E
Ecclesiastical Jurisdiction and Care of Churches Measure 2018
2018 No. 3
A Measure passed by the General Synod of the Church of England to consolidate with corrections and minor improvements certain enactments relating to ecclesiastical jurisdiction and the care of churches and other places of worship.
[10th May 2018]
PART 1 ETHE ECCLESIASTICAL COURTS
The consistory courtsE
1The consistory courts: continuationE
2Judge: appointmentE
3Judge: term of officeE
4Deputy judge: appointment and term of officeE
5Regulations as to maximum number of offices heldE
6Judge and deputy judge: oathsE
7JurisdictionE
8ProceedingsE
The Arches and Chancery CourtsE
9The Arches and Chancery Courts: continuationE
10Judges: appointmentE
11The Dean of the Arches and Auditor: term of officeE
12Deputy Dean of the Arches and Auditor: appointment and term of officeE
13Judges: oathsE
14JurisdictionE
15ProceedingsE
The Court of Ecclesiastical Causes ReservedE
16The Court of Ecclesiastical Causes Reserved: continuationE
17Judges: appointmentE
18JurisdictionE
Commissions of reviewE
19Commissions of review: continuationE
20ProceedingsE
Privy Council appealsE
21Appellate jurisdiction of Her Majesty in CouncilE
MiscellaneousE
22Vacancy in see etc.E
23Officials Principal etc.E
24Place where courts etc. to sitE
25Evidence and contemptE
26CostsE
27Other ecclesiastical jurisdictionsE
PART 2 ELEGAL OFFICERS
28Provincial registrar: continuation of officeE
(1)For the province of Canterbury, there is to continue to be an office the holder of which is known as the registrar of the province of Canterbury; and the holder of that office is also the legal adviser to the Archbishop of Canterbury.
(2)For the province of York, there is to continue to be an office the holder of which is known as the registrar of the province of York; and the holder of that office is also the legal adviser to the Archbishop of York.
(3)The registrar of a province is appointed by the archbishop of the province.
(4)The registrar of the province of Canterbury must exercise the functions conferred or imposed by or under an enactment or Canon on that registrar or on the registrar of the Arches Court of Canterbury.
(5)The registrar of the province of York must exercise the functions conferred or imposed by or under an enactment or Canon on that registrar or on the registrar of the Chancery Court of York.
(6)The office of registrar of a province may be held by two persons jointly; but either of those persons may exercise any of the functions mentioned in subsection (4) or (5).
(7)The references in subsections (4) and (5) to functions conferred or imposed on the registrar include a reference to any function which—
(a)had been exercisable by the archbishop's legal secretary before the abolition of that office under section 6(4) of the Ecclesiastical Judges and Legal Officers Measure 1976, and
(b)was exercisable by the registrar by virtue of section 3(2) of that Measure immediately before the commencement of this section.
(8)Before appointing a person as the registrar of a province, the archbishop of the province must consult the Archbishops' Council if the person would, in acting under that appointment, be exercising—
(a)functions exercisable as Joint Registrar of the General Synod (see Article 4(3) of the Constitution of the General Synod in Schedule 2 to the Synodical Government Measure 1969), or
(b)functions relating to or connected with the election or choice of members of either Convocation or the House of Laity of the General Synod.
29Provincial registrar: deputy etc.E
(1)The registrar of a province may, with the consent of the archbishop of the province, appoint a fit and proper person to act as deputy registrar of the province for such period or for such purpose as is specified in the instrument of appointment.
(2)A person appointed as deputy under subsection (1) has the same powers and duties as the registrar; but, in the case of an appointment for a specified purpose, the reference to having those powers and duties is a reference to having them for that purpose only.
(3)Where the registrar of a province ceases to hold that office, a person appointed as deputy under subsection (1) ceases to hold that office when a new registrar is appointed.
(4)Subsection (5) applies if—
(a)in the opinion of the archbishop, the registrar of the province is for any reason unable or unwilling to exercise the duties of registrar or it would be inappropriate for him or her to exercise them, and
(b)there is no person appointed as deputy under subsection (1) able to perform those duties.
(5)The archbishop may request the registrar of the other province to appoint a fit and proper person to perform the duties for such period as is specified in the instrument of appointment.
(6)A person appointed under subsection (5) has the same powers and duties as the registrar referred to in subsection (4).
(7)Before the appointment of a person as deputy registrar of a province is made, the archbishop of the province must consult the Archbishops' Council if the person would, in acting under that appointment, be exercising functions of the description given in section 28(8).
30Diocesan registrar: continuationE
(1)For each diocese, there is to continue to be an office the holder of which is known as the registrar of the diocese; and the holder of that office is also the legal adviser to the bishop of the diocese.
(2)The registrar of a diocese is appointed by the bishop of the diocese.
(3)Before making an appointment under subsection (2), the bishop must consult the bishop's council and standing committee of the diocesan synod.
(4)The registrar of a diocese must exercise the functions conferred or imposed by or under an enactment or Canon on the registrar or on the registrar of the consistory court of the diocese.
(5)The office of registrar of a diocese may be held by two persons jointly; but either of those persons may exercise any of the functions referred to in subsection (4).
(6)The reference in subsection (4) to functions conferred or imposed on the registrar includes a reference to any function which—
(a)had been exercisable by the bishop's legal secretary before the abolition of that office under section 6(4) of the Ecclesiastical Judges and Legal Officers Measure 1976, and
(b)was exercisable by the registrar by virtue of section 4(2) of that Measure immediately before the commencement of this section.
31Diocesan registrar: deputyE
(1)The registrar of a diocese may, with the consent of the bishop of the diocese, appoint a fit and proper person to act as deputy registrar of the diocese for such period or for such purpose as is specified in the instrument of appointment.
(2)A person appointed as deputy under subsection (1) has the same powers and duties as the registrar; but, in the case of an appointment for a specified purpose, the reference to having those powers and duties is a reference to having them for that purpose only.
(3)Where the registrar of a diocese ceases to hold that office, a person appointed as deputy under subsection (1) ceases to hold that office when a new registrar is appointed.
(4)Subsection (5) applies if—
(a)in the opinion of the bishop of the diocese, the registrar of the diocese is for any reason unable or unwilling to exercise the duties of registrar or it would be inappropriate for him or her to exercise them, and
(b)there is no person appointed as deputy under subsection (1) able to perform those duties.
(5)The bishop may request the registrar of the province in which the diocese is situated to appoint a fit and proper person to perform the duties for such period as is specified in the instrument of appointment.
(6)A person appointed under subsection (5) has the same powers and duties as the registrar of the diocese.
(7)In a case where the registrar of a diocese is also the registrar of the province within which the diocese is situated, subsection (5) has effect as if the reference to the registrar of that province were a reference to the registrar of the other province.
32Registrars: term of officeE
(1)The term of a person's appointment as registrar of a province or diocese ends with the day on which the person reaches—
(a)the age of 70, or
(b)such lower age as the House of Bishops may specify in regulations.
