Church of England (Ecumenical Relations) Measure 1988

1988 No. 3

A Measure passed by the General Synod of the Church of England to enable provision to be made by Canon with respect to local co-operation between the Church of England and other Churches; to modify in certain cases restrictions imposed by the Overseas and Other Clergy (Ministry and Ordination) Measure 1967; and for connected purposes.

[29th July 1988]

Commencement Information

I1 Measure not in force at Royal Assent see s. 9(2); Measure wholly in force at 1.11.1988.

1 Provision by Canon for joint worship with other Churches and for use of buildings by other Churches. U.K.

[F1 (1)] It shall be lawful for the General Synod to make provision by Canon—

(a) for enabling a member of a Church to which this Measure applies to take part in public worship in accordance with the forms of service and practice of the Church of England;

(b) for enabling clerks in Holy Orders, deaconesses, lay workers and readers of the Church of England to take part in worship in accordance with the forms of service and practice of a Church to which this Measure applies.

(c) for enabling a place of worship of the Church of England to be made available for the conduct of worship in accordance with the forms of service and practice of a Church to which this Measure applies.

[F2 (2) It shall be lawful for the General Synod to make provision by Canon for enabling a member of a Church which subscribes to the doctrine of the Holy Trinity but which is not otherwise a Church to which this Measure applies—

(a) to read Holy Scripture at a Church of England service;

(b) to lead the Intercessions at Holy Communion according to the use of the Church of England;

(c) to lead prayers at a Church of England service other than Holy Communion.

(3) It shall be lawful for the General Synod to make provision by Canon for enabling a member of the Salvation Army to preach at a Church of England service.

(4) In subsections (2) and (3), “Church of England service” means a service held in accordance with the forms of service and practice of the Church of England.]

Textual Amendments

F1 S. 1(1): s. 1 renumbered as s. 1(1) (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(1), 4(3); S.I. 2019/99, art. 2

F2 S. 1(2)-(4) inserted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(1), 4(3); S.I. 2019/99, art. 2

2 [F3 Provision by Canon for participation in local ecumenical co-operative schemes] U.K.

(1) It shall be lawful for the General Synod to make provision by Canon for the bishop of a diocese—

(a) to enter into an agreement, with the appropriate authority of each Church participating in a [F4 local ecumenical co-operative scheme] established or to be established in respect of an area in his diocese, for the participation of the Church of England in [F5 that scheme ];

(b) to make special provision as to the ministry in the area of a [F4 local ecumenical co-operative scheme] of clerks in Holy Orders, deaconesses, lay workers and readers beneficed in or licensed to any parish wholly or partly in that area or ministering in or licensed to any cathedral church in that area.

(2) It shall be lawful for the General Synod to make provision by Canon for the bishop of a diocese in the case of an institution in the diocese in respect of which a clerk in Holy Orders is licensed under section 2 of the M1 Extra-Parochial Ministry Measure 1967 [F6 or the bishop or bishops who make a bishop's mission order under [F7 section 80 of the Mission and Pastoral Measure 2011 ]] —

(a) to enter into an agreement, with the appropriate authority of each Church participating in a [F4 local ecumenical co-operative scheme] established or to be established in respect of that institution [F8 or in connection with the initiative endorsed by the bishop's mission order], for the participation of the Church of England in [F5 that scheme], and

(b) to make special provision as to the ministry in that institution [F8 or in connection with the initiative endorsed by the bishop's mission order] of clerks in Holy Orders.

(3) The powers of the General Synod under subsections (1) and (2) above may be exercised only in respect of a [F4 local ecumenical co-operative scheme] in which every other Church participating in [F9 the scheme ] is a Church to which this Measure applies.

