Church of England (Pensions) Measure 1988

SCHEDULES

Schedule 1 E . . . F1

Textual Amendments

F1 Sch. 1repealed by S.I. 1988/2256, reg. 36, Sch. 2

Section 18(1).

Schedule 2 E MINOR AND CONSEQUENTIAL AMENDMENTS

Part I E Amendments to Clergy Pensions Measure 1961

1 E The M1 Clergy Pensions Measure 1961 shall have effect subject to the amendments specified in paragraphs 2 to 20 below.

Marginal Citations

M1 1961 No. 3.

2–6 E . . . F2

Textual Amendments

F2 Sch. 2 paras. 2–6, 15, 18, 19, 20(a)(c), 21 and 25–33 repealed by S.I. 1988/2256, reg. 36, Sch. 2

7 E In section 18—

(a) for subsection (2) there shall be substituted the following subsection—

“(2) The Board shall pay out of the said Fund all payments required to be made by them in respect of contributions or other sums received by them under section 11, 13, 14 or 15 of this Measure.”;

(b) in subsection (3) for the words “Part II of this Measure” there shall be substituted the words “in respect of contributions or other sums received by them under section 11, 13, 14 or 15 of this Measure” and for the words from “for the reduction” to the end of the subsection there shall be substituted the words “for the increase of pensions or capital sums payable in respect of those contributions or other sums”.

8 E In section 20—

(a) in subsection (1) after the word “widow” there shall be inserted the word “widower” and after the word “widows” there shall be inserted the word “widowers”;

(b) in subsection (2) after the word “widow” there shall be inserted the word “widower”.

9 E In section 21—

(a) in subsection (3) for the words “not less than twenty-one or more than twenty-three” there shall be substituted the word “twenty-one” and the words from “and (c) not more than” to the end of the subsection shall be omitted;

(b) in subsection (5) for the words from “any other casual vacancy” to the end of the subsection there shall be substituted the words “any casual vacancy occurring among members elected by the General Synod shall be filled as soon as possible by the Standing Committee of the Synod by the appointment of a person ordinarily resident in the province in which the member replaced was ordinarily resident at the time of his election.”

10 E In section 24, in paragraph (b) for the words “Part II of this Measure” there shall be substituted the words “pensions or lump sum payments in respect of deceased clerks”.

11 E In section 28—

(a) in paragraph (a) after the word “widow” there shall be inserted the word “widower”;

(b) in paragraph (b) for the word “wives” there shall be substituted the word “spouses” and after the word “widows” there shall be inserted the word “widowers”.

12 E In section 29 for the words from “the Housing Act 1957” to the end of the section there shall be substituted the words “section 1(1) of the Housing Associations Act 1985.”

13 E In section 30—

(a) in subsection (1) after the word “widows” there shall be inserted the word “widowers”;

(b) in subsection (2) after the word “widows” there shall be inserted the word “widowers”.

14 E In section 34(1) for the words “other than any fund of the Clergy Pensions Institution” there shall be substituted the words “and also the accounts of any moneys received by the Board from the Commissioners under section 17(2) of this Measure”.

15 E . . . F3

Textual Amendments

F3 Sch. 2 paras. 2–6, 15, 18, 19, 20(a)(c), 21 and 25–33 repealed by S.I. 1988/2256, reg. 36, Sch. 2

16 E In section 38—

(a) in subsection (1)(a) after the word “clerk” there shall be inserted the words “deaconess or licensed lay worker”;

(b) for the word “clerk” in each place where it occurs except in subsection (1)(a) there shall be substituted the words “scheme member”;

(c) after the word “widow” in subsection (1)(g) there shall be inserted the word “widower”.

17 E In section 40—

(a) in subsections (1), (2) and (3)(a) for the words “and dependants of deceased clerks” there shall be substituted the words “widowers and dependants of deceased clerks, deaconesses or licensed lay workers”;

(b) in subsection (3)(b) after the word “widows” there shall be inserted the word “widowers”.

