Dioceses, Pastoral and Mission Measure 2007

Legislation Crest

E

Dioceses, Pastoral and Mission Measure 2007

2007 No. 1

A Measure passed by the General Synod of the Church of England to further the mission of the Church of England and, in particular, to make new provision, in place of the Dioceses Measure 1978 and section 8 of the Church of England (Miscellaneous Provisions) Measure 1983, for reviewing the provincial and diocesan structure of the Church of England and for making reorganisation schemes, for the change of name of sees, and for the creation and filling of suffragan sees, for the nomination of suffragan bishops and the delegation of functions to them and to other persons in episcopal orders and for the discharge of functions of certain diocesan bodies; to amend the Pastoral Measure 1983 in respect of the making of pastoral schemes and orders and of schemes for the closure of churches for regular public worship; to enable a diocesan bishop, by order, to endorse and make provision for mission initiatives; to make new provision for mission and pastoral committees; to replace the Council for the Care of Churches with a body named the Church Buildings Council and make new provision for it; to make provision for the description of assistant curates and for their functions; to make other amendments to the Pastoral Measure 1983; and for connected purposes.

[30th October 2007]

Part I EGeneral principle

1General dutyE

It shall be the duty of any person or body carrying out functions under this Measure or the Pastoral Measure 1983 to have due regard to the furtherance of the mission of the Church of England.

Commencement Information

I1S. 1 in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

Part II EProvincial and diocesan structure

Composition and duties of Dioceses CommissionE

2Dioceses CommissionE

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reorganisation schemesE

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for making reorganisation schemesE

5Application for reorganisation schemeE

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Making of reorganisation schemeE

8Confirmation of scheme by Order in Council and publication of schemeE

9Supplementary provisions with respect to reorganisation schemesE

Power of General Synod to make temporary provision with respect to membership of ConvocationsE

10Power of General Synod to make temporary provision with respect to membership of Convocations, etc.E

Change of name of seeE

11Change of name of seeE

General dutyE

12Duty of the bishop to keep episcopal ministry under reviewE

Provisions with respect to discharge of episcopal functionsE

13Delegation by instrument of certain functions to suffragan bishop or assistant bishopE

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Special provision with respect to rights of collationE

Prospective

16Provision with respect to Acts, etc. which confer functions on a diocesan bishopE

Creation and filling of suffragan seesE

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Provisions with respect to creation of suffragan seesE

Provisions with respect to discharge of functions of certain bodies corporate, etc.E

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Further provisions with respect to schemes under s.19E

Miscellaneous and supplementalE

21Power of Commissioners to pay stipend, etc. of certain bishopsE

Prospective

22Interpretation of Part IIE

Part III EProcedure for making pastoral schemes and orders and pastoral church buildings schemes

IntroductionE

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pastoral schemes and ordersE

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryE

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pastoral church buildings schemesE

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV EChurch buildings closed for regular public worship

IntroductionE

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of mission and pastoral committee concerning buildings closed for regular public worshipE

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pastoral church buildings schemesE

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pastoral (church buildings disposal) schemesE

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V EMission

Mission initiativesE

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51Code of PracticeE

(1)The House of Bishops shall draw up and promulgate guidance in a Code of Practice as to the exercise of the functions conferred by sections 47 to 50 above.

(2)The House of Bishops may amend or replace any Code issued under subsection (1) above by a further Code of Practice issued in accordance with this section.

(3)A Code of Practice shall be laid before the General Synod and shall not come into force until approved by the General Synod, whether with or without amendment.

(4)Where the Business Committee of the General Synod determines that a Code of Practice does not need to be debated by the General Synod then, unless—

(a)notice is given by a member of the General Synod in accordance with its Standing Orders that he or she wishes the Code to be debated, or

(b)notice is so given by any such member that he or she wishes to move an amendment to the Code,

the Code shall, for the purposes of subsection (3) above, be deemed to have been approved by the General Synod without amendment.

(5)The bishop or bishops who make any order or instrument under section 47, 49 or 50 above, any leader, any Visitor and any mission and pastoral committee shall be under a duty to have regard to any Code of Practice issued under this section.