(2)Provision made in regulations under subsection (1)(b) does not apply to a person who, at the date on which the provision comes into force, is the holder of an office to which the provision applies.
(3)The registrar of a province may resign the office by instrument in writing signed by him or her and addressed to, and served on, the archbishop of the province.
(4)The registrar of a diocese may resign the office by instrument in writing signed by him or her and addressed to, and served on, the bishop of the diocese.
(5)An instrument of the kind referred to in subsection (3) or (4) must specify the date on which the resignation is to take effect; and that date must be—
(a)at least twelve months after the service of the instrument, or
(b)such earlier date as the archbishop or bishop in question may allow.
(6)The archbishop of a province may, with the consent of the other archbishop, terminate the appointment of a person as registrar of the province; the power is exercisable by instrument in writing signed by the archbishop and addressed to, and served on, the person.
(7)The bishop of a diocese may, with the consent of the archbishop of the province in which the diocese is situated, terminate the appointment of a person as registrar of the diocese; the power is exercisable by instrument in writing signed by the bishop and addressed to, and served on, the person.
(8)An instrument of the kind referred to in subsection (6) or (7) must specify the date on which the termination is to take effect; and that date must be at least twelve months after the service of the instrument.
(9)Regulations under this section—
(a)must be laid before the General Synod, and
(b)may not come into force unless they have been approved by the Synod.
33Regulations as to maximum number of offices heldE
(1)The House of Bishops may by regulations make provision with respect to the maximum number of registrarships, whether of a province or of a diocese, which any one person may hold.
(2)Regulations under subsection (1) may not prohibit a person who, at the time the provision comes into force, holds more than the specified maximum number of registrarships from continuing to do so.
(3)Regulations under subsection (1)—
(a)must be laid before the General Synod, and
(b)may not come into force unless they have been approved by the Synod.
34Prohibition on appointment as archdeacon's official principal or registrarE
(1)The prohibition on making an appointment to the office of official principal of an archdeacon or to the office of registrar of an archdeacon (imposed by section 7 of the Ecclesiastical Judges and Legal Officers Measure 1976) is to continue.
(2)Any duty which, immediately before the commencement of this section, was exercisable by virtue of section 7(2) of the Ecclesiastical Judges and Legal Officers Measure 1976 (duty of chancellor to exercise duties of official principal and duty of diocesan registrar to exercise duties of registrar) is to continue to be exercisable on the same basis.
(3)For the avoidance of doubt, it is hereby declared that the registrar of an archdeacon has no duty to attend at a visitation of the archdeacon; and, accordingly, the registrar of a diocese has no duty by virtue of subsection (2) to attend at an archdeacon's visitation.
PART 3 ECARE OF CHURCHES ETC.
General dutyE
35Duty to have regard to church's purposeE
Diocesan Advisory CommitteesE
36Advisory committees: continuationE
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The list of places of worshipE
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39Application for inclusion in the listE
40Application: who may applyE
41Application: requirements for consent etc.E
42Determination of application, removal from listE
43Effect of inclusion in the listE
44The list: supplementary provisionE
InspectionE
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46Inspection: contents etc.E
47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Role of churchwardens, PCCs and archdeaconsE
49Role of churchwardens in recording informationE
50Role of churchwardens in inspecting fabric etc. of churchE
51Role of PCC in maintaining etc. trees in churchyardsE
52Role of archdeacon in convening meeting in a case of defaultE
53Role of archdeacon in ordering deposit of articles in place of safetyE
Parochial librariesE
54Preservation etc. of parochial librariesE
InterpretationE
55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4 EFACULTY JURISDICTION
Application of jurisdictionE
56Churches, churchyards and articlesE
57Curtilages of churchesE
58Buildings licensed for public worship on or after 1 March 1993E
59Buildings licensed for public worship before 1 March 1993E
ProcedureE
60Parties to faculty proceedingsE
Subject-matter of facultyE
61Vesting of privately owned parts of churchE
62Demolition of churchE
63Emergency demolition of churchE
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65Exclusive right to burial placesE
66MonumentsE
67Sale of books in a parochial libraryE
Powers of courtE
68Conditions etc. on grant of facultyE
69Costs orders against person responsible for act or defaultE
70Special citation to add party to proceedingsE
71InjunctionE
72Restoration orderE
73Sections 69, 70 and 72: deliberate concealment of factsE
Role of archdeaconE
74Exercise of faculty jurisdictionE
75Grant of licence for temporary minor re-orderingE
76Convening meeting in a case of defaultE
Cases where faculty not requiredE
77Power to specify matters in rulesE
78Power of chancellor to specify mattersE
SupplementaryE
79Consultation with advisory committeeE
InterpretationE
80Interpretation of Part 4E
PART 5 EMISCELLANEOUS
RulesE
81Rule Committee: continuation and membershipE
82Rule Committee: procedure etc.E
83Rule Committee: powers to make rulesE
FeesE
84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87Fees: power of chancellorE
Burials and consecrationE
88Burials in parish burial groundE
89Consecration of ground added to churchyardE
90Reservation of right to burial in land added to churchyardE
91Conditions on reservation under section 90E
92Power of bishop to remove legal effects of consecrationE
93Section 92: application to Crown landE
PART 6 EGENERAL
ProcedureE
94Regulations, rules and ordersE
(1)Each of the following powers is exercisable by statutory instrument—
(a)the power to make regulations under section 5 (maximum number of chancellorships etc.);
(b)the power to make regulations under section 32 (age for end of registrar's term of office);
(c)the power to make regulations under section 33 (maximum number of registrarships etc.);
(d)the power to make rules under section 83;
(e)the power to make an order under section 86 (fees).
(2)The Statutory Instruments Act 1946 applies—
(a)as if the regulations, rules or order concerned had been made when approved by the General Synod, and
(b)as if this Measure were an Act of Parliament providing for the instrument containing the regulations, rules or order to be subject to annulment in pursuance of a resolution of either House of Parliament.
InterpretationE
95InterpretationE
(1)In this Measure, unless otherwise indicated—
-
“chancellor” is to be read with section 2(3);
-
“communicant” has the meaning given in subsection (2) below;
-
“consistory court” is to be read with section 1(3);
-
“high judicial office” has the meaning given in subsection (3) below;
-
“parochial library” has the meaning given in subsection (4) below;
-
“PCC” means parochial church council;
-
“rules” means rules under section 83.
(2)“Communicant” means a person who has received communion according to the use of the Church of England or of a church in communion with it—
(a)at least once in the twelve months before the date of the person's declaration that he or she fulfils that requirement, or
(b)if a declaration is not required of the person, at least once in the twelve months before the date on which he or she is offered an appointment or requested to act in a capacity for which that qualification is required.
