Pastoral Measure 1983 (repealed) No. 1

Part I E Procedure for making Pastoral Schemes and Orders

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 35-39, 66(2) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

C2 Pt. 1 applied (with modifications) (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 23-34, 66(2) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

Pastoral committees E

F1 1 Constitution and procedure of pastoral committees. E

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Textual Amendments

F1 S. 1 repealed (1.2.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 7 (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

F2 2 Duties of pastoral committees. E

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Textual Amendments

F2 S. 2 repealed (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 7 (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops

[F3 2A Conventional districts E

It shall be the duty of the pastoral committee of a diocese from time to time as may be directed by the bishop, and in any event at least once every five years, to review the arrangements for pastoral supervision in each conventional district in the diocese and, in cases where they consider it desirable, to make recommendations to the bishop in accordance with section 3 for any of the matters for which provision may be made under this Measure (other than section 36) by a pastoral scheme or pastoral order.]

Textual Amendments

F3 S. 2A inserted (1.1.2004) by Synodical Government (Amendment) Measure 2003 (No. 1), ss. 2(2), 4(2); 2003 No. 2, Instrument made by Archbishops

3 Formulation and submission to bishop of draft proposals. E

(1) Before deciding to make any recommendations to the bishop, the pastoral committee shall so far as may be practicable ascertain the views of the interested parties or, subject to subsection (7)(a) in the case of interested parties being local planning authorities, invite them to express their views.

(2) Subject to subsections (3) and (4), in this Part “interested parties”, in relation to any recommendations, proposals or draft scheme or order, means—

(a) incumbents of any benefices which would be affected by the implementing thereof, including vicars in a team ministry established for the area of any such benefice;

(b) the patrons of any such benefices;

(c) the parochial church councils of any parishes which would be so affected;

(d) the priests in charge of any conventional districts wholly or partly within the area of any benefices which would be so affected and the parochial church councils of such districts;

(e) the archdeacons and rural deans of any archdeaconries and deaneries which would be so affected or to which any such benefices or parishes belong and the lay chairmen of the deanery synods of any such deaneries; and

(f) the local planning authority or authories concerned.

For the purposes of this subsection a change in the patronage of a benefice shall be deemed to affect that benefice and the parish or parishes thereof.

(3) In this Part “interested parties”, in relation to any recommendations, proposals, draft scheme or order which are or is limited to creating, altering or dissolving archdeaconries or deaneries, or altering the name of any archdeaconry or deanery, means—

(a) the parochial church councils of any parishes for which a change of archdeaconry or deanery, or an alteration of the name thereof, is contemplated or proposed and the parochial church councils of any conventional districts wholly or partly within such parishes;

(b) the incumbents of benefices to which such parishes belong and the priests in charge of such districts; and

(c) the archdeacons and rural deans of the archdeaconries and deaneries affected and the lay chairmen of the deanery synods of such deaneries.

[F4 Where a team ministry is established for the area of a benefice, the reference in paragraph (b) to the incumbents of benefices shall in relation to that benefice be construed as a reference to all the persons who constitute the team under section 20(1).]

(4) In the case of [F5 recommendations under section 2A and of] proposals and orders under section 14, the local planning authority or authorities shall not be included among the interested parties.

(5) In the case of interested parties, being incumbents or vicars in a team ministry, the pastoral committee shall, before reaching their decision, afford to each incumbent or vicar, if he so desires, an opportunity of meeting the committee or sub-committee or representative thereof, but, in the case of a recommendation for a union of benefices or otherwise for the dissolution of any benefice or the holding in plurality of any benefice or benefices, or the establishment of a team or group ministry for any benefice or benefices, or the abolition of any office of vicar in a team ministry, the incumbent of the benefice or each of the benefices or the holder of the office of vicar shall have an opportunity of meeting the committee (as distinct from a sub-committee or representative thereof), if he so desires.

(6) In the case of interested parties, being parochial church councils, the committee shall, before reaching their decision, afford to each council or their representative, if the council so request, an opportunity of meeting the committee or, if the committee so decide, a sub-committee thereof, or, with the consent of the council, a representative of the committee.

(7) Before deciding to make a recommendation that a declaration of redundancy be made in respect of any church the committee shall—

(a) ascertain the views of any local planning authority or authorities concerned;

(b) notify the Council for the Care of Churches of the church or churches in respect of which the committee might decide to make such a recommendation and obtain from them a copy of the report which the Council are required to prepare under subsection (8).