Commencement Information

I2S. 51 in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

Part VI EMission and pastoral committees

Mission and pastoral committeesE

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII EOther provisions

Care of church buildingsE

Prospective

54Church Buildings CouncilE

55Functions of Council in relation to churches, etc. in useE

Prospective

56Functions of Council in relation to churches proposed for closure for regular public worshipE

Prospective

57General functions of the CouncilE

Pastoral ordersE

58Powers exercisable by pastoral orderE

Team ministries, team councils and new parishesE

59Amendment of Schedule 3 to 1983 MeasureE

Compensation of ClergyE

60Amendment of Schedule 4 to 1983 MeasureE

Assistant curatesE

61Assistant curatesE

Part VIII EMiscellaneous

MiscellaneousE

62InterpretationE

(1)In this Measure, unless the context otherwise requires—

  • the 1983 Measure” means the Pastoral Measure 1983 (1983 No. 1);

  • charity” has the meaning assigned to it by section 78(2) of the Charities Act 2006 (c. 50);

  • the Commissioners” means the Church Commissioners;

  • functions” includes powers and duties;

  • mission” means the whole mission of the Church of England, pastoral, evangelistic, social and ecumenical;

  • mission and pastoral committee” means the committee established under section 52(1) above;

  • pastoral church buildings scheme” has the meaning assigned to it by section 23(2) above; and

  • pastoral scheme” and “pastoral order” have the same meanings as in the 1983 Measure.

(2)Without prejudice to subsection (1) above, other expressions in Parts VI, VII and this Part of this Measure shall, unless the context otherwise requires, have the same meaning as in the 1983 Measure.

(3)Section 83 of the 1983 Measure shall apply to any documents required to be sent under this Measure as it applies to the documents referred to in that section and where any document is required to be sent under this Measure or under the 1983 Measure to the Commissioners it shall be addressed to the Secretary of the Commissioners.

(4)Any reference in any Measure or other enactment or in any instrument or document to the Council for the Care of Churches shall be construed as a reference to the Church Buildings Council and any rights, powers and duties exercisable by or imposed on the Council for the Care of Churches immediately before the coming into force of section 54(1) above shall, from that date, be exercisable by or imposed on the Church Buildings Council.

(5)Any reference in any Measure or other enactment or in any instrument or document to the pastoral committee or a redundant churches uses committee of a diocese shall be construed as a reference to the mission and pastoral committee.

(6)Any reference in the 1983 Measure or in any other enactment or instrument or document to redundancy, in relation to a church, declaring a church redundant, a declaration of redundancy or redundant church, building or property shall be construed as a reference to closure for regular public worship, declaring a building closed for regular public worship, a declaration of closure for regular public worship or a building closed for regular public worship, as the case may be and any reference to a redundancy scheme shall be construed as a reference to a pastoral (church buildings disposal) scheme.

Commencement Information

I4S. 62(1)(2)(3) in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

63Amendment of MeasuresE

(1)The 1983 Measure shall have effect subject to the further amendments set out in Schedule 5 to this Measure.

(2)In section 38(3) of the Endowments and Glebe Measure 1976 (1976 No. 4), the word “immediately” shall be omitted and after the word “follows” there shall be inserted the words “, whether immediately or after an interval,”.

(3)In section 16(2)(b) of the Patronage (Benefices) Measure 1986 (1986 No. 3), after “1983,” there shall be inserted the words “or any period during which the benefice is vacant immediately before the declaration of a suspension period or between suspension periods,”.

(4)In section 2(2) of the Church of England (Ecumenical Relations) Measure 1988 (1988 No. 3)—

(a)after the words “Extra-Parochial Ministry Measure 1967” there shall be inserted the words “or the bishop or bishops who make a bishop's mission order under section 47 of the Dioceses, Pastoral and Mission Measure 2007”; and

(b)in paragraphs (a) and (b) after the words “that institution” there shall be inserted, in each case, the words “or in connection with the initiative endorsed by the bishop's mission order”.

(5)In section 3(2)(e) of the Care of Cathedrals Measure 1990 (1990 No. 2) after the word “cathedral” there shall be inserted the words “and other”.

(6)In the Church Representation Rules contained in Schedule 3 to the Synodical Government Measure 1969, in rule 24(6)(b), for the words from “a diocesan synod” to the end there shall be substituted the words “or a diocesan synod whose names are entered on the roll of any parish in the deanery”.

(7)In rule 106 of the Clergy Discipline Rules 2005 (S.I. 2005/2002) for the definition of “bishop” there shall be substituted the following definition—

bishop” includes the suffragan, area or assistant bishop, as the case may be, where—

(a)disciplinary functions have been delegated in a diocese under an instrument made under section 13 or 14 of the Dioceses, Pastoral and Mission Measure 2007 or in an instrument having effect as if made under either of those sections by virtue of paragraph 3 of Schedule 6 to that Measure; or

(b)such functions are discharged under a scheme made under section 11 of the Dioceses Measure 1978 which continues in force under paragraph 5 of that Schedule..