(3)“High judicial office” means—
(a)high judicial office within the meaning of Part 3 of the Constitutional Reform Act 2005 (see section 60(2) of that Act), or
(b)membership of the Judicial Committee of the Privy Council.
(4)“Parochial library” means a library in a parish which was founded (whether before or after the commencement of this Measure) by way of charitable contribution in order to assist clergy of the Church of England with their studies.
(5)For the purposes of this Measure—
(a)a place which is surrounded by or adjacent to one diocese and does not form part of that diocese is to be treated as being in that diocese;
(b)a place which is surrounded by or adjacent to two or more dioceses and does not form part of any of those dioceses is to be treated as being in such of them as the archbishop of the province concerned may direct.
Ancillary provisionE
96Consequential amendmentsE
(1)Schedule 3 (which contains consequential amendments) has effect.
(2)An amendment made by that Schedule to rules or to an order does not affect the power to make further rules or a further order amending or revoking the provision made by the amendment.
97Transitional, saving and transitory provisionE
Schedule 4 (which contains transitional, saving and transitory provision) has effect.
98Repeals and revocationsE
Schedule 5 (which contains repeals and revocations) has effect.
Final provisionE
99CommencementE
(1)This section and sections 100 and 101 come into force on the day on which this Measure is passed.
(2)The preceding provisions of this Measure come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint; and different days may be appointed for different purposes.
(3)The Archbishops of Canterbury and York may by order jointly make transitional, transitory or saving provision in connection with the commencement of a provision of this Measure.
(4)The power to make an order under subsection (2) or (3) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament.
100ExtentE
(1)This Measure extends to the whole of the provinces of Canterbury and York, but extends to the Channel Islands and the Isle of Man only in accordance with the following provisions of this section.
(2)The provisions of Parts 3 to 5 and this Part may be applied to the Channel Islands, or either of them, in accordance with the Channel Islands (Church Legislation) Measures 1931 and 1957; and a reference in this section to the Channel Islands or either of them has the same meaning as a reference in those Measures to the Islands or either of them.
(3)If an Act of Tynwald or an instrument made under an Act of Tynwald so provides, the provisions of Parts 1, 3 to 5 and this Part extend to the Isle of Man subject to such exceptions, adaptations or modifications as are specified in the Act or instrument.
101Short titleE
This Measure may be cited as the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.
SCHEDULES
Section 27
SCHEDULE 1EOTHER ECCLESIASTICAL JURISDICTIONS
Revival of amendments made by Care of Cathedrals (Supplementary Provisions) Measure 1994E
1ESections 8 and 9 of and the Schedule to the Care of Cathedrals (Supplementary Provisions) Measure 1994, and section 11 of that Measure so far as relating to those provisions, are to be treated as having been revived immediately after the commencement of the repeal of that Measure by Schedule 3 to the Care of Cathedrals Measure 2011.
Amendments of the Ecclesiastical Jurisdiction Measure 1963E
2EThe Ecclesiastical Jurisdiction Measure 1963 is amended as follows.
3(1)Section 1 (the ecclesiastical courts) is amended as follows.E
(2)Omit subsections (1) and (2).
(3)In subsection (3)—
(a)for “the said provinces” substitute “ the provinces of Canterbury and York ”, and
(b)omit paragraphs (b) and (d) and the “and” preceding paragraph (d).
4EOmit section 2 (judge of consistory court).
5EOmit section 2A (power to limit number of chancellorships etc.).
6(1)Section 3 (judges of the Arches and Chancery Courts) is amended as follows.E
(2)In subsection (1), after “respectively” insert “ for the purposes of proceedings on an appeal under section 20 of the Clergy Discipline Measure 2003 ”.
(3)In subsection (2)—
(a)for paragraphs (a) and (b) substitute—
“(a)one shall be the Dean of the Arches and Auditor;
(b)four shall be appointed in accordance with section 20(2) and (3) of the Clergy Discipline Measure 2003.”, and
(b)omit paragraph (d).
(4)Omit subsections (3) to (6).
(5)In subsection (7)(a), for “the said oaths” substitute “ the oaths set out in Part 1 of Schedule 1 to this Measure ”.
(6)In subsection (8), for “either of the two last foregoing subsections” substitute “ subsection (7) ”.
7EOmit section 4 (appointment of deputy judges of consistory court).
8EOmit section 5 (judges of the Ecclesiastical Causes Reserved).
9EOmit section 6 (jurisdiction of consistory court).
10(1)Section 7 (jurisdiction of the Arches and Chancery Courts) is amended as follows.E
(2)Omit subsection (1).
(3)In subsection (1A)—
(a)for “Each of the said Courts shall also” substitute “ The Arches Court of Canterbury and the Chancery Court of York shall each ”, and
(b)omit “including that Court”.
(4)In subsection (2)—
(a)in paragraph (a), omit “in a disciplinary case,”, and
(b)omit paragraph (b).
(5)Omit subsections (4) and (5).
11EOmit section 8 (appellate jurisdiction of Her Majesty in Council).
12EIn section 10 (jurisdiction of Court of Ecclesiastical Causes Reserved), omit subsections (A1), (1)(b) and (2) to (6).
13EIn section 11 (the title to which becomes “ Jurisdiction of Her Majesty to review findings of Court of Ecclesiastical Causes Reserved ”), omit subsection (2)(b).
14EFor section 12 substitute—
“12Disciplinary tribunals to be unaffected by vacation of see
15EOmit section 13 (certain judges to be ex officio officials principal).
16EOmit section 46 (proceedings in consistory court).
17EIn section 47 (proceedings in Arches and Chancery Courts), in subsection (1A), omit “, including any directions under section 7(4) of this Measure”.
18(1)Section 48 (proceedings before Commission of Review) is amended as follows.E
(2)In subsection (1), after “a Commission of Review” insert “ exercising jurisdiction under this Measure ”.
(3)In subsection (2), after “in reviewing” insert “ under this Measure ”.
(4)In subsection (3), after “a Commission of Review” insert “ under this Measure ”.
(5)In subsection (6)—
(a)after “a previous Commission of Review” insert “ under this Measure or the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”, and
(b)after “subsequently appointed” insert “ under this Measure ”.
19EIn section 58 (payment of costs of bishop etc.), omit paragraph (c) and the preceding “and”.
20(1)Section 60 (powers of courts and commissions in regard to costs) is amended as follows.E
(2)In subsection (1), omit the words from “and the Vicar-General's court” to “1994”.
(3)In subsection (2), for the words from the beginning to “examiner” substitute “ A court or commission exercising jurisdiction under this Measure, a Vicar-General's court as constituted under the Clergy Discipline Measure 2003, or a committee under this Measure ”.
21EIn section 62 (payment of expenses of courts by Archbishops' Council), in subsection (1), omit the words from “and of the Vicar-General's court” to the end.
22EIn section 69 (criminal proceedings)—
(a)omit “in the consistory court of a diocese or”, and
(b)for “those Parts” substitute “ that Part ”.
