Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1)

SCHEDULES

Section 2(2).

SCHEDULE 1 Provisions to be included in Diocesan Advisory Committee Constitutions

Name

1 The committee shall be known as the [name of diocese concerned] Diocesan Advisory Committee.

Membership

2 The committee shall consist of a chairman, the archdeacons of the diocese and not less than twelve other members.

3 The chairman shall be appointed by the bishop of the diocese after consultation with the bishop’s council, the chancellor and the Council for the Care of Churches.

4 The other members shall be—

(a) two persons appointed by the bishop’s council of the diocese from among the elected members of the diocesan synod of the diocese;

(b) not less than ten other persons appointed by the bishop’s council of the diocese, of whom one shall be appointed after consultation with the Historic Buildings and Monuments Commission for England, one shall be appointed after consultation with the relevant associations of local authorities and one shall be appointed after consultation with the national amenity societies;

(c) such other persons as may be co-opted under paragraph 12 below.

5 In making appointments under paragraph 4(b) above, the bishop’s council shall ensure that the persons appointed have, between them,—

(a) knowledge of the history, development and use of church buildings;

(b) knowledge of Church of England liturgy and worship;

(c) knowledge of architecture, archaeology, art and history; and

(d) experience of the care of historic buildings and their contents.

6 The first appointment of the chairman and other members of the committee under paragraph 4(a) and (b) above shall take place as soon as practicable, and subsequent new appointments of the chairman and those members shall be made within the period of one year following the formation of the second new diocesan synod after the latest appointments.

7 The term of office of the chairman and any other member of the committee appointed under paragraph 4(a) or (b) above shall be the period from his appointment to the making of new appointments in accordance with paragraph 6 above.

8 A member of the committee who ceases to hold a qualification by virtue of which he became a member shall thereupon cease to be a member.

9 A member of the committee who ceases to hold office otherwise than by virtue of paragraph 8 above shall be eligible for re-appointment.

10 Where a casual vacancy occurs among the chairman and other members of the committee appointed under paragraph 4(a) or (b) above, the bishop shall appoint a person to fill the vacancy, and if the person whose place is to be filled was a member of the committee by virtue of his membership of the diocesan synod of the diocese the person so appointed shall also be a member of that diocesan synod.

11 Any person appointed to fill a casual vacancy shall hold office only for the unexpired portion of the term of office of the person in whose place he is appointed.

12 With the consent of the bishop of the diocese, the committee may from time to time co-opt such persons (of a number not exceeding one third of the total number of the other members) as it thinks fit to be additional members of the committee, but any person so co-opted shall cease to be a member of the committee on the making of new appointments of members in accordance with paragraph 6 above.

Miscellaneous

13 The bishop of the diocese may appoint suitably qualified persons to act as consultants to the committee if the committee request him to do so.

14 The secretary to the committee shall be appointed by the bishop of the diocese after consultation with the chairman of the committee and the chief administrative officer of the diocese.

15 In this constitution “national amenity society” has the same meaning as in the Care of Churches and Ecclesiastical Jurisdiction Measure 1991.

In paragraph 4(b) above “relevant associations of local authorities” means such associations as may from time to time be designated by the Dean of the Arches and Auditor as the relevant associations of local authorities for the purposes of this Schedule in relation to the diocese concerned.

Section 2(5).

SCHEDULE 2 Functions of Diocesan Advisory Committee

1 The functions of a Diocesan Advisory Committee shall be—

(a) to act as an advisory body on matters affecting places of worship in the diocese and, in particular, to give advice when requested by any of the persons specified in paragraph 2 below on matters relating to—

(i) the grant of faculties;

(ii) the architecture, archaeology, art and history of places of worship;

(iii) the use, care, planning, design and redundancy of places of worship;

(iv) the use and care of the contents of such places;

(v) the use and care of churchyards and burial grounds;

(b) to review and assess the degree of risk to materials, or of loss to archaeological or historic remains or records, arising from any proposals relating to the conservation, repair or alteration of places of worship, churchyards and burial grounds and the contents of such places;