Commencement Information

I5S. 63(1) in force at 1.1.2008 for specified purposes by 2007 No. 3, Instrument made by Archbishops

I6S. 63(5) in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

Prospective

64Transitional provisionsE

The transitional provisions set out in Schedule 6 to this Measure shall have effect.

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66Citation, commencement and extentE

(1)This Measure may be cited as the Dioceses, Pastoral and Mission Measure 2007.

(2)This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint, and different days may be appointed for different provisions.

(3)This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands and the Isle of Man, except that the provisions thereof may be extended to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957 or either of them, in accordance with those Measures, and, if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.

Commencement Information

I7S. 66 in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

SCHEDULES

Section 2(2)

SCHEDULE 1EThe Dioceses Commission

Constitution and MembershipE

1EThe Commission shall consist of a person to be known as “the Chair”, a person to be known as “the Vice-Chair” and eight other members.

2E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3EFour members of the Commission shall be elected by the General Synod from among its members and four members shall be appointed by the Appointments Committee of the Church of England either from among the members of the Synod or otherwise.

4EA person shall not be qualified for membership of the Commission who is a member of the Archbishops' Council, the Church Commissioners, their Assets Committee, their Audit Committee or any other committee of the Commissioners constituted by the Board of Governors or otherwise established under section 5(4) of the Church Commissioners Measure 1947 (10 & 11 Geo 6 No. 2) or any joint committee of the Commissioners and the Archbishops' Council appointed under that section.

5EA person who ceases to be qualified for membership of the Commission shall forthwith vacate the office to which that person was appointed except that a member who is a member of the General Synod may continue to act as a member of the Commission so long as that person is entitled to act during a period of its dissolution under paragraph 3(4) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2).

6ESubject to paragraph 7 below, the members of the Commission shall take office on the first day of May immediately following the termination of the period of office of the persons in whose place those persons were appointed or elected and shall hold office until the thirtieth day of April following the year in which the General Synod is next dissolved and a new Synod comes into being.

7EThe first appointments and elections of the members of the Commission shall take place as soon as practicable after the coming into force of section 2(2) above and—

(a)they shall take immediate effect, and

(b)the members shall hold office until the date specified in paragraph 6 above, except that if the period which elapses between the coming into force of section 2(2) above and that date is less than three years, they shall hold office until the thirtieth day of April following the year in which the second subsequent dissolution of the General Synod occurs and the new Synod comes into being following that dissolution.

8EAny member of the Commission shall on ceasing to hold office be eligible for re-appointment or re-election unless that person became a member by virtue of re-appointment or re-election under this paragraph or appointment under paragraph 9 below following re-election under this paragraph.

9EWhere a member of the Commission elected by the General Synod under paragraph 3 above has, following the dissolution of the Synod, not been re-elected to the new Synod, that person may be appointed by the Appointments Committee as a member and shall hold office until the thirtieth day of April following the year in which the new Synod comes into being.

Casual VacanciesE

10E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11EWhere a casual vacancy occurs among the members of the Commission elected by the General Synod, the General Synod may elect one of the members of the General Synod to fill the vacancy.

12EAny person appointed or elected to fill a casual vacancy shall hold office only for the unexpired portion of the term of office of the person in whose place that person was appointed or elected, but shall be eligible for re-appointment or re-election in accordance with paragraph 8 above.

CommitteesE

13EThe Commission shall have power to appoint such committees and may delegate to them such functions as it thinks fit.

ProceedingsE

14EThe quorum of the Commission shall be five members.

15ESubject to paragraph 16 below the Chair, if present, shall preside over meetings but—

(a)if the Chair is not present on any occasion, the Vice-Chair shall preside,

(b)if neither the Chair nor the Vice-Chair is present on any occasion, the Commission shall choose another member to preside, and

(c)either the Chair or Vice-Chair may decline to preside on any occasion when the Chair or Vice-Chair, as the case may be, considers it preferable not to do so, in which case sub-paragraph (b) above shall apply.

16ENo person shall preside on any occasion when the Commission is considering proposals affecting any diocese if that person is an elected member of the General Synod for that diocese or resides or holds any office of the Church of England in that diocese.

17EThe business of the Commission shall be decided by a majority of the members present and voting thereon and, in the event of an equal division of votes, the person presiding shall have a second or casting vote.

18ESubject to paragraph 14 above the Commission may act notwithstanding any vacancy in its membership.

19ESubject to the preceding provisions of this Schedule and to any other provision of this Measure, the Commission shall have power to regulate its own procedure.