23EIn section 80 (place where courts etc. to sit)—
(a)for “Any court, commission, committee or inquiry established or held by or under the provisions of this Measure” substitute “ Proceedings in a court or commission exercising jurisdiction under this Measure or of a committee or inquiry under this Measure ”, and
(b)omit “and the Vicar-General's court of each of the provinces of Canterbury and York”.
24(1)Section 81 (evidence and general powers and rights of courts and commissions) is amended as follows.E
(2)In subsection (1)—
(a)for “established” substitute “ exercising jurisdiction ”, and
(b)omit “and the Vicar-General's Court of each of the provinces of Canterbury and York”.
(3)In subsection (2), omit “or Vicar-General's court”.
(4)Omit subsection (4).
Amendments of the Care of Cathedrals Measure 2011E
25EThe Care of Cathedrals Measure 2011 is amended as follows.
26EIn section 11(3) (constitution of Commission of Review), in paragraph (a), for the “section 3(3) of the Ecclesiastical Jurisdiction Measure 1963 (1963 No 1)” substitute “ section 10 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
27(1)Section 18 (institution of proceedings for injunction or restoration order) is amended as follows.E
(2)After subsection (1) insert—
“(1A)The Church Commissioners may pay out of their general fund the whole or part of the costs and expenses incurred by a bishop or person designated as mentioned in subsection (1) in or in relation to or directly or indirectly arising out of proceedings authorised, taken or contemplated under subsection (1).
(1B)Before making a payment under subsection (1A), the Commissioners must be satisfied that the costs or expenses are reasonable in amount.”
(3)In subsection (2), in paragraph (a), for “section 58 of the Ecclesiastical Jurisdiction Measure 1963 (1963 No.1)” substitute “ subsection (1A) ”.
28EIn section 19 (jurisdiction and composition of Vicar-General's court), after subsection (3) insert—
“(4)Proceedings instituted under section 18 may be held in any place convenient to the court, due regard being had to the convenience of parties and witnesses.”
29(1)Section 20 (powers of Vicar-General's court) is amended as follows.E
(2)In subsection (9), before “shall be a contempt of court” insert “ or of a special citation under subsection (1) ”.
(3)After subsection (10) insert—
“(11)The court has the same powers as the High Court in relation to—
(a)the attendance and examination of witnesses, and
(b)the production and inspection of documents.
(12)If a person does or omits to do something in connection with proceedings instituted under section 18 which is in contempt of the court, the presiding judge may certify the act or omission under his or her hand to the High Court.
(13)The High Court may—
(a)on receiving a certificate under subsection (12), inquire into the alleged act or omission, and
(b)after hearing any witnesses against or on behalf of the person subject to the allegation and any statement in defence, exercise the same jurisdiction and powers as if the person were guilty of contempt of the High Court.
(14)For the right of appeal against a judgment, order or decree of the court in proceedings instituted under section 18, see section 14 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.”
30EAfter section 20 insert—
“20ACosts
20BPayment of expenses of courts by Archbishops' Council
Section 36
SCHEDULE 2EDIOCESAN ADVISORY COMMITTEE: CONSTITUTION
NameE
1EThe committee is known as the [name of diocese] Diocesan Advisory Committee.
Membership: appointmentE
2(1)The committee consists of—E
(a)a chair,
(b)the archdeacon of each archdeaconry in the diocese, and
(c)at least 12 other members.
(2)The chair is appointed by the bishop of the diocese after consultation with—
(a)the bishop's council,
(b)the chancellor of the diocese, and
(c)the Church Buildings Council.
(3)The other members are—
(a)two persons appointed by the bishop's council of the diocese from among the elected members of the diocesan synod,
(b)at least ten other persons appointed by the bishop's council of the diocese of whom—
(i)one is appointed after consultation with the Historic Buildings and Monuments Commission for England,
(ii)one is appointed after consultation with such associations as the Dean of the Arches and Auditor may from time to time designate as the relevant associations of local authorities in relation to the diocese, and
(iii)one is appointed after consultation with the national amenity societies, and
(c)such other persons as may be co-opted under paragraph 5.
(4)In making an appointment under sub-paragraph (3)(b), the bishop's council must ensure that the persons so appointed have between them—
(a)knowledge of the history, development and use of church buildings,
(b)knowledge of Church of England liturgy and worship,
(c)knowledge of architecture, archaeology, art and history, and
(d)experience of the care of historic buildings and their contents.
(5)The first appointments of the chair and of other members under sub-paragraph (3)(a) and (b) take place as soon as practicable.
(6)Subsequent new appointments of the chair or of a member under sub-paragraph (3)(a) or (b) must be made within the period of one year following the formation of the second new diocesan synod after the latest appointments.
Membership: term of officeE
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E
Membership: casual vacanciesE
4(1)Where a casual vacancy occurs among the chair and other members appointed under paragraph 2(3)(a) and (b), the bishop must appoint a person to fill the vacancy.E
(2)If the person whose place is to be filled was a member of the committee by virtue of being a member of the diocesan synod, the person appointed under sub-paragraph (1) must also be a member of that diocesan synod.
(3)If the person whose place is to be filled was appointed under sub-paragraph (i), (ii) or (iii) of paragraph 2(3)(b), the bishop must, before appointing a person to fill the vacancy, undertake the consultation required under the sub-paragraph concerned.
(4)A person appointed to fill a casual vacancy holds office only for the unexpired portion of the term of office of the person whose place is being filled.
Membership: co-optingE
5(1)The committee may, with the consent of the bishop, from time to time co-opt such persons as it thinks fit to be additional members of the committee.E
(2)The number of persons appointed under this paragraph must not exceed one-third of the total number of the other members.
(3)A person co-opted ceases to be a member of the committee on the making of new appointments of members under paragraph 2(6).
ConsultantsE
6EThe bishop may appoint suitably qualified persons to act as consultants to the committee if the committee requests the bishop to do so.
SecretaryE
7EThe secretary to the committee is appointed by the bishop after consultation with—
(a)the chair, and
(b)the diocesan secretary.
Section 96
SCHEDULE 3ECONSEQUENTIAL AMENDMENTS
PART 1 EPRIMARY LEGISLATION
Burial Act 1857E
1EIn section 25 of the Burial Act 1857 (offence of removal of body from burial ground), in subsection (4) (meaning of “court”)—
(a)after “means” insert “—
(a)”, and
(b)for the words from “or any other court” to the end substitute “, or
(b)any other court or body referred to in section 9, 16, 19 or 21 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (Arches and Chancery Courts, Court of Ecclesiastical Causes Reserved, Commission of Review, Privy Council) and having jurisdiction to determine the matter.”
City of London (Guild Churches) Act 1952E
2EIn section 12 of the City of London (Guild Churches) Act 1952 (vicars), in subsection (10) (application of disciplinary provisions), for “and of the Incumbents (Vacation of Benefices) Measure 1977” substitute “ , of the Incumbents (Vacation of Benefices) Measure 1977 and of the Clergy Discipline Measure 2003 ”.