Textual Amendments

F3 S. 2 title substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(2), 4(3); S.I. 2019/99, art. 2

F4 Words in s. 2 substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(2)(a), 4(3); S.I. 2019/99, art. 2

F5 Words in s. 2 substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(2)(b), 4(3); S.I. 2019/99, art. 2

F6 Words in s. 2(2) inserted (31.3.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 63(4)(a), 66(2); 2007 No. 3, Instrument made by Archbishops

F7 Words in s. 2(2) substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(2)(d), 4(3); S.I. 2019/99, art. 2

F8 Words in s. 2(2)(a)(b) inserted (31.3.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 63(4)(b), 66(2); 2007 No. 3, Instrument made by Archbishops

F9 Words in s. 2 substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(2)(c), 4(3); S.I. 2019/99, art. 2

Marginal Citations

M1 1967 No. 2.

3 Restriction on powers of General Synod under ss. 1 and 2. U.K.

The powers of the General Synod under the preceding provisions of this Measure shall be so exercised as to ensure that—

(a) no person shall, unless he has been episcopally ordained priest in a Church whose Orders are recognised and accepted by the Church of England, preside at the Holy Communion according to the use of the Church of England, and

(b) no person shall, unless he is a clerk in Holy Orders of the Church of England, solemnise a marriage according to the rites of the Church of England.

4 Provision as to overseas clergymen etc. U.K.

Where any priest or deacon of [F10 a Church in communion with the Church of England] is granted permission under the M2 Overseas and Other Clergy (Ministry and Ordination) Measure 1967 to officiate for a limited period as a priest or deacon in the province of Canterbury or York, nothing in section 1(2) of that Measure or in any Canon shall inhibit that priest or deacon from exercising his ministry in another Church to which this Measure applies in accordance with the terms of the relationship between [F11 the Church in communion with the Church of England] and that other Church.

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Words in s. 4 substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(3)(a), 4(3); S.I. 2019/99, art. 2

F11 Words in s. 4 substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(3)(b), 4(3); S.I. 2019/99, art. 2

F12 Words in s. 4 omitted (1.2.2019) by virtue of Ecumenical Relations Measure 2018 (No. 6), ss. 1(3)(c), 4(3); S.I. 2019/99, art. 2

Marginal Citations

M2 1967 No. 3.

5 [F13 Churches to which Measure applies: designation by Archbishops] E

(1) This Measure applies to any Church which is designated by the Archbishops of Canterbury and York acting jointly as a Church to which this Measure applies.

(2) No Church shall be designated under subsection (1) above unless—

(a) the Church subscribes to the doctrine of the Holy Trinity and administers the Sacraments of baptism and Holy Communion; and

[F14 (b) at the time of designation—

(i) the Church is a member of one of the following bodies, namely, Churches Together in Britain and Ireland, Churches Together in England, the Evangelical Alliance or Affinity, or of any body which is jointly determined by the Archbishops of Canterbury and York to be the successor of any such body, or

(ii) in the case of a Church outside the United Kingdom, it is nominated by resolution of the General Synod for the purposes of this section.]

Textual Amendments

F13 S. 5 title substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 2(1), 4(3); S.I. 2019/99, art. 2

F14 S. 5(2)(b) substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 10; S.I. 2014/1369, art. 2

[F15 5A Churches to which Measure applies: designation by bishop U.K.

(1) This Measure applies to any Church which is designated by the bishop of a diocese as a Church to which this Measure applies.

(2) A designation under this section—

(a) has effect only in the diocese of the bishop who gave the designation, and

(b) expires at the end of such period not exceeding seven years as the designation specifies, unless it is renewed or revoked.

(3) The bishop of a diocese in which a designation under this section has effect may renew or revoke the designation.

(4) A designation renewed under this section expires at the end of such period not exceeding seven years as the renewed designation specifies beginning with the date on which it was renewed (or last renewed), unless it is renewed again or revoked.

(5) The bishop of a diocese may not give or renew a designation under this section unless at the time the designation is given or renewed—

(a) the Church concerned subscribes to the doctrine of the Holy Trinity and administers the Sacraments of baptism and Holy Communion, and

(b) the bishop is satisfied that the Church—

(i) does not promote any doctrine which is contrary to the doctrine of the Church of England in any essential matter, and

(ii) meets such conditions relating to the ordering of its life or to its relations with other Churches as are included in the Code of Practice under section 5B.