Section 4(4)

SCHEDULE 2EContents of Reorganisation Schemes

PreliminaryE

1E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions relating to bishopsE

2EA scheme by which a new bishopric is to be founded and a new diocese is created shall specify the see of the bishop of the diocese and provide for—

(a)constituting the bishop of the diocese a corporation sole and investing him with all such rights, privileges and jurisdictions as are possessed by any other diocesan bishop in England;

(b)subjecting the bishop to the metropolitan jurisdiction of one of the archbishops; and

(c)the election of a bishop of the diocese.

3EA scheme by which a diocese is to be dissolved shall provide for abolishing the bishopric and conferring rights to compensation on the bishop of the diocese in accordance with paragraph 16 below.

Provisions relating to cathedral church etc.E

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

Provisions relating to abolition of bishopricsE

6(1)A scheme which abolishes a suffragan bishopric shall provide for vacating the office of that bishopric.E

(2)A scheme which provides for abolishing a suffragan bishopric and creating a diocesan bishopric shall provide for vacating the office of that suffragan bishopric.

(3)A scheme which provides for abolishing a diocesan bishopric and creating a suffragan bishopric shall provide for vacating the office of that diocesan bishopric.

(4)Where this paragraph applies the scheme shall provide for rights to compensation in accordance with paragraph 16 below.

(5)Where sub-paragraph (3) above applies the suffragan bishopric shall have effect as if an Order in Council had been made under section 2 of the Suffragans Nomination Act 1888 (51 and 52 Vict. c. 56) directing that the town concerned be taken and accepted for the see of a suffragan bishop.

Provisions relating to archdeaconries and deaneriesE

7(1)A scheme by which a new diocese is to be created shall make provision, by the creation of new archdeaconries or otherwise, for the archidiaconal supervision of the parishes comprised in the diocese.E

(2)A scheme may provide for creating, altering or dissolving an archdeaconry or deanery, and shall name any new archdeaconry or deanery created by the scheme.

Section 39 of the 1983 Measure shall apply to provisions included in a scheme by virtue of this paragraph as if those provisions were or were included in a pastoral scheme or order made under that Measure.

8EA scheme by which a diocese or archdeaconry is to be dissolved shall make provision for conferring rights to compensation on an archdeacon whose office is to be abolished by the scheme, in accordance with paragraph 16 below.

Provisions relating to patronageE

9(1)A scheme shall provide for transferring to the bishop of a diocese, or to the diocesan board of patronage thereof, any right of patronage of a benefice which by virtue of the scheme is to become a benefice in that diocese, being a right which immediately before the commencement of the scheme was vested in the bishop, or the diocesan board of patronage, of another diocese affected by the scheme.E

(2)A scheme may also provide for appointing a new person or the holder of an existing office to replace any person who holds office in a diocese or cathedral and who is a registered patron in relation to such a benefice or one of a number of such patrons or who is a trustee of such a right of patronage or a member of a corporate body holding such a right.

Provisions relating to diocesan synods and other bodiesE

10(1)A scheme by which a new diocese is to be created shall make provision with respect to the membership of the diocesan synod of the new diocese during the transitional period.E

(2)Any other scheme may make provision for altering the numbers of elected members of the diocesan synod of a diocese affected by the scheme, the alteration to have effect only during the transitional period.

(3)Where a diocese is to be dissolved by a scheme, the provision to be made under this paragraph shall include such provision as is necessary to ensure that all persons who immediately before the transitional period begins were members of the diocesan synod of that diocese, having been elected thereto by the houses of clergy or the houses of laity of the deanery synods in that diocese, will during the transitional period be members of the appropriate house of the diocesan synod of a diocese created or affected by the scheme.

(4)In this paragraph “transitional period” means the period beginning with the date of the taking effect of the scheme in question and ending with the first day of August next following the election of members of diocesan synods next held after the first mentioned date in accordance with the Church Representation Rules as for the time being in force.

11EA scheme by which a new diocese is to be created shall make provision—

(a)requiring the diocesan synod thereof, at its first meeting, to appoint the bishop's council and standing committee of the synod and to constitute the diocesan board of finance for the diocese in accordance with the Diocesan Boards of Finance Measure 1925 (15 & 16 Geo. 5 No. 3) and, at that or the next following meeting, to appoint every other board, committee or panel which such a synod is required by any Measure to appoint;

(b)authorising those persons who were members of the bishop's council and standing committee of the diocesan synod of any diocese any part of the area of which is to be comprised in the new diocese to act as bishop's council and standing committee of the diocesan synod of the new diocese until such a council and committee is appointed in accordance with a provision made by virtue of sub-paragraph (a) above;

(c)requiring the persons referred to in sub-paragraph (b) above to make the necessary arrangements for the first meeting of such synod and to settle the agenda for that meeting.