Church Property (Miscellaneous Provisions) Measure 1960E
3EIn section 7 of the Church Property (Miscellaneous Provisions) Measure 1960 (powers of dealing with gifts of land), at the end insert—
“(7)A reference in this section to the Consecration of Churchyards Act 1867 or to a provision of that Act includes a reference to sections 89 to 91 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.”
Ecclesiastical Jurisdiction Measure 1963E
4EThe Ecclesiastical Jurisdiction Measure 1963 is amended as follows.
5EIn section 63 (the title to which becomes “ Fees payable in connection with proceedings under this Measure ”), for “the Ecclesiastical Fees Measure 1986” substitute “ section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
6EIn section 66(1) (interpretation), in the definition of “prescribed” for “section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “ section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
Overseas and Other Clergy (Ministry and Ordination) Measure 1967E
7EIn each of the following provisions in the Overseas and Other Clergy (Ministry and Ordination) Measure 1967, for “the Ecclesiastical Jurisdiction Measure 1963” substitute “ the Clergy Discipline Measure 2003 ”
(a)section 1(6) (officiating as priest or deacon without permission);
(b)section 4(3) (unlawful performance of episcopal functions).
Synodical Government Measure 1969E
8EIn the Church Representation Rules in Schedule 3 to the Synodical Government Measure 1969, in rule 9 (business of annual parochial church meeting), in paragraph (1), for sub-paragraph (d) (but not the following “and”) substitute—
“(d)the annual fabric report under section 50 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018;”.
Ecclesiastical Fees Measure 1986E
9EIn Part 2 of Schedule A1 to the Ecclesiastical Fees Measure 1986 (explanatory notes on parochial fees), in each of paragraphs 3(b) and 4, after “such sums as may be determined by the Chancellor” insert “ under section 87 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
Planning (Listed Buildings and Conservation Areas) Act 1990E
10EIn section 60 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (exception for ecclesiastical buildings from certain provisions as to listing), in subsection (3), for “section 1 of the Care of Places of Worship Measure 1999” substitute “ section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
Clergy Discipline Measure 2003E
11EThe Clergy Discipline Measure 2003 is amended as follows.
12EIn section 5(3) (registrar of tribunals: term of office), for “section 5 of the Ecclesiastical Judges and Legal Officers Measure 1976 (1976 No 2)” substitute “ section 32(1) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
13EIn section 43(1) (interpretation), in the definition of “prescribed” for “section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No 1)” substitute “ section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
Constitutional Reform Act 2005E
14(1)In Schedule 7 to the Constitutional Reform Act 2005 (power to transfer, modify or abolish functions of Lord Chancellor: protected functions), Part A in paragraph 4 is amended as follows.E
(2)Omit each of the following—
(a)the entries for the Ecclesiastical Jurisdiction Measure 1963 and the preceding cross-heading;
(b)the entry for the Ecclesiastical Fees Measure 1986 and the preceding cross-heading;
(c)the entry for the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and the preceding cross-heading.
(3)At the end insert— “ Ecclesiastical Jurisdiction and Care of Churches Measure 2018 Section 2(6) Section 81(3) ”.
Dioceses, Pastoral and Mission Measure 2007E
15EIn section 55 of the Dioceses, Pastoral and Mission Measure 2007 (functions of Church Buildings Council in relation to churches etc. in use), in subsection (1)(b)—
(a)for “section 6(1)(b) or (bb) of the Ecclesiastical Jurisdiction Measure 1963 (1963 No 1)” substitute “ section 7(1)(a), (c) or (d) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”, and
(b)for “any provision in Part III of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No 1)” substitute “ any of sections 56, 58(1) to (6) and (9), 60, 62 to 64, 68 to 75 and 77 to 79 of that Measure ”.
Mission and Pastoral Measure 2011E
16EThe Mission and Pastoral Measure 2011 is amended as follows.
17EIn section 43 (designation of places of worship), in subsection (4), for “section 6 of the Faculty Jurisdiction Measure 1964 (1964 No 5)” substitute “ section 59 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
18EIn section 61 (declaration of closure for regular public worship), in subsection (3), for “the Inspection of Churches Measure 1955 (3 & 4 Eliz. 2 No.1)” substitute “ sections 45 to 48 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
19(1)Section 68 (prohibition on closure or disposal of churches otherwise than under the 2011 Measure) is amended as follows.E
(2)In subsection (12)—
(a)for “section 11 of the Faculty Jurisdiction Measure 1964 (1964 No 5)” substitute “ section 26 of the 2018 Measure (costs) ”, and
(b)for “the proceedings mentioned in that section” substitute “ proceedings before a court exercising jurisdiction under that Measure ”.
(3)In subsection (13), for the words from the beginning to “(1991 No 1)” substitute “ Section 60(2)(a) and (3) to (8) of the 2018 Measure (parties to proceedings: role of archdeacon) ”.
(4)In subsection (14), for “section 14 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “ section 74 of the 2018 Measure (power of archdeacon to exercise faculty jurisdiction) ”.
(5)In subsection (15), in paragraph (c), for “section 22 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “ section 92 of the 2018 Measure ”.
(6)At the end insert—
“(17)In this section, “the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.”
Care of Cathedrals Measure 2011E
20EThe Care of Cathedrals Measure 2011 is amended as follows.
21EIn section 6 (application for approval for works to cathedral), in subsection (12), omit the words from “made under” to the end.
22EIn each of the following provisions, omit “made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”—
(a)in section 7 (treasure), subsection (5);
(b)in section 24 (inventories), subsection (1);
(c)in section 32(1) (interpretation), in the definition of “prescribed”.
23EIn section 32(1) (interpretation), at the appropriate place insert—
““rules” means rules made under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018;”.
PART 2 EPROCEDURAL RULES
Ecclesiastical Jurisdiction (Discipline) Rules 1964 (S.I. 1964/1755)E
24EThe Ecclesiastical Jurisdiction (Discipline) Rules 1964 are amended as follows.
25EIn rule 2(1) (interpretation)—
(a)in the definition of “the Dean of the Arches and Auditor”, for “section 4 of the Measure” substitute “ section 12 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”,
(b)in the definition of “the judge of the consistory court”, for “section 4 of the Measure” substitute “ section 4 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
26EThe following are revoked—
(a)rules 5 to 18 (proceedings against priest or deacon for offence not involving doctrine etc.);
(b)rules 19 to 28 (proceedings against bishop for offence not involving doctrine etc.);
(c)rules 39 to 43 (appeal from consistory court);
(d)rule 52 (deprivation following proceedings in secular court);
(e)Forms 8 to 28 and 38 to 41.
