A FORMER Blackburn and Darwen vicar suspended from duty for admitting downloading child porn is still receiving his monthly church salary.

But church officials say they cannot stop him getting the cash - thought to be around £1,600 a month - because of a legal technicality.

Rev Paul Battersby, who was priest in charge at St Mark's Church in Witton for four years and was previously a rector at St Peter's Church, Darwen, is awaiting sentence after admitting three counts of downloading indecent images of children.

The Church of England cannot start its own disciplinary procedure until the judicial case has come to an end.

The Church can therefore not stop payment until it has carried out its own investigation.

As a result Rev Battersby has received at least five stipendiary payments since his arrest.

A spokesman for the Blackburn diocese, which includes Rev Battersby's last post at St Ambrose Church in Leyland, confirmed that he was still receiving payments from the Church of England.

He said: "The reason he is still getting the money is because he remains a parish priest and will do so until sentence is passed.

"He is suspended from his position and has been ever since the allegations came to light.

"He will receive the stipend until the case is resolved.

"The Church has no control over the situation."

Battersby was previously the national youth officer for the Church of England and worked as a teacher before joining the clergy.

He also acted as a principal officer in the Blackburn Diocese Board of Social Responsibility, from 1994 to 1999.

The father-of-two was arrested in May after police seized his computer.

He appeared at Chorley Magistrates' Court on July 20, where he admitted the charges.

He was first due to be sentenced in August but judicial proceedings have been continually delayed.

The diocese spokesman added: "Rev Battersby has had no contact with his parish since he was suspended and other clergy have been assisting with services and other duties as appropriate."

Rev Battersby's position within the church will be dealt with through the Church of England's Clergy Disciplinary Measure, which will take place after sentencing.

A spokesman for the Church of England said: "The matter of continued payment is based on a technicality, which cannot be resolved until judicial proceedings have completely finished.

"It is very difficult legally to stop a stipend."