12(1)A scheme by which a diocese is to be dissolved shall provide for the winding up or dissolution of every diocesan body for the diocese.E

(2)A scheme may provide for the abolition of any office for which provision is made by any Measure and for creating and filling any new office and shall provide for conferring rights to compensation on any person whose office is abolished in accordance with paragraph 16 below.

(3)In sub-paragraph (1) above “diocesan body” has the same meaning as in section 19 above.

Provisions relating to propertyE

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

14EParagraph 13 above shall apply to a scheme by which the boundaries between dioceses are to be altered without creating a new diocese or by which a diocese is dissolved and its area is transferred to one or more existing dioceses as if the diocese in which any part of the area of another diocese is to be comprised were the new diocese.

Provisions relating to recordsE

15EA scheme may make provision for the transfer to the registrar of a diocese or to any other person or body specified by the scheme of the records and other documents relating to the benefices or parishes which by virtue of the scheme are to be comprised in that diocese and to the clergy who are to hold office therein or to any other diocesan office or body or the holders or members of any such office or body in existence before the scheme takes effect.

Provisions relating to compensationE

16(1)A scheme which provides for the abolition or reduction in status of any office in a cathedral or diocese shall make provision for conferring rights to compensation on the holder of that office who has suffered loss in consequence thereof (unless he or she is also an employee in relation to the same function) and shall also make provision with respect to—E

(a)the manner in which claims to, and the amount of, such compensation are to be determined;

(b)the matters to be taken into account in determining whether any claimant has suffered loss giving a right to compensation;

(c)the circumstances in which payments of such compensation consisting of periodical payments may be suspended, renewed or terminated or the amount thereof increased or reduced;

(d)the body by which, and the resources from which, such compensation is to be paid;

and different provision may be made for different cases.

(2)The Commission shall make rules regarding the general principles to be applied in determining rights of compensation under this paragraph and may amend or replace any rules by further rules made in accordance with this paragraph.

(3)Rules made under this paragraph shall be laid before the General Synod and shall not come into force until approved by the General Synod, whether with or without amendment.

(4)Where the Business Committee of the General Synod determines that any rules do not need to be debated by the General Synod then, unless—

(a)notice is given by a member of the General Synod in accordance with its Standing Orders that he or she wishes the rules to be debated, or

(b)notice is so given by any such member that he or she wishes to move an amendment to the rules,

the rules shall, for the purposes of sub-paragraph (3) above, be deemed to have been approved by the General Synod without amendment.

(5)Any person or body exercising functions in relation to the conferring of rights of compensation or to the payment of compensation under this paragraph shall be under a duty to have regard to any rules made thereunder.

Provision relating to proceedings in consistory courtE

17EA scheme by which a diocese is dissolved or under which any church or other building or land is transferred to a new diocese may make provision for any proceedings pending in the consistory court of the first mentioned diocese or the diocese in which the building or other land is situated on the date when the scheme takes effect to be heard and determined in the court where the proceedings are pending.

Provisions relating to supplementary, etc. mattersE

18(1)A scheme may make such supplementary, incidental, consequential or transitional provisions as appear to the Commission to be necessary or expedient for giving effect to the purposes of the scheme.E

(2)Without prejudice to the generality of sub-paragraph (1) above, a scheme may make provision for preserving the effect of any thing of whatever nature done by a body established for a diocese which is to be dissolved by the scheme or any part of which is to be transferred to another diocese or by the holder of an office in such a diocese in his or her capacity as such.

(3)A scheme may amend or repeal any provision of any Order in Council made under any Act or Measure which provided for the foundation of a bishopric if it appears to the Commission that that provision is inconsistent with or rendered unnecessary by the provisions of the scheme.

(4)A scheme shall, where the Commission considers it appropriate, have annexed thereto a map showing the changes to be made by the scheme.

(5)A scheme may provide that the scheme shall come into operation on a specified date, or on the happening of a specified event or contingency and different dates, events or contingencies may be specified for different provisions.

Section 52(4)

SCHEDULE 3EConstitution and Procedure of the Mission and Pastoral Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 54(2)

SCHEDULE 4EThe Church Buildings Council

Prospective

MembershipE

1EThe Council shall consist of a person who shall be known as the Chair of the Council who shall be appointed by the Archbishops of Canterbury and York after consultation with the Appointments Committee of the Church of England and not more than 23 other members.