Patronage (Benefices) Rules 1987 (S.I. 1987/773)E
27EIn rule 1(1) of the Patronage (Benefices) Rules 1987 (interpretation), in the definition of “A Fees Order”, for “Part II of the Ecclesiastical Fees Measure 1986” substitute “ section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
Patronage (Appeals) Rules 1988 (S.I. 1988/1980)E
28EIn rule 2(1) of the Patronage (Appeals) Rules 1988 (interpretation), in the definition of “Fees Order”, for “Part II of the Ecclesiastical Fees Measure 1986” substitute “ section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
Care of Places of Worship Rules 1999 (S.I. 1999/2111)E
29EThe Care of Places of Worship Rules 1999 are amended as follows.
30EIn rule 2 (interpretation)—
(a)in the definition of “application”, for “the Measure” substitute “ sections 38 to 44 of the 2018 Measure ”, and
(b)after the definition of “the Measure” insert “;
“the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.
31EIn rule 8 (removal from list: supplementary provisions), for “section 2(2) of the Measure” substitute “ section 42(3) of the 2018 Measure ”.
32ERule 9 (guidance by diocesan chancellors) is revoked.
33(1)Part 1 of the Schedule (material required in connection with applications for inclusion in the list) is amended as follows.E
(2)In paragraph 3 (entitlement to make application)—
(a)for “paragraph 1 of Schedule 1 to the Measure” substitute “ section 40 of the 2018 Measure ”, and
(b)for “that paragraph” substitute “ that section ”.
(3)In paragraph 6 (relevant category), for “section 1(2) of the Measure” substitute “ section 38(2) of the 2018 Measure ”.
(4)In paragraph 7 (use of adjoining building as vestry or sacristy), for “section 1(3) of the Measure” substitute “ section 39(1) of the 2018 Measure ”.
(5)In paragraph 8 (inclusion of curtilage etc.), for “section 1(4) of the Measure” substitute “ section 39(2) of the 2018 Measure ”.
(6)In paragraph 9 (map or plan)—
(a)in paragraph (c), for “section 1(3) of the Measure” substitute “ section 39(1) of the 2018 Measure ”, and
(b)in paragraph (d), for “section 1(4) of the Measure” substitute “ section 39(2) of the 2018 Measure ”.
(7)In paragraph 12 (objects and structures), for “paragraph 3 of Schedule 1 to the Measure” substitute “ section 44(1) of the 2018 Measure ”.
34(1)Part 2 of the Schedule (material required in connection with applications not for inclusion in the list) is amended as follows.E
(2)In paragraph 13 (name of diocese), for “is deemed pursuant to section 6(3) of the Measure to be situated” substitute “ is treated by section 95(5) of the 2018 Measure as being situated ”.
(3)In paragraph 16 (consent)—
(a)for “paragraph 2 of the Schedule 1 of the Measure” substitute “ section 41 of the 2018 Measure ”, and
(b)for “paragraph 2(6)” substitute “ subsection (1) or (2) of that section ”.
(4)In paragraph 17 (shared churches)—
(a)for “section 1(2)(e) of the Measure” substitute “ section 38(2)(e) of the 2018 Measure ”, and
(b)for “paragraph 2(4) of Schedule 1 to the Measure” substitute “ section 41(9) of the 2018 Measure ”.
(5)In paragraph 18 (undertaking), for “the Measure” substitute “ sections 38 to 44 of the 2018 Measure ”.
(6)In paragraph 19 (statement of eligibility), for “paragraph (a), (b) or (c) of section 1(5) of the Measure” substitute “ section 38(3)(a), (b) or (c) of the 2018 Measure ”.
Care of Cathedrals Rules 2006 (S.I. 2006/1941)E
35(1)Rule 24 of the Care of Cathedrals Rules 2006 (procedure of Commission of Review and orders as to costs) is amended as follows.E
(2)In paragraph (4)(a), for “the Ecclesiastical Fees Measure 1986” substitute “ section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
(3)In paragraph (5)—
(a)for “Sections 60(3) and 61 of the Ecclesiastical Jurisdiction Measure 1963” substitute “ Subsections (2)(b) to (d), (7) and (8) of section 26 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”, and
(b)for “section 60 of the said Measure” substitute “ that section ”.
Faculty Jurisdiction Rules 2015 (S.I. 2015/1568)E
36EThe Faculty Jurisdiction Rules 2015 are amended as follows.
37(1)In rule 2.2 (interpretation), paragraph (1) is amended as follows.E
(2)In the definition of “costs”, for “section 13(1)” substitute “ section 69(2) ”.
(3)In the definition of “injunction”, for “section 13(4)” substitute “ section 71 ”.
(4)In the definition of “the Measure” for “the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “ the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
(5)In the definition of “minister”, for “the Measure” substitute “ Part 4 of the Measure (see section 80(1) of that Measure) ”.
(6)In the definition of “national amenity society”, for “the Measure” substitute “ Part 3 of the Measure (see section 55(1) of that Measure) ”.
(7)In the definition of “relevant person or body”—
(a)for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”, and
(b)for “by virtue of paragraph 1 of Schedule 1 to that Measure” substitute “ under section 40 of the Measure ”.
(8)In the definition of “restoration order”, for “section 13(5)” substitute “ section 72 ”.
38EIn rule 2.2, in paragraph (5)—
(a)for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”, and
(b)in sub-paragraph (a), for “section 1(4) of that Measure” substitute “ section 39(2) of the Measure ”.
39EIn rule 3.1 (matters not requiring a faculty: interpretation), in paragraph (5)(b), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”.
40EIn rule 3.4 (additional matters which may be undertaken without a faculty), in paragraph (1), for “section 18C(1)” substitute “ section 78(1) ”.
41EIn rule 3.5 (excluded matters: general), in paragraph (1)(k), for “section 3 of the Faculty Jurisdiction Measure 1964” substitute “ section 66 of the Measure ”.
42(1)Rule 3.6 (excluded matters orders) is amended as follows.E
(2)In paragraph (1), for “section 18C(3)” substitute “ section 78(3) ”.
(3)In paragraph (3), for “section 4(1) of the Measure” substitute “ section 49 of the Measure (see subsections (1) and (2) of that section) ”.
43EIn each of the following provisions in Part 5 (faculty proceedings), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”
(a)in rule 5.2 (persons who may submit petition), paragraph (2)(c);
(b)in rule 5.3 (form of petition), paragraph (2);
(c)in rule 5.5 (information to accompany petition), paragraph (2).
44EIn rule 5.5 (documents etc. to accompany petition), in paragraph (4), for “section 17(2) or (3)(a)” substitute “ section 62(2) or (3) ”.
45EIn rule 6.2 (form of public notice), in paragraph (2), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”.
46(1)Rule 8.1 (removal of article to place of safety) is amended as follows.E
(2)In each of paragraphs (1) and (2), for “section 21” substitute “ section 53 ”.
(3)In paragraph (2)(a), for “section 21(2)” substitute “ section 53(3)(a) ”.