(6) The bishop of a diocese must revoke a designation given or renewed under this section if subsection (5)(a) or (b) ceases to be the case in relation to the Church to which the designation applies.

(7) A bishop's functions under this section may be delegated (whether by an instrument under section 13 or 14 of the Dioceses, Pastoral and Mission Measure 2007 or otherwise) only to a suffragan or assistant bishop who is authorised to discharge functions of the bishop—

(a) in a particular area of the diocese,

(b) during a vacancy in the diocesan see, or

(c) during the diocesan bishop's absence from the diocese.]

Textual Amendments

F15 S. 5A inserted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 2(1), 4(3); S.I. 2019/99, art. 2

[F16 5B Code of Practice U.K.

(1) The House of Bishops shall issue a Code of Practice on co-operation by the Church of England with other Churches.

(2) The House of Bishops may revise or replace the Code; and, where it does so, it shall issue the Code as revised or replaced.

(3) A clerk in Holy Orders, deaconess, lay worker or reader of the Church of England shall, in exercising a function under this Measure or under provision made by Canon in reliance on this Measure, have regard to the Code.

(4) Provision made by Canon in reliance on this Measure may be made by reference to the Code.

(5) The Code—

(a) may make different provision for different cases;

(b) may make provision which applies generally or for specified cases or subject to specified exceptions;

(c) may make provision which confers a discretion on a person;

(d) may make provision by reference to guidance issued by any person.

(6) The Code (including as revised or replaced) shall be laid before the General Synod and shall not come into force unless it is approved by the General Synod.

(7) If the Business Committee of the General Synod decides that the Code does not need to be debated, it is to be treated as approved for the purposes of subsection (6) unless a member of the Synod gives notice under its Standing Orders that the member wishes the Code to be debated.]

Textual Amendments

F16 S. 5B inserted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 3, 4(3); S.I. 2019/99, art. 2

[F17 6 Interpretation. U.K.

(1) In this Measure “local ecumenical co-operative scheme” means a scheme under which Churches of different denominations agree, in relation to a specified area or institution, to co-operate in matters affecting the mission of, or worship in, those Churches or their ministry, congregational life or buildings.]

[F18 (2) In this Measure “appropriate authority” means—

(a) in relation to a Church to which this Measure applies by virtue of section 5, such authority as the Archbishops of Canterbury and York designate in relation to that Church;

(b) in relation to a Church to which this Measure applies by virtue of section 5A, such authority as the bishop who designated the Church under that section designates in relation to it.]

Textual Amendments

F17 S. 6(1) substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 1(4), 4(3); S.I. 2019/99, art. 2

F18 S. 6(2) substituted (1.2.2019) by Ecumenical Relations Measure 2018 (No. 6), ss. 2(2), 4(3); S.I. 2019/99, art. 2

7 Exclusion of s. 15 of Act of Uniformity 1662. U.K.

Any Canon made by virtue of this Measure shall have effect notwithstanding anything inconsistent therewith contained in section 15 of the M3 Act of Uniformity 1662.

Marginal Citations

M3 1662 c. 4.

8 Saving regarding solemnisation of marriage. U.K.

Nothing in this Measure shall affect the operation of any provision of the Marriage Acts 1949 to 1986 as to the place in which any marriage or class of marriages may be solemnised.

9 Short title, extent and commencement. U.K.

(1) This Measure may be cited as the Church of England (Ecumenical Relations) Measure 1988.

(2) This Measure shall extend to the whole of the provinces of Canterbury and York.

(3) This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint.

(4) In section 94(3) of the M4 Pastoral Measure 1983 (which provides that certain provisions relating to sharing agreements may not be extended to the Isle of Man) the words “and Isle of Man” are hereby repealed.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 9(3) fully exercised: 1.11.1988 appointed by Instrument dated 31.10.1988

Marginal Citations

M4 1983 No. 1.