Incumbents (Disability) Measure 1945
| Jurisdiction | UK Non-devolved |
| Citation | measure 1945 No. 3 |
| Year | 1945 |
Incumbents (Disability) Measure 1945.
(8 & 9 Geo. 6.)
A MEASURE passed by the National Assembly of the Church of England
To make provision for the cure of souls when through disability arising from age or infirmity (whether bodily or mental) an incumbent of a benefice is unable to discharge adequately the duties attaching thereto and to make provision for payment for the discharge of such duties and for the pension of such incumbent.
[15th June 1945]
Preliminary .
Preliminary .
1 Definitions.
For the purposes of this Measure—
(1) the expression ‘benefice’ comprehends all rectories with cure of souls vicarages perpetual curacies endowed public chapels and parochial chapelries and chapelries or districts belonging or reputed to belong or annexed or reputed to be annexed to any church or chapel and districts formed for ecclesiastical purposes by virtue of statutory authority and includes benefices in the patronage of the Crown or of the Duchy of Cornwall but does not extend to any of His Majesty's Royal Chapels or to any Royal peculiar or to any cathedral or capitular preferment or dignity nor to any chapel belonging to any college school hospital inn of court asylum or public or charitable institution nor to any private chapel:
(2) the expression ‘incumbent’ includes in relation to a benefice a rector with cure of souls, vicar, perpetual curate, curate in charge or minister:
(3) the expression ‘bishop’ means the bishop of the diocese in which the benefice concerned is situate:
(4) the expression ‘pensions authority’ means the Church of England Pensions Board constituted under the Clergy Pensions Measure, 1926 :
(5) the expression ‘Resignation Acts’ means the Incumbents Resignation Acts, 1871 and 1887:
(6) the expression ‘Older Incumbents Measure’ means the Clergy Pensions Older Incumbents Measure, 1930 , and the expression ‘older incumbent’ has the same meaning as in the Older Incumbents Measure.
2 Ministerial Committee.
There shall be constituted in every diocese a Committee, to be called ‘the Ministerial Committee,’ (hereafter in this Measure called ‘the Committee’) which shall consist of clerks in Holy Orders beneficed or licensed under seal to officiate within the diocese in which the Committee is constituted, elected in accordance with the provisions of Part I of the First Schedule to this Measure.
Part I.
Cure of Souls in Case of the Incumbent's Disability .
3 Reference to Committee.
(1) In any case where the bishop is satisfied that such action is proper, he may by notice in writing instruct the Committee to consider and report to him whether in their opinion an incumbent through disability arising from age or infirmity (whether bodily or mental) is unable to discharge adequately the duties attaching to his benefice and if so whether it is desirable—
(i) that he should be given assistance in discharging such duties; or
(ii) that he should resign his benefice;
and in the latter case whether any and if so what annual sum should be secured to him by way of pension in addition to the pension payable by the pensions authority under this Measure. A copy of the notice instructing the Committee shall at the same time be sent by the bishop to the incumbent.
(2) The bishop may, if he so desires, appoint in writing a clerk in Holy Orders as his representative to attend the meetings of the Committee when invited by them to do so.
4 Proceedings of Committee.
(1) The Committee shall consider the questions put to them under the provisions of the foregoing section and shall invite the incumbent concerned and the bishop's representative, if any, to confer with them, either together or separately, and after such conference, or after there has been a reasonable opportunity for such conference, shall make their report in writing answering the questions put to them by the bishop:
Provided that they shall not report that the incumbent is unable to discharge adequately the duties of his benefice unless at least four members of the Committee shall have voted in favour of such report, nor shall they report that it is desirable that the incumbent should resign his benefice unless at least five members of the Committee shall have signified their assent to such report in writing.
(2) At any meeting of the Committee to which the incumbent concerned is invited he may, if he so desires, be assisted, or in his absence represented, by a friend or adviser.
(3) The Committee may at any time before making their report request the bishop or his representative (if any) to make further enquiry into any matter and to communicate the result of such enquiry to the Committee.
(4) The Committee shall send a copy of their report to the incumbent.
5 Bishop's powers.
(1) In any case where the Committee have reported that through disability arising from age or infirmity (whether bodily or mental) an incumbent is unable to discharge adequately the duties of his benefice without assistance, and that it is desirable that he should be given assistance in discharging such duties, the bishop shall have the following powers in respect of such benefice any or all of which shall be exerciseable in his discretion and from time to time (that is to say):—
(i) Power with the consent of the incumbent to appoint and license an assistant curate or curates selected by the bishop with a stipend or stipends fixed by him in accordance with Part II of this Measure;
(ii) Power to direct that certain duties shall be discharged by such curate or curates instead of by the incumbent;
(iii) Power to give leave of absence to the incumbent for a period not exceeding two years and to make provision for the discharge of the duties of the benefice during such period of absence;
(iv) Power to make such other temporary provision for the discharge of the duties attaching to the benefice as the bishop may think fit.
(2) The bishop shall have power to determine the appointment of any curate appointed under this section after such notice as shall be specified in the licence granted to him by the bishop.
(3) The bishop shall cause a record of every exercise by him of the foregoing powers to be filed in the diocesan registry.
6 Bishop's power to declare benefice vacant.
(1) In any case where the Committee have reported that it is desirable that the incumbent should resign his benefice or the incumbent has failed within fourteen days to consent to the appointment of an assistant curate, or curates, when requested by the bishop so to do, under the last preceding section, the bishop shall have power within six months after the receipt of the report of the Committee to execute a declaration of avoidance declaring the benefice void as from a specified date not being less than three or more than six months after the date of the declaration. Provided that as from the date of avoidance there shall be secured to the incumbent:—
( a ) the pension payable by the pensions authority in accordance with the next succeeding section; and
( b ) such annual sum (if any) by way of additional pension as may be agreed between the Committee and the diocesan board of finance:
Provided also that in the case of an incumbent admitted to his benefice before the passing of this Measure the total annual sum secured to him by way of pension and additional pension (if any) shall not be less than two hundred pounds per annum.
(2) Such declaration of avoidance shall, so far as circumstance permit, be in the form contained in the second schedule to this Measure, and shall be signed in quadruplicate in the presence of one witness.
(3) One copy of the said declaration so completed shall be sent to the patron of the benefice, another to the incumbent, another to the pensions authority, and the remaining copy shall be filed in the registry of the diocese.
(4) The said declaration shall entitle the incumbent to receive from the pensions authority and from the diocesan board of finance respectively the annual sums stated therein to have been secured to him.
7 Pension payable by pensions authority.
A clerk whose benefice has been declared void under this Measure shall be entitled, subject to the provisions of this Measure, as from the date of avoidance, to receive during the remainder of his life from the pensions authority a pension of an amount ascertained in manner following (that is to say):—
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