47EIn rule 10.1 (objections to faculty petition: interested persons), in paragraph (2), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”.
48EIn rule 19.4 (special citation of persons in default), in paragraph (2)(a), for “section 13(1)” substitute “ section 69 ”.
49EIn rule 21.2 (appeals: interpretation), omit each of the following—
(a)the definition of “interim order”;
(b)the definition of “permission to appeal”.
50EIn Schedule 1 (matters which may be undertaken without a faculty), in Table 2 (List B), in each of the following items, for “section 1(2) of the Inspection of Churches Measure 1955” substitute “ section 45(2) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”
(a)item B1(1) (church building: routine maintenance etc.);
(b)item B5(3) (churchyard: routine maintenance etc. of walls).
51EIn Schedule 3 (forms), in each of the following forms, in the parenthetical words following the heading, for “Care of Places of Worship Measure 1999” substitute “ section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”
(a)Form 1B (standard information);
(b)Form 3B (petition for faculty);
(c)Form 4B (public notice).
PART 3 EFEES ORDERS
Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2017 (S.I. 2017/796)E
52EThe Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2017 is amended as follows.
53EIn article 1 (the title to which becomes “ Citation, commencement and interpretation ”), after paragraph (3) insert—
“(4)In this Order, “the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.”
54(1)Article 2 (faculty fees payable to diocesan boards of finance) is amended as follows.E
(2)In paragraph (1), for “section 3(2) of the Care of Places of Worship Measure 1999” substitute “ section 43(1) of the 2018 Measure ”.
(3)In paragraph (4)(a), for “section 1(2)(e) of the Care of Places of Worship Measure 1999” substitute “ section 38(2)(e) of the 2018 Measure ”.
55EIn article 3 (register of patrons), in paragraph (2), for “section 5(1) of the Ecclesiastical Fees Measure 1986” substitute “ section 86(1) and (3) of the 2018 Measure ”.
56(1)Article 4 (proceedings in consistory court) is amended as follows.E
(2)In paragraph (2), in Table 1—
(a)in the entry for item 2, for “section 13 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (“the 1991 Measure”)” substitute “ section 71 or 72 of the 2018 Measure ”,
(b)in the entry for item 3, for “section 13 of the 1991 Measure” substitute “ section 71 or 72 of the 2018 Measure ”, and
(c)in the entry for item 4, for “section 18 of the 1991 Measure” substitute “ section 63 of the 2018 Measure ”.
(3)In paragraph (6), for “section 3(5)(a) of the Care of Places of Worship Measure 1999” substitute “ section 43(3) of the 2018 Measure ”.
57EIn article 5 (appeals from consistory court), in paragraph (2), in Table 2, in the entry for item 1, for “section 10(3) of the Ecclesiastical Jurisdiction Measure 1963” substitute “ section 18(4) of the 2018 Measure ”.
58EIn article 7 (proceedings in Vicar-General's court), in paragraph (3), for “section 62 of the Ecclesiastical Jurisdiction Measure 1963” substitute “ section 20B of the Care of Cathedrals Measure 2011 ”.
59(1)Article 9 (proceedings on review of finding of Court of Ecclesiastical Causes Reserved) is amended as follows.E
(2)In paragraph (1), after “(“the 1963 Measure”)” insert “ or section 19 of the 2018 Measure ”.
(3)In paragraph (3)(b), for “proceedings on a case of the kind referred to in section 11(2)(b) of that Measure” substitute “ proceedings under section 19 of the 2018 Measure ”.
60EIn article 12 (miscellaneous fees), in paragraph (2), for “section 8 of the Ecclesiastical Fees Measure 1986” substitute “ section 86(6) of the 2018 Measure ”.
Legal Officers (Annual Fees) Order 2017 (S.I. 2017/797)E
61EThe Legal Officers (Annual Fees) Order 2017 is amended as follows.
62EIn article 1(3)(b) (interpretation), for “the Ecclesiastical Fees Measure 1986” substitute “ the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.
63(1)Schedule 2 (scope of annual fee) is amended as follows.E
(2)In paragraph 1 (professional services to be provided by the diocesan registrar), in sub-paragraph (10), before “the Measure” insert “ section 86 of ”.
(3)In paragraph 4 (work not within scope), in each of sub-paragraphs (6) and (13), for the words from “Ecclesiastical Judges” to “the Measure” substitute “ the Order for the time being in force under subsection (3) of section 86 of the Measure to give effect to recommendations under subsection (2) of that section ”.
(4)In sub-paragraph (12) of that paragraph, for “section 22 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “ section 92 of the Measure ”.
Section 97
SCHEDULE 4ETRANSITIONAL, SAVING AND TRANSITORY PROVISIONS
PART 1 ETRANSITIONAL AND SAVING PROVISIONS
Continuity of the lawE
1EThe repeal and re-enactment of provisions by this Measure does not affect the continuity of the law.
2EA reference, express or implied, in this Measure, another enactment or an instrument or document, to a provision of this Measure is, subject to its context, to be read as being or including a reference to the corresponding provision repealed by this Measure, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.
3EA reference, express or implied, in an enactment, instrument or document to a provision repealed by this Measure is, subject to its context, to be read as being or including a reference to the corresponding provision of this Measure, in relation to times, circumstances or purposes in relation to which the corresponding provision has effect.
4EAny subordinate legislation made, any appointment or nomination made or any other thing done, or having effect as if made or done, under (or for the purposes of or in reliance on) a provision repealed and re-enacted by this Measure, and in force or effective immediately before the commencement of the corresponding provision of this Measure, has effect after that commencement as if made or done under (or for the purposes of or in reliance on) that corresponding provision.
5EParagraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Schedule affects any other provision of that Act.
Effect of previous transitionals and savingsE
6EThe repeals made by this Measure do not affect the operation of a transitional provision or saving relating to the commencement of a provision reproduced in this Measure so far as the transitional provision or saving is not specifically reproduced in this Measure but remains capable of having effect in relation to the corresponding provision of this Measure or otherwise.
7(1)The repeal by this Measure of a provision previously repealed subject to savings does not affect the continued operation of those savings.E
(2)The repeal by this Measure of a saving on the previous repeal of a provision does not affect the operation of the saving in so far as it is not specifically reproduced in this Measure but remains capable of having effect.
Use of existing forms etc.E
8EA reference to a provision repealed by this Measure which is contained in a form or other document made, served, granted or issued after the commencement of the repeal is, subject to its context, to be read as being or including a reference to the corresponding provision of this Measure.
Duplicated repealsE
9(1)This paragraph applies in relation to a provision, the repeal of which is provided for both by this Measure and by the Statute Law (Repeals) Measure 2018.E
(2)If the repeal of the provision by this Measure comes into force before its repeal by the Statute Law (Repeals) Measure 2018 has come into force, the entry for that provision in the Schedule to that Measure is itself repealed.
