Pastoral Reorganisation Measure, 1949
| Jurisdiction | UK Non-devolved |
| Citation | measure 1949 No. 3 |
Pastoral Reorganisation Measure, 1949
(12, 13 & 14 Geo. 6)
A MEASURE passed by the National Assembly of the Church of England
To make better provision for the cure of souls by simplifying the procedure for the union of benefices and the holding of benefices in plurality, to restrict temporarily the exercise of rights of patronage in certain cases, to provide for the partial diversion of the endowment income of certain benefices, to amend the Pluralities Act, 1838, and the Reorganisation Areas Measure, 1944, and for purposes connected therewith.
[14th July 1949]
1 Appointment of Pastoral Committee.
(1) The diocesan conference of every diocese to which this Measure applies in whole or in part shall as soon as possible after the passing of this Measure appoint a committee to be known as the Pastoral Committee (hereafter in this Measure called ‘the Committee’), which may be either the Diocesan Reorganisation Committee constituted under the Diocesan Reorganisation Committees Measure, 1941 , or a new Committee constituted in such manner as the Diocesan Conference may determine but so that—
( a ) the bishop and the archdeacon of every archdeaconry in the diocese shall be ex officio members, and
( b ) the remaining members (of whom not less than one-third shall be of the clergy and not less than one-third of the laity) shall be appointed in such manner as the diocesan conference may determine whether by election by ballot or otherwise.
(2) There shall be transferred to the Committee on its appointment all the powers and duties of the Diocesan Committee appointed under the Union of Benefices Measure, 1923 , or which would be possessed thereby if such a Committee had been appointed, and of the appropriate diocesan committee referred to in section one of the Benefices (Suspension of Presentation) Measure, 1946 .
(3) The Committee shall be responsible to the Diocesan Conference and shall present annually to the Conference a report of its activities during the preceding year. The Secretary of the Conference shall within one month after such presentation send to the Church Commissioners (hereafter in this Measure referred to as ‘the Commissioners’) a copy of the report together with any resolutions passed thereon by the Conference.
(4) In any case where the Committee is not the Diocesan Reorganisation Committee, the rules of procedure set out in the First Schedule to this Measure shall apply to the Committee.
2 Application of Measure to reorganisation areas.
Unless the Committee shall also be the Diocesan Reorganisation Committee, none of the powers contained in this Measure shall be exercised so as to affect any benefice or parish within an area which has been declared an ecclesiastical reorganisation area under the Reorganisation Areas Measure, 1944, except at the request or with the consent of the Diocesan Reorganisation Committee.
3 Recommendations of Committee and approval thereof by the bishop.
(1) It shall be the duty of the Committee from time to time as may be directed by the bishop to make a general survey of the diocese either as a whole or in sections, and after consultation so far as is practicable with the incumbents and parochial church councils concerned to make recommendations for the better provision for the cure of souls within the diocese or any part thereof. In particular the Committee may in relation to any two or more benefices or parishes recommend—
( a ) the exercise of any one or more of the powers contained in the Union of Benefices Measures, 1923 to 1936, including power—
(i) to unite two or more benefices;
(ii) to divide any benefice and to unite all the several parts thereof to other benefices;
(iii) to sever from any benefice any part or parts thereof and to unite the part or parts so severed to any other benefice or to other benefices; or
(iv) to alter the boundaries of any parish by annexing thereto any contiguous area whether portion of another parish or extra-parochial; or
( b ) the holding by an incumbent of any two or more benefices in plurality and the manner in which the rights of patronage of such benefices are to be exercised during the holding thereof in plurality.
(2) In making their recommendations the Committee shall take into account each of the following matters—
( a ) the making of the best possible provision for the ministry of the Word and Sacraments in the diocese as a whole, including the provision of appropriate spheres of work and conditions of service for all persons engaged in the cure of souls and the provision of reasonable remuneration for such persons;
( b ) respect for the traditions, needs and characteristics of individual parishes; and
( c ) the possibility of the use of the ministry of duly authorised laymen.
(3) When recommending the holding by an incumbent of any two or more benefices in plurality, the Committee shall have regard to the matters referred to in subsections (7) and (9) of section five and in section six of this Measure.
(4) The recommendations of the Committee as regards the diocese or any area therein shall forthwith be submitted to the bishop for his approval, and if the bishop shall approve the same, either without amendment or with amendments agreed to by the Committee, he shall forward the same with such amendments (if any) to the Commissioners as provisional proposals, and the Commissioners shall forthwith send a copy thereof to the patron of every benefice therein recommended to be united with or held in plurality with any other benefice or benefices together with a copy of sections seven, nine and ten of this Measure, and shall also send a copy of the said proposals to the incumbent of every benefice and the parochial church council of every parish concerned.
(5) All provisional proposals shall recommend the event or contingency on the happening of which any matter proposed therein shall come into operation, but in the case of any matter proposed affecting a benefice which is full at the date of the proposals the proposals shall only recommend the coming into operation of such matter earlier than the next vacation of such benefice with the consent in writing of the incumbent.
4 Procedure when action under the Union of Benefices Measures is proposed.
(1) Where by any provisional proposals it is recommended that any one or more of the powers contained in the Union of Benefices Measures, 1923 to 1936, should be exercised, the Commissioners may prepare a scheme to give effect to such recommendations, and all the provisions of the Union of Benefices Measures, 1923 to 1936, shall apply to such a scheme as if it had been based upon the report of a commission of enquiry constituted under the said Measures and approved by the bishop of the diocese affected.
(2) His Majesty in Council may at any time after the issuing of any Order affirming any such scheme as is mentioned in subsection (1) of this section (whether or not such scheme has come into operation) make a subsequent Order affirming a scheme submitted to His Majesty in Council by the Commissioners varying or revoking the original Order, provided that the scheme so submitted shall be made in accordance with the same procedure as is hereby required in the case of the original scheme.
5 Procedure when plurality is proposed.
(1) Where by any provisional proposals it is recommended that an incumbent should hold any two or more benefices in plurality, the Commissioners shall consult with the bishop and the Committee as to any amendments to the provisional proposals which appear to the Commissioners to be necessary or desirable, and thereafter may cause to be prepared a draft of an order to be made by the bishop under this section.
(2) When a draft order has been approved by the bishop and the Committee, the Commissioners shall send a copy thereof to the incumbent and patron of every benefice and the parochial church council of every parish affected thereby and also to the rural dean of every deanery in which there is a parish affected thereby, together with a notice stating that consideration will be given by the Commissioners to any representations received by them before such date (which shall not be less than six weeks from the date of the sending of the notice) as may be specified in the notice.
(3) Any person to whom such a notice as aforesaid is required to be sent may make representations thereon in writing to the Commissioners at any time before the date specified for the purpose in the notice, or within such further period as the Commissioners may for special reasons allow.
(4) The Commissioners shall consider any representations so made to them in consultation with the bishop and the objectors and may request the bishop or the Committee to confer with the objectors thereon, and before deciding whether or not to certify their approval of the draft order the Commissioners may refer the matter to a special committee appointed by the Commissioners for consideration and report.
(5) Subject to such consultation and after full consideration of any representations made to them, the Commissioners may
( a ) certify their approval of the draft order either without amendment or with amendments agreed to by the bishop and the Committee; or
( b ) refuse to approve the draft order, but such refusal shall not prejudice the subsequent submission of different proposals affecting the same benefices.
(6) If the Commissioners shall certify their approval of the draft order, it shall be lawful for the bishop to make an order in writing under his hand in the terms of the draft order as approved by the Commissioners.
(7) An order made under...
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