(c) to develop and maintain a repository of records relating to the conservation, repair and alteration of places of worship, churchyards and burial grounds and other material (including inspection reports, inventories, technical information and photographs) relating to the work of the committee;

(d) to issue guidance for the preparation and storage of such records;

(e) to make recommendations as to the circumstances when the preparation of such a record should be made a condition of a faculty;

(f) to take action to encourage the care and appreciation of places of worship, churchyards and burial grounds and the contents of such places, and for that purpose to publicise methods of conservation, repair, construction, adaptation and re-development;

(g) to perform such other functions as may be assigned to the committee by any enactment, by any Canon of the Church of England or by resolution of the diocesan synod or as the committee may be requested to perform by the bishop or chancellor of the diocese.

2 The persons referred to in paragraph 1(a) above are—

(a) the bishop of the diocese;

(b) the chancellor of the diocese;

(c) the archdeacons of the diocese;

(d) the parochial church councils in the diocese;

(e) intending applicants for faculties in the diocese;

(f) the pastoral committee of the diocese;

(g) persons engaged in the planning, design or building of new places of worship in the diocese, not being places within the jurisdiction of the consistory court;

(h) such other persons as the committee may consider appropriate.

Section 3.

SCHEDULE 3 Amendment of Inspection of Churches Measure 1955

1 The [1955 No. 1.] Inspection of Churches Measure 1955 shall be amended as follows.

2 In subsection (2) of section 1 (which provides for the establishment of schemes for the inspection of churches)—

(a) in paragraph (c) for the words “an architect or architects” there shall be inserted the words “a qualified person or persons”;

(b) in paragraph (d) for the words “and to the parochial church council of the parish” there shall be substituted the words “, to the parochial church council of the parish in which the church is situate and to the incumbent of the benefice comprising that parish and to the secretary of the advisory committee of the diocese”.

3 After section 1 there shall be inserted the following sections:—

“1A Inspections to extend to certain valuable articles, etc

Where, in accordance with a scheme established under section 1 of this Measure, a person inspects a church the inspection shall extend to—

(a) any movable article in the church which he is directed by the archdeacon concerned, after consultation with the advisory committee, to treat as being, and such other articles as the person inspecting the church considers to be,—

(i) of outstanding architectural, artistic, historical or archaeological value; or

(ii) of significant monetary value; or

(iii) at special risk of being stolen or damaged;

(b) any ruin in the churchyard (open or closed) which is for the time being designated by the Council for British Archaeology and the Royal Commission on the Historical Monuments of England acting jointly as being of outstanding architectural, artistic, historical or archaeological value;

(c) any tree in the churchyard (open or closed) belonging to the church in respect of which a tree preservation order under the Town and Country Planning Act 1990 is for the time being in force,

and references in this Measure to the inspection of a church shall be construed accordingly.

1B Duty of bishops to establish schemes

(1) Where, for any diocese to which this Measure applies, a scheme has not been made in pursuance of section 1 of this Measure it shall be the duty of the bishop of the diocese to establish a scheme for the purpose specified in subsection (1) of that section complying with the provisions of subsection (2)(a) to (d) thereof and containing such other provisions not inconsistent with this Measure as the bishop shall think fit.

(2) Any scheme made in pursuance of this section shall, for the purposes of this Measure (except section 1(4)), be deemed to have been made in pursuance of section 1 of this Measure.”.

4 In section 2 (which empowers the archdeacon to ensure the inspection of churches every five years)—

(a) in subsection (1) for the words “an architect” there shall be substituted the words “a qualified person”;

(b) at the end there shall be inserted the following subsection:—

“(3) For the purposes of this section any reference to a church shall be construed as including a reference to any movable article in a church which the archdeacon concerned, after consultation with the advisory committee, considers to be—

(a) of outstanding architectural, artistic, historic or archaeological value; or

(b) of significant monetary value; or

(c) at special risk of being stolen or damaged.”