PART 2 ETRANSITORY PROVISIONS
Proceedings for determining rights to compensation for loss of office etc.E
10(1)This paragraph applies if section 6 of the Mission and Pastoral etc. (Amendment) Measure 2018 has not come into force before the commencement of section 81 of this Measure (Rule Committee: membership).E
(2)In this paragraph, “the appointed day” means the day on which section 6 of that Measure comes into force under an order made under section 14 of that Measure.
(3)Section 81 has effect until the appointed day as if, after subsection (5), there were inserted—
“(5A)For the purpose of making rules relating to the procedure to be followed in connection with the determination of rights to compensation under Schedule 4 to the Mission and Pastoral Measure 2011 and in other proceedings under that Schedule, the members of the Committee also include—
(a)one person nominated by the Archbishops' Council, and
(b)one person nominated by the Church of England Pensions Board.”
(4)Section 83 (Rule Committee: power to make rules) has effect until the appointed day as if, in subsection (1), after paragraph (d) there were inserted—
“(da)Schedule 4 to the Mission and Pastoral Measure 2011 (compensation for loss of office);”.
(5)Schedule 3 (consequential amendments) has effect until the appointed day as if, after paragraph 18 (but before the following cross-heading) there were inserted—
“18AIn Schedule 4 (compensation of clergy), in paragraph 14, omit “established by section 25 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”.”
Section 98
SCHEDULE 5EREPEALS AND REVOCATIONS
Reference | Extent of repeal or revocation |
---|---|
Parochial Libraries Act 1708 (c. 14) | The whole Act. |
Consecration of Churchyards Act 1867 (c. 133) | Section 1. |
Section 2. | |
Sections 9 to 11. | |
Consecration of Churchyards Act 1868 (c. 47) | The whole Act. |
Inspection of Churches Measure 1955 (No. 1) | The whole Measure. |
Ecclesiastical Jurisdiction Measure 1963 (No. 1) | |
Section 2. | |
Section 2A. | |
Section 3(2)(d) and (3) to (6). | |
Sections 4 to 6. | |
Section 8. | |
Section 10(A1), (1)(b) and (2) to (6). | |
Section 11(2)(b). | |
Section 13. | |
Section 46. | |
In section 47(1A), “, including any directions under section 7(4) of this Measure”. | |
In section 58, paragraph (c) and the preceding “and”. | |
In section 60(1), the words from “and the Vicar-General's court” to “1994”. | |
In section 62(1), the words from “and of the Vicar-General's court” to the end. | |
Section 66(4). | |
In section 69, “in the consistory court of a diocese or”. | |
In section 80, “and the Vicar-General's court of each of the provinces of Canterbury and York”. | |
Faculty Jurisdiction Measure 1964 (No. 5) | The whole Measure. |
Ecclesiastical Jurisdiction (Discipline) Rules (S.I. 1964/1755) | Rules 5 to 28, 39 to 43 and 52. |
Forms 8 to 28 and 38 to 41. | |
Ecclesiastical Judges and Legal Officers Measure 1976 (No. 2) | The whole Measure. |
Church of England (Miscellaneous Provisions) Measure 1976 (No. 3) | Section 6. |
Church of England (Miscellaneous Provisions) Measure 1983 (No. 2) | Section 6. |
In section 9(4), the words from “section 9(2)” to “case) or”. | |
Ecclesiastical Fees Measure 1986 (No. 2) | Part 2. |
Section 8. | |
In section 10, the definition of “ecclesiastical judges” and the definition of “legal officers”. | |
Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1) | Part 1. |
Part 2. | |
Sections 9 to 31. | |
In Schedule 4, paragraphs 2, 3(b) to (e) and 4 to 7. | |
Schedule 5. | |
Schedule 6. | |
In Schedule 7, paragraphs 1 to 3 and 6 and the preceding cross-heading in each case. | |
Solicitors' Recognised Bodies Order 1991 (S.I. 1991/2684) | In Schedule 1, the entry for the Faculty Jurisdiction Measure 1964. |
Church of England (Miscellaneous Provisions) Measure 1992 (No.1) | Section 3. |
Section 12. | |
Section 13. | |
In Schedule 3, paragraph 12 and the preceding cross-heading. | |
Church of England (Legal Aid) Measure 1994 (No. 1) | In Schedule 2, paragraph 3 and the preceding cross-heading. |
Care of Cathedrals (Supplementary Provisions) Measure 1994 (No. 2) | Section 9. |
Team and Group Ministries Measure 1995 (No. 1) | Section 16. |
In the Schedule, paragraphs 4(a), 5, 7 and 8. | |
Church of England (Miscellaneous Provisions) Measure 1995 (No. 2) | Section 13. |
Architects Act 1997 (c. 22) | Section 26(a). |
Care of Places of Worship Measure 1999 (No. 2) | The whole Measure. |
Care of Places of Worship Rules 1999 (S.I. 1999/2111) | Rule 9. |
Church of England (Miscellaneous Provisions) Measure 2000 (No. 1) | Section 13. |
Section 15. | |
Section 16. | |
Clergy Discipline Measure 2003 (No. 3) | Section 44(3) and (4). |
Section 45. | |
In Schedule 1, paragraph 2. | |
Constitutional Reform Act 2005 (c. 4) | |
In Schedule 17, paragraph 25 and the preceding cross-heading. | |
Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) | Section 7 |
Charities Act 2006 (c.50) | In Schedule 8, paragraph 46 and the preceding cross-heading. |
Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1) | In Schedule 2, paragraphs 20 to 22 and the preceding cross-heading. |
Church of England (Miscellaneous Provisions) Measure 2010 (No. 1) | Section 5. |
Care of Cathedrals Measure 2011 (No. 1) | In section 6(12), the words from “made under” to the end. |
In section 7(5), the words from “made under” to “1991”. | |
In section 24(1), the words from “made under” to “1991”. | |
In section 32(1), in the definition of “prescribed”, the words from “made under” to “1991”. | |
Ecclesiastical Fees (Amendment) Measure 2011 (No. 2) | Part 2. |
Section 5(1). | |
Legal Services Act 2007 (Designation as a Licensing Authority) (No.2) Order 2011 (S.I. 2011/2866) | In Schedule 2, the entry for the Faculty Jurisdiction Measure 1964. |
Clergy Discipline (Amendment) Measure 2013 (No. 2) | Section 9(4), (5) and (8). |
Church of England (Miscellaneous Provisions) Measure 2014 (No. 1) | Section 6. |
Section 7. | |
Section 13. | |
Section 15. | |
Section 17. | |
Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (No. 1) | Sections 1 to 9. |
Faculty Jurisdiction Rules 2015 (S.I. 2015/1568) | In Rule 21.1, the definition of “interim order” and the definition of “permission to appeal”. |
Safeguarding and Clergy Discipline Measure 2016 (No. 1) | Section 4(2) and (3). |