Modifications etc. (not altering text)
C1Sch. 3 modified by Cathedrals Measure 1963 (No. 2), s. 12(3) (as substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 10;Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
Sch. 3 modified (30.6.1999) by Cathedrals Measure 1999 (No. 1), ss. 12(4), 38(2)(3) (with ss. 33, 37, 38(5)(6))
44(1)In these rules:—
[F1“actual communicant member of the Church of England” means a member of the Church of England who is confirmed or ready and desirous of being confirmed and has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment;
“actual communicant member of a Church in communion with the Church of England” means a communicant member of a Church in communion with the Church of England who has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment.]
“the Measure” means the Synodical Government Measure 1969;
“minister” means:—
(a)the incumbent of a parish;
(b)a curate licensed to the charge of a parish or a minister acting as priest-in-charge of a parish in respect of which rights of presentation are suspended; and
(c)a vicar in a team ministry to the extent that the duties of a minister are assigned to him by a scheme under [F2the M1Pastoral Measure 1983] or his license from the bishop;
“parish” means:—
(a)an ecclesiastical parish; and
(b)a district which is constituted a “conventional district” for the cure of souls . . . F3.
“public worship” means public worship according to the rites and ceremonies of the Church of England.
(2)Any reference in these rules to the laity shall be construed as a reference to persons other than Clerks in Holy Orders, and the expression “lay” in these rules shall be construed accordingly.
[F4(3)Where a person has executed a deed of relinquishment under the M2Clerical Disabilities Act 1870 and the deed has been enrolled in the High Court and recorded in the registry of a diocese under that Act then, unless and until the vacation of the enrolment of the deed is recorded in such a registry under the M3Clerical Disabilities Act 1870 (Amendment) Measure 1934, that person shall be deemed not to be a clerk in Holy Orders for the purpose of paragraph (2) above or of any other provision of these rules which refers to such a clerk.]
[F5(4)]References in these rules to the cathedral church of the diocese shall include, in the case of the dioceses of London and Oxford, references to Westminster Abbey and St. George’s Chapel, Windsor, respectively.
[F5(5)]If any question arises . . . F6whether a Church is a . . . F6Church in communion with the Church of England, it shall be conclusively determined for the purposes of these rules by the Archbishops of Canterbury and York.
[F5(6)]In these rules words importing residence include residence of a regular nature but do not include residence of a casual nature.
[F5(7)]Any reference herein to “these rules” shall be construed as including a reference to Appendices hereto.
Textual Amendments
F1Definitions “actual communicant member of the Church of England” and “actual communicant member of a Church in communion with the Church of England” substituted for definition “actual communicant member” by S.I. 1973/1865, para. 30(1)
F2Words substituted by virtue of Interpretation Act 1978 (c.30, SIF 115:1), s. 17(2)(a)
F3Words repealed by S.I. 1980/178, para. 17(1)
F4Rule 44(3) inserted by S.I. 1980/178, para. 17(2)
F5Rule 44(4)—(7) (originally 44(3)—(6)) renumbered by S.I. 1980/178, para. 17(3)
F6Words repealed by S.I. 1973/1865, para. 30(2)
Marginal Citations
M11983 No. 1(21:4).
M31934 No. 1 (21:5).