5 In section 6 (interpretation)—

(a) after the definition of “the bishop” there shall be inserted the following definition:—

• ““church” means—

  (a)

  any parish church other than one to which the [1990 No.2.] Care of Cathedrals Measure 1990 applies;

  (b)

  any other church or chapel (not being a cathedral church to which the Care of Cathedrals Measure 1990 applies or a church or chapel which is not subject to the jurisdiction of the bishop of a diocese or the Cathedral Church of Christ in Oxford) which has been consecrated for the purpose of public worship according to the rites and ceremonies of the Church of England; and

  (c)

  any building licensed for public worship according to the rites and ceremonies of the Church of England other than—

  (i)

  a building which is in a university, college, school, hospital or public or charitable institution but which has not been designated under section 29(2) of the 1983 Measure as a parish centre of worship;

  (ii)

  a building which has been excluded from the provisions of this Measure by direction of the bishop with the approval of the advisory committee; and

  (iii)

  a building used solely for the purpose of religious services relating to burial or cremation;”;

(b) at the end there shall be inserted the following definitions:—

““qualified person” means a person registered under the Architects Registration Acts 1931 to 1969 or a member of the Royal Institution of Chartered Surveyors qualified as a chartered building surveyor;

“ruin” means any site comprising the remains of any building above the surface of the land, not being—

(a) a monument (within the meaning of section 3 of the [1964 No. 5.] Faculty Jurisdiction Measure 1964); or

(b) a site which is for the time being used for the purpose of public worship according to the rites and ceremonies of the Church of England”.

Section 8.

SCHEDULE 4 Amendment of Ecclesiastical Jurisdiction Measure 1963

1 The [1963 No.1.] Ecclesiastical Jurisdiction Measure 1963 shall be amended as follows.

2 In section 2 (judge of consistory court)—

(a) after subsection (1) there shall be inserted the following subsection—

“(1A) Before appointing a person to be chancellor of a diocese the bishop shall consult the Lord Chancellor and the Dean of the Arches and Auditor.”;

(b) in subsection (2) after the words “barrister at law” there shall be inserted the words “or solicitor”;

(c) in subsection (4)—

(i) for the words “the last foregoing subsection” there shall be substituted the words “subsections (3) and (4A) of this section”;

(ii) for the words “of seventy-five years” in both places where they occur there shall be substituted the words “at which a Circuit judge is obliged to vacate that office”;

(d) after subsection (4) there shall be inserted the following subsection—

“(4A) Where the bishop of a diocese considers it desirable in the interests of the diocese to retain the chancellor of the diocese in office after the time at which he would otherwise retire in accordance with subsection (4) above, he may from time to time authorise the continuance in office of the chancellor until such date, not being later than the date on which the chancellor attains the age at which a puisne judge of the High Court is obliged to vacate that office, as he thinks fit.”.

3 In section 3 (judges of the Arches and Chancery Courts)—

(a) in subsection (1) for the words “five in number” there shall be substituted the words “as set out in subsection (2) of this section”;

(b) in subsection (2) at the end there shall be inserted the following paragraph—

“(d) the others shall be all the diocesan chancellors appointed under section 2 of this Measure (in whichever province), except the chancellor of the diocese in Europe;”;

(c) in subsection (3) after the word “who” there shall be inserted the words “holds or”;

(d) in subsection (5) after the words “The appointment of any person” there shall be inserted the words “under paragraph (a), (b) or (c) of subsection (2) of this section”;

(e) in subsection (6) for the words from the beginning to “his office” there shall be substituted the words “The Dean of the Arches and Auditor and every chancellor of a diocese shall, before he enters on the execution of his office as a judge of the said Courts”;

(f) in subsection (7) for the words from the beginning to “appointed” there shall be substituted the words “A person appointed under paragraph (b) or (c) of subsection (2) of this section”.

