Procedures for selecting a new incumbent when a benefice becomes vacant.
The Patronage (Benefices) Measure 1986 and Patronage (Benefices) Rules 1987 set out the procedure to be followed for selecting a new incumbent when a benefice becomes vacant.
Under the provisions of the Mission and Pastoral Measure 2011, the Bishop has the power to suspend the patron’s right of presentation to the vacant benefice, in order to allow plans for pastoral reorganisation to be considered or implemented. In such a case the Bishop may wish to appoint a priest-in-charge. Although a priest-in-charge is legally different from an incumbent, in that a priest-in-charge does not have a freehold, their respective responsibilities in the parish are the same, and parishioners will be unlikely to know that there is a difference. Moreover the procedures for appointment are very similar.
Forms are prescribed by the Patronage (Benefices) Rules 1987 for use by Patrons and Parochial Church Councils in connection with the appointment of an incumbent (but not in the case of the appointment of a priest-in-charge). If you would like a copy of any of the forms in Adobe Acrobat or Word format, please contact the Diocesan Registry, or use the links below for Word versions.
Form 15 – Individual Patron’s Declaration/Appointment of Representative
This Form is used to allow an individual Patron wishing to exercise a right of presentation to make the required declaration that they are a communicant member of the Church of England. For this declaration, Part A of the Form is used. If the Patron is not able to make this declaration, but wishes to appoint a representative to act in the Patron’s place, the representative should complete Part B of the Form.
Form 16 – Appointment of Representative by Patron (not an individual)
This Form is used where the right of presentation is held by a corporate body. The Form enables the patron to nominate a representative to act on its behalf, and the representative makes a declaration that he or she is a communicant member of the Church of England.
Form 17 – Notification of Intention to Institute or Collate
This form is sent to the relevant PCC Secretaries once a candidate has been appointed, to give public notice of the intention to institute or collate a new incumbent. The new incumbent will be collated if the sole patron is the Bishop, or instituted if there are other patrons.
The Form 17 is prepared by the Diocesan Registry, and sent to the PCC Secretary not later than 3 weeks before the proposed date of institution/collation. The PCC Secretary must arrange for the notice to be displayed on the door of the parish church for at least 2 weeks before the date of institution/collation.
Form 30 – Notification of Vacancy to Designated Officer
This form is used when a vacancy arises in a benefice, and starts the process under which a new incumbent is appointed. The Bishop gives notice to the “designated officer”, who in Norwich is the Diocesan Secretary, and copies the notice to the Diocesan Registrar. The designated officer then notifies the registered patron(s) and the secretary of the relevant PCCs.
Form 34 – Appointment of Parish Representatives
When there is a vacancy in a benefice, the Designated Officer of the Diocese (in Norwich, the Diocesan Secretary) serves notice of the vacancy in Form 31 on the relevant Parochial Church Councils. The PCCs then hold a meeting to consider various resolutions, and then serve notice in Form 34 on the Bishop, the Patron, and the Designated Officer, giving details of the resolutions passed at the meeting. PCCs should also attach to the Form a statement prepared by the PCC describing the conditions, needs and traditions of the Parish. The Form also records any previous Resolutions A or B made by the PCC under the Priests (Ordination of Women) Measure 1993. Each PCC within in the benefice should complete its own Form 34, even if the PCCs have held a joint meeting and made joint resolutions.
Form 35 – Bishop or Patron’s Request for Section 12 Meeting
Within 10 days of receiving the Form 34 and any accompanying parish statement, the Bishop or the Patron may use this Form to give notice to the PCC(s) that they wish to have a meeting to discuss the contents of the statement. The meeting should be held within six weeks, and the PCC Secretary or Secretaries must give at least 14 days notice of the meeting to all entitled to attend, unless all agree to the meeting being held at shorter notice.
Form 36 – Approval by Bishop of Offer of Benefice
When a priest is willing to accept an offer to fill the vacancy, the Patron must seek the Bishop’s approval of the making of the offer by completing the first part of the Form and then sending it to the Bishop for his approval or otherwise to be endorsed on the second part of the Form. The Form is then returned to the Patron.
