Effect of the Ecclesiastical Offices (Terms of Service) Measure 2009 in relation to pastoral reorganisation

The following was e-mailed to all Diocesan Secretaries, Diocesan Mission and Pastoral Committee Secretaries, Diocesan Registrars, Archdeacons (on 4 and 7 September 2009):

Ecclesiastical Offices (Terms of Service) Measure 2009 and draft Ecclesiastical Offices (Terms of Service) Regulations 2009

Effect in relation to Pastoral Re-organisation

A number of you have been raising queries about the effect of the Common Tenure provisions on pastoral reorganisation. I, therefore, summarise below the effects of the Measure and Regulations, as currently drafted, on pastoral reorganisation issues. We think that the Measure and Regulations will probably take effect in the second half of 2010 but I thought it would be helpful to let you know how things stand at present, as you may need to take account of what the position will be thereafter in decisions you make now.

Terms of Office of Team Rectors, Team Vicars and other members of a team

The effect of the amendments to s.20 of the Pastoral Measure made by s. 11(4) and Schedule 2 of the 2009 Measure is that from the date the 2009 Measure comes into operation the specified term of years in existing team ministries will cease to apply to all existing office holders apart from Team Rectors who opt not to go onto Common Tenure. “Opted-out” Team Rectors, except any who still hold freehold team-rector posts, will automatically go onto Common Tenure when their current fixed-term expires. Their terms cannot be extended on an opted-out basis. All other members of a team will go onto Common Tenure immediately and will no longer be on fixed terms. In teams which come into effect after the 2009 Measure takes effect all members of the team will be on Common Tenure, if they are not already, from the date on which the Scheme comes into operation.

Suspension and Restriction of Presentation

The provisions for suspension of presentation under s.67 of the PM and restriction of presentation under s.69 are unaffected and suspension of presentation can still be renewed or a second suspension imposed during the same vacancy.

Priests-in-Charge of benefices subject to suspension or restriction on presentation

Priests-in-charge appointed to benefices where presentation is suspended or restricted because of possible pastoral re-organisation (or until a parsonage house is replaced) will be on Common Tenure but their term of office, although not a fixed term, can end either by pastoral re-organisation as a result of which the office disappears or when the vacancy ends (i.e. the suspension or restriction comes to an end and someone else is presented as incumbent). In either event, by virtue of draft Regulation 30(5) the Priest-in-Charge would be entitled to compensation of one year’s loss of stipend and accommodation if not appointed to another post. This applies however long the person has been Priest-in-Charge (e.g. where suspension of presentation has been renewed for one or more times) and irrespective of whether they were licensed before or after s. 3 consultations have begun under the Pastoral Measure.

Where presentation is suspended because the benefice is not regarded as a full-time post and is to be held with another post a Priest-in-Charge is on Common Tenure but may be appointed for a term which provides for termination on a specified event (i.e. ceasing to hold the other post). This will be under draft Regulation 29(1)(d) if it falls under Regulation 29(4) and part of the remuneration (which includes accommodation and expenses as well as stipend) is provided  by “a person or body other than a diocesan board of finance, parsonages board, parochial church council or the Commissioners” or under draft Regulation 29(1)(e) if it is held with another Church-funded post.  In those circumstances the P-in-C would not be entitled to any compensation on the termination or his or her term.

Compensation for loss of office as a result of Pastoral Reorganisation

Incumbents, team vicars and archdeacons whose posts disappear as a result of pastoral reorganisation and who are not offered another post will remain entitled to full compensation (stipend and housing up to the age of 65 and pension thereafter) for loss of office under Schedule 4 of the Pastoral Measure. In the case of team rectors and team vicars, because their terms of office will no longer be time-limited, this will mean that in most cases their entitlement to compensation will be greater then before, as previously it would have been based only on the loss sustained until the end of their fixed term (unless they had given up a freehold to take up a fixed-term post). All other office holders would be entitled to one year’s stipend and housing for loss of office in those circumstances under draft Regulation 30(5).

The exception is that incumbents or team vicars appointed to a benefice or team ministry and archdeacons appointed to an archdeaconry after s. 3 consultations under the Pastoral Measure have begun and whose posts are designated as subject to pastoral reorganisation are on “limited Common Tenure” and entitled to the Regulation 30(5) compensation if the reorganisation is completed within five years. However, if the post does not cease to exist as a result of pastoral reorganisation within five years, the post will then be held on full Common Tenure and the post holder would then be entitled to full Schedule 4 compensation for subsequent loss of office as a result of pastoral reorganisation. Suspension or restriction of presentation once the s.3 trigger has become operative may therefore be desirable to enable posts to be kept vacant pending reorganisation (Please bear in mind that because of an oversight in the drafting of the DPMM in many cases the automatic restriction of presentation under s.69(1) of the Pastoral Measure is not, at present, being triggered – see separate advice note emailed on 10 July by clicking here. Until the proposed consolidation Measure for the DPMM and Pastoral Measure takes effect therefore, it will be necessary to suspend presentation in this situation).

“Priests-in-charge” of parishes

The status of incumbents or others who are licensed to take charge of particular parishes of a vacant benefice rather than as priest-in-charge of the whole benefice is important in this respect. This often arises where Dioceses are trying out possible reorganisation which would involve the dissolution of the vacant benefice and the transfer of its constituent parishes to two or more adjoining benefices. In such a situation presentation to the vacant benefice may be suspended but rather than appointing a single priest-in-charge neighbouring incumbents (or priests-in-charge) may each be licensed to serve in one or more of the constituent parishes of the vacant benefice. Technically, “priests-in-charge” of this sort are licensed to serve in the additional parishes as assistant curates. After the Terms of Service Measure comes into operation this means that they would need a separate Statement of Particulars for that post. The “curate-in-charge” post would be held on full Common Tenure so would also have to be designated under Regulation 29(1)(e) as held in conjunction with the incumbency or priest-in-charge post so that a post-holder who resigned from the latter would also have to resign from the “curate-in-charge” post. It is unlikely that the issue of compensation would arise if the person concerned ceased to be licensed to the additional parish following reorganisation as, although they would lose that post, they would have suffered no loss if they retained their original post with its full stipend and housing.

Please click here for a flowchart showing the effect of the new Measure.

Workshops for Dioceses

You may already know that the Terms of Service Implementation Panel will be running a series of workshops for dioceses about the legislation in the autumn and early part of next year. It is intended that members of the Pastoral Team will be attending these sessions to discuss any issues you might wish to raise relating to its impact on our area of work. However, please feel free to raise any questions which immediately occur to you before the workshops as it may be helpful for us to consider them in advance.

Any queries on the above should be addressed initially to your usual contact  in the Pastoral Division of the Church Commissioners (click here for contact details).