4 In section 4 (appointment of deputy judges)—

(a) in subsection (1)—

(i) for the words from the beginning to “any chancellor” there shall be inserted the words “Where the Dean of the Arches and Auditor or any chancellor is for any reason unable to act as such, or the office of the Dean or any chancellor is vacant”;

(ii) for the words “such illness or incapacity” there shall be substituted the words “the period of inability or vacancy”;

(iii) for the words “person for whom he is appointed to act” there shall be substituted the words “office in respect of which he is appointed to act as deputy”;

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) The Dean of the Arches and Auditor or any chancellor may, with the consent of the Archbishops of Canterbury and York in the former case, and the bishop of the diocese concerned in the latter, appoint a fit and proper person to act as deputy Dean of the Arches and Auditor or deputy chancellor of such diocese as the case may be for such period not exceeding twelve months or for such purpose as may be specified in the instrument of appointment, and during that period or for that purpose every person so appointed shall have all the powers and perform all the duties of the office in respect of which he is appointed to act as deputy.”;

(c) in subsection (2) for the word “subsection” there shall be substituted the word “subsections”.

5 In section 6 (jurisdiction of the consistory court) in subsection (1) after paragraph (b) there shall be inserted the following paragraph—

“(bb) proceedings for an injunction or restoration order under section 13 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;”.

6 In section 7 (jurisdiction of Arches and Chancery Courts)—

(a) in subsection (1) at the end there shall be inserted the words— “or (c) in proceedings for an injunction under section 13(4) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 or for a restoration order under section 13(5) of that Measure,and from interlocutory orders of those consistory courts in causes of faculty involving matter of doctrine, ritual or ceremonial;

(b) in subsection (2) at the end there shall be inserted the words “but in a civil suit only with the leave of the consistory court or, if leave is refused by that court, of the Dean of the Arches and Auditor”.

7 In section 10 (jurisdiction of Court of Ecclesiastical Causes Reserved)—

(a) in subsection (3) the words “and such certificate shall be conclusive” shall be omitted;

(b) at the end there shall be inserted the following subsections—

“(4) In any proceedings in the Court of Ecclesiastical Causes Reserved on an appeal from a judgment, order or decree of a consistory court of a diocese given, made or pronounced in a cause of faculty, the court—

(a) if it considers that it has heard and determined the appeal in so far as it relates to matter involving doctrine, ritual or ceremonial but that the appeal relates also to other matter, may, if it considers it expedient to do so, deal with the other matter, but otherwise shall refer it, and

(b) if it considers that no matter of doctrine, ritual or ceremonial is involved, shall refer the appeal (notwithstanding any certificate to the contrary issued under subsection (3) of this section),

to the Arches Court of Canterbury or the Chancery Court of York, as appropriate, to be heard and determined by that court.

(5) In any proceedings in the Arches Court of Canterbury or the Chancery Court of York on an appeal from a judgment, order or decree of a consistory court of a diocese given, made or pronounced in a cause of faculty, the court may, if it considers that the appeal relates to matter involving doctrine, ritual or ceremonial, refer the appeal (notwithstanding any certificate to the contrary issued under subsection (3) of this section) to the Court of Ecclesiastical Causes Reserved to be heard and determined by that court.

(6) Subject to any rules made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, any reference of an appeal under subsection (4) or (5) of this section shall be in accordance with such practice directions as may be issued jointly by the Dean of the Arches and Auditor and the two judges of the Court of Ecclesiastical Causes Reserved appointed in accordance with section 5 of this Measure by virtue of their holding, or having held, high judicial office.”.

8 In section 47 (proceedings in Arches and Chancery Courts) for subsection (1) there shall be substituted the following subsection—

“(1) Proceedings in the Arches Court of Canterbury or the Chancery Court of York shall be heard and disposed of—

(a) in the case of an appeal from a judgment of the consistory court of a diocese given in such proceedings as are mentioned in section 6(1)(a) of this Measure, by all the judges of the Court mentioned in paragraphs (a), (b) and (c) of section 3(2) of this Measure;

(b) in any other case, by the Dean of the Arches and Auditor and two diocesan chancellors designated by him for the purposes of the case.”.

9 In section 60 (powers of courts and commissions in regard to costs) at the end there shall be inserted the following subsections—

“(5) Where an order for payment of taxed costs has been made under subsection (2) of this section any party to the proceedings may appeal to the chancellor of the diocese in which the proceedings took place against the registrar’s taxation, and on any such appeal the chancellor may confirm or vary the registrar’s taxation.

