The Church of England (Miscellaneous Provisions) Measure 2018 (Commencement) Order 2019

Statutory Instruments

2019 No. 67

Ecclesiastical Law, England

The Church of England (Miscellaneous Provisions) Measure 2018 (Commencement) Order 2019

Made

23rd January 2019

The Archbishops of Canterbury and York, in exercise of the powers conferred by section 17 of the Church of England (Miscellaneous Provisions) Measure 2018(1), make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Church of England (Miscellaneous Provisions) Measure 2018 (Commencement) Order 2019.

(2) In this Order—

“the Measure” means the Church of England (Miscellaneous Provisions) Measure 2018;

“the related Order” means the Mission and Pastoral etc. (Amendment) Measure 2018 (Commencement No. 3) Order 2019(2).

Provisions coming into force on 1st March 2019

2.—(1) The following provisions of the Measure come into force on 1st March 2019—

(a) section 1 (power to make grants to Archbishops’ Council);

(b) section 3 (marriage: licensing chapel during suspension period in benefice);

(c) section 4(8) (funerals: conduct);

(d) section 5 (bishops: delegation of functions to other bishops);

(e) section 6(1), (4), (5), (6), (9), (10), (11) and (13) to (15) (terms of service);

(f) section 7 (provincial courts: decisions to be treated as taken by each court);

(g) section 8(1), (3) and (4) (fees);

(h) section 9(3) (timing of sessions and membership of House committees);

(i) section 10(3) and (4) so far as not already in force (Legal Aid Commission: rules);

(j) section 11(1) to (7) (execution of documents);

(k) section 12 (delegation and casual vacancies);

(l) section 13 (disqualification as trustee);

(m) section 14 (provision of services to PCC by member);

(n) section 15 (pastoral schemes and orders: notice and approval, etc.);

(o) section 16 (bishop’s mission order);

(p) the Schedule, paragraphs 2 to 6 (amendments to Church of England (Legal Aid) Rules 1995.

(2) Subsections (1) and (2) of section 15 come into force immediately after the provisions commenced by article 2 of the related Order come into force.

Provision coming into force on 1st May 2019

3.  The following provisions of the Measure come into force on 1st May 2019—

(a) section 4(1) to (7) (funerals: conduct);

(b) section 8(2) (fees).

+Justin Cantuar:

Archbishop of Canterbury

+Sentamu Ebor:

Archbishop of York

23rd January 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the provisions of the Church of England (Miscellaneous Provisions) Measure 2019 (“the Measure”) that did not come into force on Royal Assent (20th December 2018).

Section 17(2) of the Measure provided for the following provisions to come into force on Royal Assent:

• section 2 (Church Commissioners: land registration requirements on disposals of land);

• sections 6(2), (3), (7), (8) and (12), 8(5) and (6), 10(1) and (2) and 11(8) and (9) (which make consequential amendments and minor technical provisions about certain powers to make subordinate legislation);

• section 9(1), (2) and (4) (General Synod: power to vary or cancel meetings in session);

• paragraphs 1 and 7 of the Schedule (Legal Aid rules: delayed delivery of bill) and section 10(3) and (4) so far as relating to them;

• section 17 (short title, commencement and extent).

The remaining provisions of the Measure, except for section 4(1) to (7) and section 8(2), come into force on 1st March 2019. The Mission and Pastoral etc. (Amendment) Measure 2018 (Commencement No. 3) Order 2019 (S.I. 2019/66) (“the related Order”) commences amendments to provisions of the Mission and Pastoral Measure 2011 that are further amended by section 15(1) and (2) of the Measure. Section 15(1) and (2) are therefore brought into force immediately after the provisions commenced by the related Order come into force (see articles 2(1)(n) and 2(2) of this Order).

Section 4(1) to (7) and section 8(2) come into force on 1st May 2019.

(1)

2018 No. 7.

(2)

S.I. 2019/66.