(8) As soon as practicable after receiving a notice under subsection (7) the said Council shall prepare a report about—

(a) the historic interest and architectural quality of each church mentioned in the notice and of other churches in the area;

(b) the historic interest and aesthetic qualities of the contents of that and those churches;

(c) any special features of any churchyard or burial ground annexed to any of them;

and shall send a copy of that report to the Commissioners, the diocesan board of finance and the committee.

(9) When the committee have decided to make recommendations, they shall formulate them in draft proposals and submit them to the bishop, and the bishop may, with the agreement of the committee, make such amendments of the draft proposals as appear to him desirable.

(10) The committee shall annexe to the draft proposals formulated by them a statement of the views of the interested parties and, if those proposals include a proposal that a declaration of redundancy be made in respect of any church, the committee shall annexe a copy of the report prepared by the said Council under subsection (8) to the draft proposals.

(11) In this section “incumbent”, in relation to a benefice in respect of which a suspension period has been declared and is for the time being in force, means the priest in charge thereof.

Textual Amendments

F4 Words inserted by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 11

F5 Words in s. 3(4) inserted (1.1.2004) by Synodical Government (Amendment) Measure 2003 (No. 1), ss. 2(3), 4(2); 2003 No. 2, Instrument made by Archbishops

4 Approval by bishop of draft proposals. E

(1) If the bishop approves either with or without amendments draft proposals submitted to him under section 3(9) he shall submit the proposals as approved to the Commissioners and inform the pastoral committee that he has done so.

(2) The pastoral committee shall send a copy of the proposals as approved by the bishop to every interested party with a notice informing him [F6 that if the Commissioners prepare a draft scheme or order to give effect to the proposals he will be given an opportunity of making representations with respect thereto].

Textual Amendments

F6 Words in s. 4(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 4 para. 2; 2006 No. 2, Instrument made by Archbishops

5 Amendment of proposals and preparation of draft scheme or order by Commissioners. E

(1) The Commissioners shall consider any proposals submitted to them as aforesaid and the bishop, in consultation with the pastoral committee, shall consider any comments made by the Commissioners with respect to any of the proposals.

(2) If the proposals provide for a declaration of redundancy and also provide, in the circumstances mentioned in section 46 or section 47—

(a) for the demolition of the church to which the declaration relates, or

(b) for the church being put to a use involving architectural or structural changes in the church, or

(c) for the case and maintenance of the church by the Redundant Churches Fund;

the Commissioners shall consult the Advisory Board.

(3) After the provisions of the foregoing subsections have been complied with the Commissioners may make, with the agreement of the bishop given after consultation with the pastoral committee, such amendments of the proposals as appear to them desirable.

(4) If it appears to the Commissioners that the implementing of the proposals, with such amendments (if any) as may have been made under subsection (3), would be within the powers exercisable under this Measure (other than section 36) by a pastoral scheme or order, they shall proceed as follows—

(a) if the implementing of the proposals or any of them would require the exercise of powers only exercisable by a pastoral scheme, the Commissioners shall prepare a draft scheme to give effect to the proposals; or

(b) if all the proposals could be implemented by the exercise of powers by a pastoral order (being powers mentioned in section 37), they shall prepare a draft order to give effect to the proposals:

Provided that—

(i) the Commissioners may, with the agreement of the bishop given after consultation with the pastoral committee, decide to proceed with some but not all of the proposals, and in that case this subsection shall apply as if they were the only proposals;

(ii) if some but not all the proposals concerned could be implemented by a pastoral order, the Commissioners may prepare a draft order to give effect to those proposals, or some of them, and prepare a draft scheme to give effect to the other proposals;

(iii) the Commissioners shall not be obliged to prepare a draft order to give effect to a proposal to create an archdeaconry or a proposal that the income of the endowments of a benefice, or part thereof, shall be paid to the income account of the diocesan stipends fund.

6 Notice and publication of draft schemes or orders. E

(1) F7 ... The Commissioners shall serve a copy of any draft scheme or order prepared under section 5 on each of the interested parties, together with a notice stating that written representations with respect thereto may be made to the Commissioners not later than a date specified in the notice, being a date not less than twenty-eight days after the service of the notice.