2EThe following members shall be appointed by the Archbishops of Canterbury and York—

(a)four members shall be appointed on the nomination of the Secretary of State, who shall include persons who, between them, have special knowledge of or expertise in history, architecture, archaeology and aesthetics;

(b)three members of the General Synod shall be appointed on the nomination of the Appointments Committee, who shall have knowledge of or expertise in matters relevant to the Council's work;

(c)three other persons having such knowledge or expertise shall be appointed on the nomination of the Council (including the Council for the Care of Churches as constituted immediately before the coming into force of this Schedule);

(d)three persons shall be appointed on the nomination of an annual meeting of the Chairmen and Secretaries of the Diocesan Advisory Committees;

(e)one person shall be appointed on the nomination of the Cathedrals Fabric Commission for England;

(f)one person shall be appointed on the nomination of the Appointments Committee, who shall have expertise in the innovative use of churches and former churches, including their management and development; and

(g)three persons shall be appointed on the nomination of the Appointments Committee, which shall have regard to the need to include amongst the members of the Council persons who have expertise in history, architecture, archaeology, archives, art and liturgy.

3ENot more than two persons may be co-opted by the Council to reflect such specialist interests, not otherwise represented, as the Council thinks fit.

4EThree members shall be elected by the General Synod from among its members, who shall have knowledge of or expertise in matters relevant to the Council's work.

5EThe following persons shall not be eligible for membership of the Council—

(a)for the purposes of paragraphs 1 to 4 above, a member or employee of the Commissioners, or a member of their Assets Committee, their Audit Committee or any other committee of the Commissioners constituted by the Board of Governors or otherwise established under section 5(4) of the Church Commissioners Measure 1947 (10 & 11 Geo. 6 No. 2) or any joint committee of the Commissioners and the Archbishops' Council appointed under that section or a member or employee of the Churches Conservation Trust, and

(b)for the purposes of paragraph 2(a) above, the persons referred to in subparagraph (a) above and a member or employee of the Archbishops' Council or a member of the General Synod or of any diocesan body within the meaning of section 56(2) above.

6EThe Chair of the Council shall hold office for such period as may be determined by the Archbishops of Canterbury and York, not exceeding five years and the Archbishops may determine that the Chair shall hold office for a second term not exceeding five years, and for the purposes of this paragraph the periods for which the Chair may serve shall include any period as Chair of the Council for the Care of Churches served immediately before the coming into force of this Schedule or spanning a period immediately before and immediately after that date.

7ESubject to paragraph 8 below, the other members of the Council shall take office on the first day of June immediately following the termination of the period of office of the persons in whose place those persons were appointed or elected and shall hold office until the thirty first day of May following the year in which the General Synod is next dissolved and a new Synod come into being.

8EThe first appointments and elections of the members of the Council shall take place as soon as practicable after the coming into force of section 54(2) above and—

(a)they shall take immediate effect, and

(b)the members shall hold office until the date specified in paragraph 7 above, except that if the period which elapses between the coming into force of section 54(2) above and that date is less than three years they shall hold office until the thirty first day of May following the year in which the second subsequent dissolution of the General Synod occurs and the new Synod comes into being following that dissolution.

9EA member (other than the Chair) shall on ceasing to hold office be eligible for re-appointment or re-election for a second term not exceeding five years and for the purposes of this paragraph the periods for which the member may serve shall include any period of membership of the Council for the Care of Churches served immediately before the coming into force of this Schedule or spanning a period immediately before and immediately after that date.

10EA member of the Council appointed under paragraph 2(b) above or elected by the General Synod under paragraph 4 above shall cease to hold office on ceasing to be a member of the Synod, except that a member who is a member of the General Synod may continue to act as a member of the Council so long as that person is entitled to act during a period of dissolution under paragraph 3(4) of Schedule 2 to the Synodical Government Measure 1969 (1969 No.2) and if, following the dissolution of the Synod, that person is not re-elected to the new Synod the Archbishops of Canterbury and York may, on the recommendation of the Appointments Committee, appoint that person as a member to hold office until the thirty-first day of May following the year in which the new Synod comes into being.

Prospective

Casual vacanciesE

11EWhere a casual vacancy occurs among the Chair or the other members of the Council appointed by the Archbishops of Canterbury and York the Archbishops may, having regard to any provision of paragraph 2 above relating to the knowledge or expertise of the person whose place is to be filled and after such consultation or nomination as may have been required by any such provision or by paragraph 1 above before that person was appointed, appoint a person to fill the vacancy.

