent, the bishop shall, as soon as practicable after he becomes aware of the vacancy, give notice of that fact to the registrar of the diocese.

(2) Where a benefice becomes vacant by reason of resignation or cession, the bishop shall, no later than the day on which the vacancy occurs, give notice of that fact to the registrar of the diocese.

(2A) Where the bishop is aware that the benefice is shortly to become vacant by reason of resignation or cession, the bishop may give notice of that fact to the registrar of the diocese; and where the bishop does so before the vacancy occurs, the bishop is to be regarded as having given the notice required under subsection (2).

(4) … as soon as practicable after receiving a notice under subsection (1), (2) or (2A) 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; ….

(4A) A notice under subsection (4) shall specify —

(a)the date on which the benefice became, or is expected to become, vacant,

(b) a date referred to in the notice as “the start date”, being either the date on which the notice is sent or, if the bishop so directs having had regard to all the circumstances, a date no later than three months after the date specified under paragraph (a), and

(c) such information about the procedure for filling the vacancy as may be prescribed or, if no such information is prescribed, such information as the registrar considers will assist the patron and parochial church council in carrying out functions in respect of the vacancy.

(4B) In the case of a benefice in respect of which there is more than one registered patron, the registrar shall also send the notice under subsection (4) to each person who would be entitled to present to the benefice on the next or any subsequent turn; and, when doing so, the officer must request each of those persons to provide an email address and such other contact details as may be specified in the request.

(4C) Subsections (1) to (2A) are subject to section 32 of the Mission and Pastoral Measure (Isle of Man) 2012 (which modifies this Measure in cases where presentation to a benefice is suspended or restricted). …


8. Provisions as to declarations of membership

(1) Where the patron of a benefice is an individual and is not a clerk in Holy Orders, he shall on receiving notice of a vacancy in the benefice under section 7(4) of this Measure —

(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

(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.

(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.

(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

(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.

(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) —

(a) if able to do so, make the declaration of membership, or

(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.

(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.


9. Information to be sent to registrar

(1) Before the expiration of the period of two months beginning with the date on which a benefice becomes vacant, a patron who is an individual shall send to the registrar of the diocese —

(a) the declaration of membership made by him, or

(b) the name and address of his representative and the declaration of membership made by that representative.

(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.

(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.


10. Disqualification for presentation

Where the patron of a benefice or the representative of that patron, is a clerk in Holy Orders or is the spouse of such a clerk, that clerk shall be disqualified for presentation to that benefice.

11. Requirements as to meetings of parochial church council

(1) As soon as practicable after the start date specified in the notice under section 7(4) and in any event before the end of the period of six months beginning with that date, one or more meetings of the parochial church council shall be held for the purposes of —

(a) preparing a statement describing the conditions, needs and traditions of the parish;

(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.

(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 —

(a) the outgoing incumbent or the spouse or civil partner of the outgoing incumbent, or

(b) the patron, or

(c) the representative of the patron,

shall attend that meeting.

(3) None of the following members of the parochial church council, that is to say —

(a) any person mentioned in subsection (2) above, and

(b) any deaconess or lay worker licensed to the parish,

shall be qualified for appointment under subsection (1)(b) above.

(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.


12. Joint meeting of parochial church council with bishop and patron

(1) Where a request for a meeting under this section is made —

(a) by a notice sent by the patron or the bishop to the secretary of the parochial church council, or

(b) by a resolution of the parochial church council, passed at a meeting held under section 11 of this Measure,

a 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).

(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 or civil partner 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 as soon as practicable after the start date specified in the notice under section 7(4) and in any event before the end of the period of six months beginning with that date, 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

(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.