Form 37 – Approval by Parish Representatives of Offer of Benefice
When a priest is willing to accept an offer to fill the vacancy, the Patron must also seek the approval of the parish representatives to the making of the offer by completing the first part of Form 37 and then sending it to the Parish Representatives for their approval or otherwise to be endorsed on the second part of the Form. The Form is then returned to the Patron. If the parish representatives do not return the Form within two weeks, their approval is deemed to have been given.
Form 38 – Patron’s Notice of Presentation
When the Patron has received both the Bishop’s approval and the parish representatives’ approval, the Patron should complete Form 38 and send it to the Bishop, who will then make arrangements for the institution of the new incumbent.
Notice of Lapse
Since 1 July 2018, by virtue of section 12 of the Mission and Pastoral etc. (Amendment) Measure 2018, where no notice of Presentation has been received by the Bishop within 12 months of the date when the vacancy arose, the right to present a new incumbent lapses to the Diocesan Bishop.
During a vacancy, the Churchwardens and Rural Dean will have additional responsibilities as sequestrators of the benefice.
Patronage Register
A Patronage Register is maintained at the Diocesan Registry. There are also details available on the Diocese of Norwich website.
If you require details of the Patrons for a benefice please email the Diocesan Registry Clerk to request this information.
The Patronage Register has contact details for all the Patrons of the benefice and details of which patron presented the current incumbent, and the order in which subsequent presentations may be made.
The principal law relating to patronage is contained in the Patronage (Benefices) Measure 1986 and the Patronage (Benefices) Rules 1987.
Transfers of Patronage
Information about the transfer of a patronage, and relevant forms.
Transfers of patronage are dealt with by the Diocesan Registry Clerk, Joanna Pelan.
A right of patronage may not be sold and holds no financial value, but it may be the subject of a voluntary lifetime transfer where a living Patron no longer wishes to act. This may be appropriate where the Patron has moved away from the area and is no longer able to take a meaningful interest in the affairs of the benefice, or perhaps because the Patron has become elderly, or is unable to make the declaration that he or she is a communicant member of the Church of England, though it should be noted that none of these circumstances places any obligation on the Patron to transfer his or her rights of patronage.
A right of patronage will pass upon the death of a Patron to his or her Personal Representatives or Executors, who may then vest the right of patronage in the person or persons who inherit the right from the deceased Patron. Patrons often forget to specify in their wills what should happen to their patronage rights, in which case the patronage would pass to the beneficiary or beneficiaries of the residue of the Estate. It is preferable for Patrons to address this question in their Will, or to pass on their rights before they die, by a voluntary lifetime transfer.
There are no fees payable for the transfer of patronage.
The following are the prescribed forms to be used by Patrons or their Personal Representatives/Executors in connection with the transfer of rights of patronage.
Form 8 – Notice to the Bishop and to the Registrar of Proposed Transfer
This is the formal notice which initiates the transfer of patronage. The patron or their personal representative should complete this form and send copies to the Bishop and to the Registrar of the Diocese. Upon receipt of Form 8, the Registrar will send copies of the notice to the PCC(s) of the benefice, who will have a month in which to make representations to the Bishop concerning the proposed transfer.
Form 12 – Transfer of Patronage Inter Vivos
If no representations are made by the PCC(s), the patron will be asked to complete a transfer in Form 12 and lodge it in the Diocesan Registry, when it will be registered by the Registrar, who will send the new patron a Certificate of Registration. A new patron may not exercise the right of patronage until his name has been entered by the Registrar in the Register of Patrons, and no transfer shall take effect during a vacancy in a benefice.
Form 13 – Transfer upon Appointment of New Trustees
Where a right of patronage is vested in trustees, and a trustee dies, or retires, or a new trustee is appointed, the other trustees should apply to the Registrar, using Form 13, for the change of trustees to be recorded in the Register of Patrons.
Form 14 – Transfer of Patronage by Personal Representatives
Personal Representatives/Executors wishing to transfer a right of patronage to the person or persons entitled to the right under a deceased Patron’s Will, or upon an intestacy, should complete a transfer using Form 14 and send it to the Diocesan Registrar for registration, together with an Office Copy of the Grant of Probate or Letters of Administration.