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a draft scheme provides for a declaration of redundancy, the Commissioners shall—

(a) also serve a copy thereof on the Advisory Board and on the Commonwealth War Graves Commission [F9 , English Heritage and the Joint Committee of the National Amenity Societies] and, if the draft scheme provides for the care and maintenance of the redundant building by the Redundant Churches Fund, on that Fund;

(b) publish in one or more newspapers circulating in the locality affected by the scheme a notice stating the objects of the draft scheme and naming a place or places within the locality where a copy thereof may be inspected, and stating that written representations with respect to the draft scheme may be made to the Commissioners not later than a date specified in the notice, being a date not less than twenty-eight days after the first publication of the notice in such a newspaper;

and the provisions of paragraph (a) (so far as it relates to the said Commission) and of paragraph (b) shall also apply to a draft scheme providing for any of the matters mentioned in section 30.

(4) The Commissioners shall, in the case of every draft scheme, send copies of such a notice as is mentioned in subsection (3), but specifying a date not less than twenty-eight days after the sending of the notice, to the secretary of the parochial church council of every parish affected by the draft scheme, and require him to affix a copy on or near the principal door of every church in the parish and every building licensed by the bishop for public worship in the parish.

(5) The Commissioners shall consider any written representations duly made with respect to any draft scheme or order and may, if they think fit, afford an opportunity to any person, whether he has made written representations or not, to make oral representations to their representative with respect to the draft scheme or order.

(6) The Commissioners may, before or after the end of the period within which written representations may be made under this section, extend that period, and any representations made within the period so extended shall be deemed to be duly made.

Textual Amendments

F7 Words in s. 6(1) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 4 para. 3(a); 2006 No. 2, Instrument made by Archbishops

F8 S. 6(2) repealed (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 4 para. 3(b); 2006 No. 2, Instrument made by Archbishops

F9 Words in s. 6(3)(a) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 2; 2005 No. 2, Instrument made by Archbishops

7 Amendment of draft schemes or orders. E

(1) The Commissioners—

(a) at the request of the bishop made after consultation with the pastoral committee, or

(b) as a result of any representations,

may amend any draft scheme or order prepared by them under this Part, but any amendments made as a result of any representations shall only be made with the agreement of the bishop given after consultation with the committee.

(2) If any such amendments are made, the amended draft scheme or order shall be treated in the same manner as an original draft scheme or order, and section 6F10 ... shall apply thereto accordingly.

Textual Amendments

F10 Words in s. 7(2) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 4 para. 4; 2006 No. 2, Instrument made by Archbishops

8 Making of schemes or orders. E

(1) [F11 Where no representations with respect to any such draft scheme have been duly made and the Commissioners] are of opinion that any such draft scheme should be made, and do not propose to amend or further amend it under section 7, they shall submit it to the bishop for his consent and, when he has given his consent, they shall seal a copy of the draft scheme and so make the scheme, F12 ....

[F13 (1A) Where representations with respect to any such draft scheme have been duly made and the Commissioners, having considered those representations, are of opinion that the draft scheme should be made, and do not propose to amend or further amend it under section 7, they shall so far as practicable—

(a) serve on the persons who duly made written representations with respect to the draft scheme notice of the Commissioners' decision with respect to the representations together with a statement in writing of the reasons therefor; and

(b) serve on any other persons, being interested parties, a copy of the notice.

(1B) A notice under subsection (1A) shall inform persons who have duly made written representations with respect to the draft scheme of their rights, on obtaining the leave of the Judicial Committee of the Privy Council, to appeal to Her Majesty in Council and shall specify the date, being a date not less than twenty-eight days after the service of the notice, on or before which notice of intention to apply for such leave must be given.

(1C) When serving a notice under subsection (1A) the Commissioners shall send a copy thereof to the Registrar of the Privy Council together with a copy of the draft scheme and a copy of the statement in writing referred to in that subsection.]

(2) Where no representations with respect to any such draft order have been made, the Commissioners shall seal a copy thereof and submit it to the bishop.

(3) Where representations with respect to any such draft order have been made, then, unless—

(a) as a result of those representations, the Commissioners decide that the order should not be made, or

(b) the Commissioners propose to amend or further amend the draft order under section 7,

they shall seal a copy thereof and submit it to the bishop.

(4) Where a copy of an order is submitted to the bishop under this section, he may by applying his seal thereto make the order.