12EWhere a casual vacancy occurs among the members of the Council elected by the General Synod, the General Synod may elect one of its members to fill the vacancy, being a person who has knowledge of or expertise in matters relevant to the Council's work.

13EWhere a casual vacancy occurs among the co-opted members of the Council the Council may co-opt a person to fill the vacancy to reflect such interests as are referred to in paragraph 3 above.

14EAny person appointed or elected to fill a casual vacancy whether before or after the coming into force of this Measure shall hold office only for the unexpired portion of the term of office of the person in whose place he or she is appointed or elected, but shall be eligible to be re-appointed or re-elected for one further term of office, and if the Archbishops of Canterbury and York so direct, shall be eligible for re-appointment or re-election for a second further term.

Prospective

CommitteesE

15EThe Council shall have power to appoint such committees and may delegate to them such functions as it thinks fit, provided that this paragraph shall not apply to the Statutory Advisory Committee.

16EPersons who are not members of the Council may be appointed to any committee thereof, provided that this paragraph shall not apply to the Statutory Advisory Committee.

17EWithout prejudice to paragraph 15 above, there shall be a Committee of the Council, which shall be known as the “Statutory Advisory Committee”, which shall have the functions set out in paragraphs 19 to 21 below.

18EThe Statutory Advisory Committee shall consist of a person who shall be known as the Chair who shall be the Chair of the Council and the following members—

(a)the four members of the Council appointed under paragraph 2(a) above; and

(b)three other members, who shall be appointed by the Council from among its members.

19EThe Statutory Advisory Committee shall, on behalf of the Council, discharge the functions described in section 56(1)(b) and (c) above.

20EThe Council may delegate such other functions to and seek the advice of the Statutory Advisory Committee on such other matters, as it thinks fit and may do so, generally, or in relation to specified categories of matter, or in relation to specified matters.

21EThe Statutory Advisory Committee shall report to the Council on the discharge of its functions from time to time and, in any event, at least every six months and at such times or intervals as the Council may direct.

22EThe procedure of the Statutory Advisory Committee shall be as follows—

(a)the quorum shall be four members, of whom not less than two members shall be members by virtue of paragraph 18(a) above, and

(b)the Chair shall not be entitled to vote and any person chosen to preside, in the absence of the Chair, shall not have a second or casting vote,

but, save as aforesaid, paragraphs 24 to 27 below shall apply to the proceedings of the Committee as they apply to the proceedings of the Council with the substitution, in paragraphs 25 and 27, of the word “Committee” for the word “Council”.

Prospective

ProceedingsE

23EThe quorum of the Council shall be eight members.

24EThe business of the Council shall be decided by a majority of the members present and voting thereon and, in the event of an equal division of votes, the person presiding shall have a second or casting vote.

25EThe Chair, if present, shall preside over meetings but, if the Chair is not present or, if the Chair declines to preside on any occasion when he or she considers it preferable not to do so, the Council shall choose another member to preside.

26ESubject to paragraph 23 above, the Council may act notwithstanding any vacancy in its membership.

27ESubject to the preceding provisions of this Schedule, the Council shall have power to regulate its own procedure.

Section 63(1)

SCHEDULE 5EAmendment of Pastoral Measure 1983

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7EIn section 44—

(a)any reference to the Advisory Board shall be construed as a reference to the Church Buildings Council;

(b)in subsection (2) for the word “six” there shall be substituted the word “ nine ”; and

(c)after subsection (9A) there shall be inserted the following subsections—

(9B)If—

(a)the Church Buildings Council has prepared a report, under section 3(8), about a church in respect of which the mission and pastoral committee is considering whether to make a recommendation that a declaration of closure for regular public worship be made, and

(b)the Commissioners, after consulting the Council, are of the opinion that, in the event of the church being closed for regular public worship and no suitable alternative use being found for it, it is likely that the building is of such historic and archaeological interest or architectural quality that it ought to be preserved in the interests of the nation and the Church of England,

the Commissioners may, with the consent of the mission and pastoral committee, and subject to any conditions or limitations which they may specify, request the Churches Conservation Trust to give advice to them and, if specified, advice or assistance to any other specified person or body, in identifying and developing proposals for any use or uses of the church, or any part of it, which would be consistent with the primary use of the church as a whole as a place of worship and which would have the object of ensuring the continuance of that use.

(9C)Notwithstanding subsection (4), the Trust shall have power to give such advice and assistance as is described in subsection (9B)..

