Dioceses, Pastoral and Mission Measure 2007

Part VIII E Miscellaneous

Miscellaneous E

62 Interpretation E

(1) In this Measure, unless the context otherwise requires—

• “the 1983 Measure” means the Pastoral Measure 1983 (1983 No. 1);

• “charity” has the meaning assigned to it by section 78(2) of the Charities Act 2006 (c. 50);

• “the Commissioners” means the Church Commissioners;

• “functions” includes powers and duties;

• “mission” means the whole mission of the Church of England, pastoral, evangelistic, social and ecumenical;

• “mission and pastoral committee” means the committee established under section 52(1) above;

• “pastoral church buildings scheme” has the meaning assigned to it by section 23(2) above; and

• “pastoral scheme” and “pastoral order” have the same meanings as in the 1983 Measure.

(2) Without prejudice to subsection (1) above, other expressions in Parts VI, VII and this Part of this Measure shall, unless the context otherwise requires, have the same meaning as in the 1983 Measure.

(3) Section 83 of the 1983 Measure shall apply to any documents required to be sent under this Measure as it applies to the documents referred to in that section and where any document is required to be sent under this Measure or under the 1983 Measure to the Commissioners it shall be addressed to the Secretary of the Commissioners.

(4) Any reference in any Measure or other enactment or in any instrument or document to the Council for the Care of Churches shall be construed as a reference to the Church Buildings Council and any rights, powers and duties exercisable by or imposed on the Council for the Care of Churches immediately before the coming into force of section 54(1) above shall, from that date, be exercisable by or imposed on the Church Buildings Council.

(5) Any reference in any Measure or other enactment or in any instrument or document to the pastoral committee or a redundant churches uses committee of a diocese shall be construed as a reference to the mission and pastoral committee.

(6) Any reference in the 1983 Measure or in any other enactment or instrument or document to redundancy, in relation to a church, declaring a church redundant, a declaration of redundancy or redundant church, building or property shall be construed as a reference to closure for regular public worship, declaring a building closed for regular public worship, a declaration of closure for regular public worship or a building closed for regular public worship, as the case may be and any reference to a redundancy scheme shall be construed as a reference to a pastoral (church buildings disposal) scheme.

Commencement Information

I1 S. 62(1)(2)(3) in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

I2 S. 62(5) in force at 1.2.2008 by 2007 No. 3, Instrument made by Archbishops

63 Amendment of Measures E

(1) The 1983 Measure shall have effect subject to the further amendments set out in Schedule 5 to this Measure.

(2) In section 38(3) of the Endowments and Glebe Measure 1976 (1976 No. 4), the word “immediately” shall be omitted and after the word “follows” there shall be inserted the words “, whether immediately or after an interval,”.

(3) In section 16(2)(b) of the Patronage (Benefices) Measure 1986 (1986 No. 3), after “1983,” there shall be inserted the words “or any period during which the benefice is vacant immediately before the declaration of a suspension period or between suspension periods,”.

(4) In section 2(2) of the Church of England (Ecumenical Relations) Measure 1988 (1988 No. 3)—

(a) after the words “Extra-Parochial Ministry Measure 1967” there shall be inserted the words “or the bishop or bishops who make a bishop's mission order under section 47 of the Dioceses, Pastoral and Mission Measure 2007”; and

(b) in paragraphs (a) and (b) after the words “that institution” there shall be inserted, in each case, the words “or in connection with the initiative endorsed by the bishop's mission order”.

(5) In section 3(2)(e) of the Care of Cathedrals Measure 1990 (1990 No. 2) after the word “cathedral” there shall be inserted the words “and other”.

(6) In the Church Representation Rules contained in Schedule 3 to the Synodical Government Measure 1969, in rule 24(6)(b), for the words from “a diocesan synod” to the end there shall be substituted the words “or a diocesan synod whose names are entered on the roll of any parish in the deanery”.

(7) In rule 106 of the Clergy Discipline Rules 2005 (S.I. 2005/2002) for the definition of “bishop” there shall be substituted the following definition—

““bishop” includes the suffragan, area or assistant bishop, as the case may be, where—

(a) disciplinary functions have been delegated in a diocese under an instrument made under section 13 or 14 of the Dioceses, Pastoral and Mission Measure 2007 or in an instrument having effect as if made under either of those sections by virtue of paragraph 3 of Schedule 6 to that Measure; or

(b) such functions are discharged under a scheme made under section 11 of the Dioceses Measure 1978 which continues in force under paragraph 5 of that Schedule.”.

Commencement Information

I3 S. 63(1) in force at 1.1.2008 for specified purposes by 2007 No. 3, Instrument made by Archbishops

I4 S. 63(4) in force at 31.3.2008 by 2007 No. 3, Instrument made by Archbishops

I5 S. 63(5) in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops

I6 S. 63(7) in force at 1.5.2008 by 2008 No. 1, Instrument made by Archbishops

64 Transitional provisions E

The transitional provisions set out in Schedule 6 to this Measure shall have effect.

Commencement Information

I7 S. 64 in force at 1.2.2008 by 2007 No. 3, Instrument made by Archbishops

65 Repeals E

The enactments mentioned in Schedule 7 to this Measure are hereby repealed to the extent specified in the second column of that Schedule.

Commencement Information

I8 S. 65 in force at 1.2.2008 for specified purposes by 2007 No. 3, Instrument made by Archbishops

I9 S. 65 in force at 1.5.2008 for specified purposes by 2008 No. 1, Instrument made by Archbishops

66 Citation, commencement and extent E

(1) This Measure may be cited as the Dioceses, Pastoral and Mission Measure 2007.

(2) This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint, and different days may be appointed for different provisions.

(3) This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands and the Isle of Man, except that the provisions thereof may be extended to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957 or either of them, in accordance with those Measures, and, if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.

Commencement Information

I10 S. 66 in force at 1.1.2008 by 2007 No. 3, Instrument made by Archbishops