(6) An appeal under subsection (5) of this section shall be lodged and conducted in such manner as may be prescribed.”

10 In section 66(1) (interpretation) in the definition of “prescribed” for the words “this Measure” there shall be substituted the words “section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”.

11 In section 81 (evidence and general powers and rights of courts and commissions) for subsections (2) and (3) there shall be substituted the following subsections—

“(2) If any person does or omits to do anything in connection with proceedings before, or with an order made by, such court or commission which is in contempt of that court or commission by virtue of any enactment or which would, if the court or commission had been a court of law having power to commit for contempt, have been in contempt of that court, the judge or presiding judge of the court or the presiding member of the commission, as the case may be, may certify the act or omission under his hand to the High Court.

(3) On receiving a certificate under subsection (2) above the High Court may thereupon inquire into the alleged act or omission and after hearing any witnesses who may be produced against or on behalf of the person who is the subject of the allegation, and after hearing any statement that may be offered in defence, exercise the same jurisdiction and powers as if that person had been guilty of contempt of the High Court.

(4) In this section “order” includes a special citation under subsection (2) of section 13 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and an injunction under subsection (4) of that section.”.

Section 9.

SCHEDULE 5 Amendment of Ecclesiastical Judges and Legal Officers Measure 1976

1 The [1976 No.2.] Ecclesiastical Judges and Legal Officers Measure 1976 shall be amended as follows.

2 In section 3 (office of registrar of a province)—

(a) after subsection (4) there shall be inserted the following subsections—

“(4A) The registrar of a province may, with the consent of the archbishop of the province, appoint a fit and proper person to act as deputy registrar of the province for such period and for such purpose as may be specified in the instrument of appointment; and during that period and for that purpose a person so appointed shall have all the powers and duties of the registrar.

(4B) Where the registrar of a province ceases to hold that office, a person appointed to act as deputy registrar under subsection (4A) above shall cease to hold that office when a new registrar is appointed.

(4C) If, in the opinion of the archbishop of the province concerned, the registrar of the province is for any reason unable or unwilling to perform the duties of a registrar or it would be inappropriate for him to perform those duties and there is no person appointed to act as deputy registrar under subsection (4A) above able to perform those duties, the archbishop may request the registrar of the other province to appoint a fit and proper person to perform those duties for such period as the instrument of appointment may specify; and during that period a person so appointed shall have all the powers and duties of the registrar of the first-mentioned province.”;

(b) in subsection (5) after the word “office” there shall be inserted the words “or to act as deputy registrar”.

3 In section 4 (office of the registrar of a diocese) at the end there shall be inserted the following subsections—

“(5A) The registrar of a diocese may, with the consent of the bishop of the diocese, appoint a fit and proper person to act as deputy registrar of the diocese for such period and for such purpose as may be specified in the instrument of appointment; and during that period and for that purpose a person so appointed shall have all the powers and duties of the registrar.

(5B) Where the registrar of a diocese ceases to hold that office, a person appointed to act as deputy registrar under subsection (5A) above shall cease to hold that office when a new registrar is appointed.

(5C) If, in the opinion of the bishop of the diocese concerned, the registrar of the diocese is for any reason unable or unlikely to perform the duties of a registrar or it would be inappropriate for him to perform those duties and there is no person appointed to act as deputy registrar under subsection (5A) above able to perform those duties, the bishop may request the registrar of the province within which the diocese is situated to appoint a fit and proper person to perform those duties for such period as the instrument of appointment may specify; and during that period a person so appointed shall have all the powers and duties of the registrar of the diocese.

(5D) If the registrar of the diocese concerned is also the registrar of the province within which the diocese is situated the reference in subsection (5C) above to the registrar of the province within which the diocese is situated shall be construed as a reference to the registrar of the other province.”.

Section 10.