Commencement Information

I8Sch. 5 para. 7(b) in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

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Section 64

SCHEDULE 6ETransitional Provisions

Prospective

1EIn this Schedule “the 1978 Measure” means the Dioceses Measure 1978 (1978 No. 1).

Prospective

2EAny reorganisation scheme made under section 6 and confirmed by Order in Council under section 7 of the 1978 Measure which is in force immediately before the coming into force of sections 7 and 8 above shall have effect as if it had been made under section 7 and confirmed by Order in Council under section 8 above.

Prospective

3EAny instrument made by a bishop under section 10 of the 1978 Measure or made under section 8 of the Church of England (Miscellaneous Provisions) Measure 1983 (1983 No. 2) which is in force immediately before the coming into force of sections 13 and 14 above shall have effect as if it had been made under section 13 or 14 above, as the case may be.

Prospective

4EWhere any proposal has been made by a bishop under section 18 of the 1978 Measure to create a suffragan see which has not been approved by the General Synod under that section at the time of the coming into force of section 18 above the proposal shall be treated as if it had been made under section 18 above and the provisions of that section shall apply to the proposal accordingly.

5EAny scheme made under section 11 of the 1978 Measure and in force immediately before the coming into force of section 13 above shall, notwithstanding the repeal of that section, continue in force, but the bishop of the diocese to which the scheme relates may, with the consent of the diocesan synod of that diocese, vary or revoke the scheme by an instrument in writing and—

(a)the said section 11 shall apply to an instrument varying the scheme as if it were a scheme made under section 11, and

(b)sections 12 and 13 of the 1978 Measure shall not apply to such an instrument.

Prospective

6EWhere, on the coming into force of Parts III and IV of this Measure—

(a)any action has been taken under section 3 of the 1983 Measure with a view to making recommendations for the formulation of draft proposals for a pastoral scheme or order, or

(b)any such proposals have been formulated, or

(c)any draft pastoral scheme or order has been prepared under section 5 of the 1983 Measure, or

(d)any draft redundancy scheme has been prepared under section 50 of the 1983 Measure,

but no pastoral scheme or order, or redundancy scheme, as the case may be, has been made the 1983 Measure shall continue to apply as if this Measure had not been passed until any such scheme or order has been made, but, thereafter, any such scheme or order shall have effect as if it had been made under the 1983 Measure, as amended by this Measure.

Prospective

7EAny pastoral scheme or order or redundancy scheme made, but not revoked, on the coming into force of Parts III and IV of this Measure shall have effect as if made under the 1983 Measure as amended by this Measure.

8EAny pastoral committee or diocesan redundant churches uses committee for any diocese shall continue in existence until a mission and pastoral committee is established for that diocese under section 52 above and the 1983 Measure shall have effect accordingly.

Section 65

SCHEDULE 7ERepeals

Measure Extent of repeal
1964 No. 5, The Faculty Jurisdiction Measure 1964 In section 15, the definition of “council”.
1969 No. 2, The Synodical Government Measure 1969 In the Church Representation Rules contained in Schedule 3, in rule 34(1)(c) the words after “being” to “any other diocese”.
1978 No. 1, The Dioceses Measure 1978 The whole Measure.
1983 No. 1, The Pastoral Measure 1983
1983 No. 2, The Church of England (Miscellaneous Provisions) Measure 1983
1986 No. 1, The Bishops (Retirement) Measure 1986 Section 11(2).
1988 No. 1, The Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 Section 6.
1990 No. 1, The Clergy (Ordination) Measure 1990 Section 2.
1990 No. 2, The Care of Cathedrals Measure 1990 In section 20(1), the definition of “Council for the Care of Churches”.
1991 No. 1, The Care of Churches and Ecclesiastical Jurisdiction Measure 1991 In section 31(1), the definition of “Council for the Care of Churches”.
1992 No. 1, The Church of England (Miscellaneous Provisions) Measure 1992 In Schedule 3, paragraph 18.
1994 No. 1, The Pastoral (Amendment) Measure 1994 Section 1.
1995 No. 2, The Church of England (Miscellaneous Provisions) Measure 1995
1999 No. 1, The Cathedrals Measure 1999 In Schedule 2, paragraph 7.
1999 No. 2, The Care of Places of Worship Measure 1999 In section 6(1), the definition of “Council for the Care of Churches”.
2000 No. 1, The Church of England (Miscellaneous Provisions) Measure 2000 Section 18.
2003 No. 1, The Synodical Government (Amendment) Measure 2003 In section 2, subsections (3), (4) and (5).
2005 No. 3, The Church of England (Miscellaneous Provisions) Measure 2005 In Schedule 4, paragraphs 10 and 13.