Textual Amendments

F11 Words in s. 8(1) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 3(a); 2005 No. 2, Instrument made by Archbishops

F12 Words in s. 8(1) omitted (1.6.2005) by virtue of Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 3(a); 2005 No. 2, Instrument made by Archbishops

F13 S. 8(1A)-(1C) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 3(b); 2005 No. 2, Instrument made by Archbishops

[F14 9 Appeals to the Privy Council E

(1) Any person who has duly made written representations with respect to the draft scheme may appeal to Her Majesty in Council against the scheme or any provisions thereof, but only with the leave of the Judicial Committee of the Privy Council.

(2) Schedule 2 shall apply to applications for leave to appeal, and to appeals to Her Majesty in Council, under this section.

(3) If—

(a) no notice of intention to apply for leave to appeal is given on or before the date specified in the notice served under section 8(1A), or

(b) no application for such leave is made within the period prescribed by paragraph 4 of Schedule 2, or

(c) the Judicial Committee refuses to grant such leave, or

(d) the appeal stands dismissed for non-prosecution by virtue of paragraph 11 of that Schedule, or

(e) written representations with respect to the draft scheme have been duly made but it has not been practicable to serve any notice under section 8(1A)(a),

the Commissioners may make the scheme.

(4) If leave to appeal is granted, the Judicial Committee shall hear the appeal, and the Judicial Committee shall make a report thereon and may propose to Her Majesty in Council that the appeal be allowed or dismissed or that the draft scheme should be returned to the Commissioners for reconsideration, and Her Majesty in Council may accordingly—

(a) allow the appeal, in which case the Commissioners shall not make the scheme, but without prejudice to the preparation and publication of a further draft scheme, or

(b) dismiss the appeal, in which case the Commissioners may make the scheme, or

(c) return the draft scheme to the Commissioners for reconsideration.

(5) Where a draft scheme is returned to the Commissioners for reconsideration as aforesaid, they may—

(a) withdraw the draft scheme, or

(b) inform the Registrar of the Privy Council that they wish to make the scheme without any amendment of the draft scheme, or

(c) amend the draft scheme with the agreement of the bishop given after consultation with the pastoral committee.

(6) Where the Commissioners inform the Registrar of the Privy Council that they wish to make the scheme without any amendment of the draft scheme, the Judicial Committee, without any further hearing, may propose to Her Majesty in Council that the appeal should be allowed or dismissed, and the like effect shall follow on that proposal as if it had been made under subsection (4)(a) or (b).

(7) Where the Commissioners amend the draft scheme, it shall be treated as a draft scheme amended under section 7 and the provisions of this Part shall apply thereto accordingly.]

Textual Amendments

F14 S. 9 substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 4; 2005 No. 2, Instrument made by Archbishops

10 Transmission of copies of Order in Council or order. E

(1) The Commissioners shall send a copy of every [F15 scheme made by them under this Part] and of every order made by the bishop under section [F16 8(4)] to the interested parties, and, in the case of a scheme containing a declaration of redundancy, to the Advisory Board.

(2) The Commissioners shall also send a copy of every such [F17 scheme] or order to the registrar of the diocese concerned, who shall file it in the diocesan registry.

Textual Amendments

F15 Words in s. 10(1) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 5(a); 2005 No. 2, Instrument made by Archbishops

F16 Word in s. 10(1) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 5(a); 2005 No. 2, Instrument made by Archbishops

F17 Word in s. 10(2) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 5(b); 2005 No. 2, Instrument made by Archbishops

11 Validity and operation of schemes and orders. E

(1) The validity of a scheme made [F18 by the Commissioners] under this Part, or of an order made under this Part, shall not be questioned in any legal proceedings.

(2) Except in so far as any such scheme or order, or any provision thereof, is expressed to come into operation on a date, event or contingency specified therein, it shall come into operation on the date on which the scheme is [F19 made by the Commissioners] or, as the case may be, the order is made by the bishop under section [F20 8(4)] .

Textual Amendments

F18 Words in s. 11(1) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 6(a); 2005 No. 2, Instrument made by Archbishops

F19 Words in s. 11(2) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 6(b); 2005 No. 2, Instrument made by Archbishops

F20 Word in s. 11(2) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 4 para. 6(b); 2005 No. 2, Instrument made by Archbishops