SCHEDULE 6 Amendment of Ecclesiastical Fees Measure 1986

1 The [1986 No. 2.] Ecclesiastical Fees Measure 1986 shall be amended as follows.

2 In section 5 (Legal Officers (Annual Fees) Orders)—

(a) in subsection (1)—

(i) after the words “paid to” there shall be inserted the words “ecclesiastical judges and”;

(ii) the words “(to be known as a “Legal Officers (Annual Fees) Order”)” shall be omitted;

(b) in subsection (2) at the end there shall be inserted the words “, including provision for payments in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings”;

(c) in subsections (4) and (5) for the words “a Legal Officers (Annual Fees) Order” in both places where they occur there shall be substituted the words “an order made under subsection (1) above”.

3 In section 6 (Ecclesiastical Judges and Legal Officers (Fees) Orders)—

(a) in subsection (1) for the words from “(not, in the case of legal officers” to the end there shall be substituted the words “to such persons as are so specified, and the Commission may make an order to give effect to their recommendations”;

(b) in subsection (2) at the end there shall be inserted the words “, including provision for payments to be made in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings”.

4 In section 10 (interpretation)—

(a) in the definition of “ecclesiastical judges” at the end there shall be inserted the words “, and the deputies of any of them”;

(b) in the definition of “legal officers” at the end there shall be inserted the words “, and the deputy provincial and diocesan registrars”.

Section 32(1).

SCHEDULE 7 Minor and Consequential Amendments

Faculty Jurisdiction Measure 1964

1 In section 4 of the [1964 No. 5.] Faculty Jurisdiction Measure 1964—

(a) in subsection (1) the words “appropriated to the use of any parish or place” shall be omitted;

(b) in subsection (2) the words “and is so appropriated” shall be omitted.

2 In section 6(1) of that Measure after the word “has” there shall be inserted the words “, before the coming into force of section 11 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991,”.

3 In section 15 of that Measure—

(a) after the definition of “bishop” there shall be inserted the following definition—

““church” includes any building or part of a building which is licensed for public worship according to the rites and ceremonies of the Church of England and is subject to the faculty jurisdiction;”;

(b) in the definition of “prescribed” for the words “section fourteen of this Measure” there shall be substituted the words “section twenty-six of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”.

Synodical Government Measure 1969

4 In Schedule 3 to the [1969 No. 2.] Synodical Government Measure 1969 (Church Representation Rules)—

(a) in rule 8(1) in sub-paragraph (f), at the end there shall be inserted the words “, under section 5 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”;

(b) in rule 24(2)(a)(vii) and (3)(a)(ii) after the word “finance” there shall be inserted in both places the words “and the chairman of the diocesan advisory committee”.

Pastoral Measure 1983

5 In section 56(3) of the [1983 No. 1.] Pastoral Measure 1983 at the end there shall be inserted the following paragraph—

“(c) affect the power of the bishop of a diocese under section 22 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 to make an order directing that a building or land shall not be subject to the legal effects of consecration”.

Care of Cathedrals Measure 1990

6 In section 20(1) of the [1990 No. 2.] Care of Cathedrals Measure 1990 in the definition of “prescribed” for the words “section 16 of this Measure” there shall be substituted the words “section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”.

Section 32(2).

SCHEDULE 8 Act and Measures Repealed

Chapter	Short title	Extent of repeal
7 Will 4 & 1 Vict c.45.	Parish Notices Act 1837.	Section 4.
1963 No. 1	Ecclesiastical Jurisdiction Measure 1963.	Section 64.Section 65.
1964 No. 5	The Faculty Jurisdiction Measure 1964.	Section 2.In section 4, in subsection (1) the words “appropriated to the use of the minister of the parish or place” and in subsection (2) the words “and is so appropriated”.Section 5.Section 9.Section 10.Section 12.Section 13.Section 14.Schedule
1972 No. 2	The Repair of Benefice Buildings Measure 1972.	In section 20, in subsection (1) the words from “and the timber growing” to “such consent”, sub-sections (3) and (4) and in subsection (6) the words from “, in the case of timber in a churchyard” to “in other cases”.
1978 No. 3	The Church of England (Miscellaneous Provisions) Measure 1978.	Section 9.
1990 No. 2	Care of Cathedrals Measure 1990.	Section 16.