18, 19 E . . . F4

Textual Amendments

F4 Sch. 2 paras. 2–6, 15, 18, 19, 20(a)(c), 21 and 25–33 repealed by S.I. 1988/2256, reg. 36, Sch. 2

20 E In section 46(1)—

(a) . . . F5

(b) after the definition of “Episcopal Pensions Measures” there shall be inserted the following definition—

““licensed lay worker” means a person who has been admitted by a bishop as a lay worker of the Church of England and who has been authorised by a bishop by licence to serve as such a worker, and includes a person who has been so admitted and has been so authorised otherwise than by licence if on the date on which section 1 of the Church of England (Pensions) Measure 1988 comes into force he was a member of the Church Workers Pension Fund”;

(c) . . . F5

Textual Amendments

F5 Sch. 2 paras. 2–6, 15, 18, 19, 20(a)(c), 21 and 25–33 repealed by S.I. 1988/2256, reg. 36, Sch. 2

Part II E Amendments of other Measures

21 E . . . F6

Textual Amendments

F6 Sch. 2 paras. 2–6, 15, 18, 19, 20(a)(c), 21 and 25–33 repealed by S.I. 1988/2256, reg. 36, Sch. 2

Incumbents (Vacation of Benefices) Measure 1977 E

22 E In section 14(1) of the M2 Incumbents (Vacation of Benefices) Measure 1977 for the words “Clergy Pensions Measures 1961 to 1972” there shall be substituted the words “Church of England (Pensions) Measures 1961 to 1988.”

Marginal Citations

M2 1977 No. 1.

M3 Deaconesses and Lay Workers (Pensions) Measure 1980 E

Marginal Citations

M3 1980 No. 1.

23 E In section 1(1) of the Deaconesses and Lay Workers (Pensions) Measure 1980 in paragraph (a) for the words “and widows” there shall be substituted the words “widows and widowers”.

M4 Diocese in Europe Measure 1980 E

Marginal Citations

M4 1980 No. 2.

24 E In section 5 of the Diocese in Europe Measure 1980—

(a) in subsection (1) for the words “Clergy Pensions Measures 1961 to 1972” there shall be substituted the words “Church of England (Pensions) Measures 1961 to 1988”, in paragraph (a) the words from “and accordingly” to the end of the paragraph shall be omitted and in paragraph (b) for the words “said Measure of 1961” there shall be substituted the words “Clergy Pensions Measure 1961”;

(b) subsection (2) shall be omitted.

Part III E Amendments of instruments

25–33 E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 2 paras. 2–6, 15, 18, 19, 20(a)(c), 21 and 25–33 repealed by S.I. 1988/2256, reg. 36, Sch. 2

34 E . . . F8

Textual Amendments

F8 Sch. 2 para. 34 repealed by S.I. 1988/2239, reg. 5(3)(c)

Section 18(2).

SCHEDULE 3 E Enactments Repealed

Measures E

Chapter	Short title	Extent of repeal
1961 No. 3.	The Clergy Pensions Measure 1961.	Sections 11 to 14.
		In section 26, paragraph (e) of subsection (1).
		In section 32, subsections (4) to (7), (9) and (10).
		Section 39.
1967 No. 1.	The Clergy Pensions (Amendment) Measure 1967.	Section 1.

Instruments E

Number	Title	Extent of repeal
1975 No. 136.	The Clergy Pensions (Amendment) Regulations 1975.	Regulations 2 and 4.
1977 No. 1146.	The Clergy Occupational Pensions Scheme Regulations 1977.	In regulation 1, in paragraph (2) the definitions of “salary” and “scheme year” and paragraphs (3) and (4).
		Regulation 3.
		In regulation 6, paragraphs (2), (3) and (4).
		In regulation 9, paragraphs (2), (3) and (4) and in paragraph (5) the words “(2) and (4)”.