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Statutory Instruments
Ecclesiastical Law
Church Of England
Made
19th July 2022
Coming into force in accordance with article 1
At the Court at Windsor Castle, the 19th day of July 2022
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty in the exercise of Her prerogatives as Sovereign in right of the Bailiwick of Jersey as humbly requested to be exercised on behalf of the Bailiwick by Act of the States Assembly of the first day of March 2022, and also in the exercise of the powers conferred by the Channel Islands Measure 2020(1) and the Channel Islands (Church Legislation) Measure 1931(2), is pleased by and with the advice of Her Privy Council to order as follows.
1.—(1) This Order may be cited as the Attachment of Jersey to the Diocese of Salisbury Order 2022.
(2) This Order comes into force on the day on which it is registered by the Royal Court of Jersey.
2.—(1) The Bailiwick of Jersey is, by virtue of this Order, as a matter of and for the purposes of the law of Jersey attached to the Diocese of Salisbury instead of to the Diocese of Winchester.
(2) Such jurisdiction as the Bishop of Winchester had in relation to the Bailiwick of Jersey immediately before the commencement of this Order is transferred to the Bishop of Salisbury.
3.—(1) Anything (including legal proceedings) which, immediately before commencement of this Order, was in the process of being done by or in relation to the Bishop of Winchester may, so far as it relates to the jurisdiction as Bishop in respect of Jersey (in pursuance of the Order of 1569 or customary or statutory law since the Order of 1569) be continued by or in relation to the Bishop of Salisbury.
(2) Anything done (or having effect as if done) by or in relation to the Bishop of Winchester in connection with the jurisdiction as Bishop in respect of Jersey (in pursuance of the Order of 1569 or customary or statutory law since the Order of 1569) has effect, so far as necessary for its continuing effect after commencement of this Order, as if done by or in relation to the Bishop of Salisbury.
(3) This article does not affect the validity of anything done (or having effect as if done) by or in relation to the Bishop of Winchester in connection with jurisdiction as Bishop in respect of Jersey from the Order of 1569 until commencement of this Order.
(4) In this article “Order of 1569” means the Order of Her late Majesty Queen Elizabeth I made on the eleventh day of March 1569 with the advice of Her Privy Council and in the exercise of Her prerogatives as Sovereign in right of the Bailiwick of Jersey pursuant to which Jersey was attached to the episcopal See of Winchester.
4.—(1) In section 1 of the Channel Islands (Church Legislation) Measure 1931 as it has effect in Jersey the definition of “the Bishop” is amended such that for “Winchester” there is substituted “Salisbury”.
(2) In section 1 of the Channel Islands (Representation) Measure 1931 as it has effect in Jersey the definition of “the Bishop” is amended such that for “Winchester” there is substituted “Salisbury”.
(3) The Synodical Government Channel Islands Order 1970 is to be construed such that the functions of the Salisbury diocesan synod shall be exercisable in respect of Jersey instead of the functions of the Winchester diocesan synod.
(4) The references in each of the Channel Islands (Church Legislation) Measure 1931 and the Channel Islands (Representation) Measure 1931 to the Islands, or to either or each of them, are to be read as references to the Bailiwicks or to either or each of them. In this paragraph “the Bailiwicks” means both—
(a)The Bailiwick of Jersey, and
(b)The Bailiwick of Guernsey.
(5) In section 4 of the Channel Islands (Representation) Measure 1931 (qualification of electors) as it has effect in Jersey, for paragraph (b) there is substituted—
“(b)is either—
(i)a member of the Church of England or of a Church in communion with it, or
(ii)a member of the Church of England and a member in good standing of a Church which is not in communion with it but subscribes to the doctrine of the Holy Trinity;”
(6) In section 4 of the Channel Islands (Representation) Measure 1931 (qualification of electors) as it has effect in Jersey, in paragraph (c) in place of “of seventeen years or upwards” there is substituted “aged 16 or over”.
(7) In section 5 of the Channel Islands (Representation) Measure 1931 (election of lay representatives) as it has effect in Jersey, in place of “annually” there is substituted “triennially”.
(8) In the Schedule to the Channel Islands (Representation) Measure 1931 (application for enrolment on church electoral roll) as it has effect in Jersey, for paragraphs (i) to (iv) of the declaration there is substituted—
“(i)I am baptised
(ii)I am a member of the Church of England, or I am a member of ***, being a Church in communion with the Church of England, or I am a member in good standing of ***, being a Church which is not in communion with the Church of England but subscribes to the doctrine of the Holy Trinity and I am also a member of the Church of England.*
(iii)I am aged 16 or over.
(iv)I am resident in the Island of ***”.
Richard Tilbrook
Clerk of the Privy Council
(This note is not part of the Order)
This Order transfers Episcopal responsibility for Jersey from the Bishop and Diocese of Winchester to the Bishop and Diocese of Salisbury. It is intended that this single Order in Council provide for the attachment of Jersey to the Diocese of Salisbury as a matter of both Jersey Law and English Law.