Union of Benefices Measure, 1923
| Jurisdiction | UK Non-devolved |
| Citation | measure 1923 No. 2 |
| Year | 1923 |
Union of Benefices Measure, 1923.
(14 & 15 Geo. 5.)
A MEASURE passed by the National Assembly of the Church of England
To make provision for Unions of Benefices outside the City of London, for disunions, alterations of boundaries and other purposes, and for matters incidental thereto.
[14th July 1924]
Inquiries.
Inquiries.
1 Diocesan Committee.
The Diocesan Conference of any diocese may appoint any Diocesan Board or standing committee, or a committee specially constituted to deal with matters connected with this Measure, to be the Diocesan Committee for the purposes of this Measure.
It shall be the duty of the Diocesan Committee from time to time to make a general survey of the diocese either as a whole or in sections in relation to the exercise of any of the powers of this Measure, and to consider whether it is expedient that any action be taken thereunder in reference to any benefice or benefices within the diocese and to advise and report to the bishop thereon; and if any report of the committee shall recommend that any such action be taken and shall require the Ecclesiastical Commissioners to initiate proceedings towards the exercise of any of the powers of this Measure, the bishop may forward the report to the Ecclesiastical Commissioners.
2 Bishop on request of Ecclesiastical Commissioners to issue commission as to proposed union of benefices or other proposal.
(1) Whenever the bishop of any diocese shall forward to the Ecclesiastical Commissioners a report of a Diocesan Committee requiring them to initiate proceedings towards the exercise of any of the powers of this Measure in relation to any benefice or benefices in the diocese, and shall signify in writing to the Ecclesiastical Commissioners his approval of the requirement, or it shall appear to the Ecclesiastical Commissioners, whether on their own motion or on any representation made to them, that inquiry ought to be made as to the desirability of uniting any two or more benefices or of exercising in relation to any benefices any of the other powers mentioned in subsection (2) of this section, they shall request the bishop of the diocese in which it is situate that one of the said benefices which has or is considered by them to have the largest population to cause a commission to be issued under his hand and seal addressed to commissioners to be nominated as hereinafter provided, authorising and requiring them to inquire and report to him whether any union should be made or any of such other powers should be exercised, and to inquire into and report upon all such facts and circumstances affecting the benefices named in the commission or any of them and relevant to the matters referred to in the commission as they shall consider expedient, and to make recommendations as to the terms on which any union or other proposal in favour whereof they report shall be carried into effect. The bishop may upon such request issue the commission, and the commissioners shall thereupon make a local inquiry in the prescribed manner and report as to the matters referred to therein.
(2)Powers exercisable under this Measure. The powers exercisable under this Measure include power—
( a ) to unite two or more benefices;
( b ) to divide any benefice and unite all the several parts thereof to other benefices;
( c ) 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; and
( d ) to alter the boundaries of any parish by annexing thereto any contiguous area whether portion of another parish or extra-parochial.
(3)Application to sinecures. The provisions of this Measure as to the union of benefices shall authorise and apply to the union of any one or more sinecure or sinecures with any one or more benefice or benefices, and in relation to any such union references in this Measure to a benefice shall so far as applicable be deemed to include a sinecure: Provided that this subsection shall only apply to a sinecure rectory or vicarage.
(4)Power to alter boundaries extended to benefice not referred to in commission. The foregoing power to alter the boundaries of any parish shall authorise the commissioners, if in the course of their inquiry it shall seem to them expedient, to recommend an alteration of boundaries as between any one or more of the parishes of the benefices to which their inquiry relates and the parish of any other benefice not referred to in the commission, and any such recommendation may, if the patron of such other benefice gives his consent in writing thereto, be carried into effect as part of the report of the commissioners under this Measure.
(5)Commissioners' discretion as to recommendations in their report. The commissioners, in reporting as to the benefices to which their inquiry relates, may make recommendations for the exercise of any one or more of the powers contained in subsection (2) of this section, and if the inquiry relates to more than two benefices, may make such recommendations in respect of any two or more of them, and any such recommendation may be by way of addition or as an alternative to any proposal mentioned in the commission.
(6)Duty of the commissioners in making their report. The commissioners shall in making any report under this Measure have full regard to the circumstances and interests of the parishes affected by their inquiry, and it shall be the duty of each and every of the commissioners to consider the matters under inquiry in their relation to such circumstances and interests and to the interests of religion in England generally.
Constitution of Commissions of Inquiry.
Constitution of Commissions of Inquiry.
3 Constitution and nomination of commission.
(1) The commission shall be constituted and the commissioners shall be nominated as follows, namely:—
( a ) One commissioner shall be nominated by the bishop of the diocese in which the benefices affected by the proposed inquiry are situate, or in case the benefices are situate in more than one diocese then jointly by the bishops of those dioceses;
( b ) One commissioner shall be nominated jointly by the patron and the Parochial Church Council of each benefice affected, or, if in any benefice there are two or more separate Parochial Church Councils, then jointly by the patron and both or all of the Parochial Church Councils;
( c ) Where more than two benefices are affected by the proposed inquiry, one additional commissioner for every two benefices after the first two shall be nominated by the Diocesan Committee (if any), or if the benefices are situate in more than one diocese then by the Diocesan Committee (if any) of the diocese of the bishop by whom the commission is to be issued;
( d ) One other commissioner (who shall act as chairman and have a casting vote in addition to his vote as commissioner) shall be nominated by the Ecclesiastical Commissioners.
(2)Nomination where the bishop is patron. If the bishop of the diocese in which any benefice is situate is also the patron or one of the patrons of that benefice, the bishop shall not in respect of that benefice join in the nomination of a commissioner under subsection (1) ( b ) of this section, and in such case the nomination may be made by the other or others of the parties mentioned in such subsection.
(3)Nomination where there is no Parochial Church Council. In the case of any benefice in which there shall not be any Parochial Church Council, the right to nominate a commissioner in respect of that benefice under subsection (1) ( b ) of this section shall be exercisable solely by the patron: Provided that if the bishop of the diocese in which such benefice is situate is the sole patron thereof, no commissioner shall be nominated under subsection (1) ( b ) of this section in respect of that benefice.
(4)Default by one of the parties to joint nomination. If any of the parties having a joint right of nomination shall neglect or refuse to enter upon or proceed with the nomination of a commissioner, the bishop by whom the commission is to be issued may accept a nomination made or agreed by the other or others of the parties having such joint right without the concurrence of the party in default. And the bishop may act upon such information or evidence of default as he shall consider sufficient. And any nomination so accepted by the bishop shall be valid and effectual for all purposes and notwithstanding that the period of thirty days mentioned in the next subsection hereof may have expired.
(5)Lapse of right of nomination. If the party or parties entitled as aforesaid to the right to nominate a commissioner in respect of any benefice shall, for a period of thirty days after being requested in writing so to do by the bishop by whom the commission is to be issued, fail or neglect or refuse to nominate a commissioner or fail to agree as to the person to be nominated, his or their right to nominate to such commission shall lapse, and in such case (subject as hereinbefore provided) a commissioner in respect of that benefice shall be nominated by the Diocesan Committee of the diocese in which the benefice is situate, if the committee be requested so to do by the bishop by whom the commission is to be issued.
(6)Commission may be issued notwithstanding lapse of right of nomination. The bishop shall in any case where any right to nominate a commissioner in respect of any benefice shall have lapsed as aforesaid, be at liberty to issue the commission to such persons as shall have been duly nominated as commissioners, and the commission shall in such case be valid and effectual notwithstanding such lapse, provided that the number of commissioners be sufficient to form the prescribed quorum.
(7)Inquiries under...
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