Statute Law (Repeals) Measure 2018
2018 No. 1
A Measure passed by the General Synod of the Church of England to repeal certain enactments of ecclesiastical law which (except in so far as their effect is preserved) are no longer of practical utility.
I101Repeals
The enactments specified in the Schedule are repealed or revoked to the extent specified in the second column of that Schedule.
2Short title, commencement and extent
1
This Measure may be cited as the Statute Law (Repeals) Measure 2018.
2
This section comes into force on the day on which this Measure is passed.
3
Section 1 and the Schedule come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint; and different days may be appointed for different purposes.
4
The Archbishops of Canterbury and York may by order jointly make transitional, transitory or saving provision in connection with the commencement of a provision of the Schedule.
5
The power to make an order under subsection (3) or (4) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies to an order under that subsection as if it had been made by a Minister of the Crown and as if this Measure were an Act of Parliament.
6
This Measure extends to—
a
the whole of the province of Canterbury, except the Channel Islands (but see subsection (7)), and
b
the whole of the province of York, including the Isle of Man so far as this Measure repeals any enactment which extends to the Isle of Man (subject to subsection (8)).
7
This Measure may be applied to the Channel Islands, or either of them, in accordance with the Channel Islands (Church Legislation) Measures 1931 and 1957; and a reference in this section to the Channel Islands or either of them has the same meaning as a reference in those Measures to the Islands or either of them.
8
The repeal in Part 1 of the Schedule of section 18(1) of the Dioceses Measure 1978 does not extend to the Isle of Man.
SCHEDULEREPEALS
I1PART 1CLERGY
Reference | Extent of repeal |
---|---|
Suffragan Bishops Act 1534 (26 Hen 8 c. 14) | Section 5. |
Simony Act 1588 (31 Eliz 1 c. 6) | Sections 4 and 5 in so far as they impose a penalty by reference to the value of an ecclesiastical living. |
Queen Anne's Bounty Act 1714 (1 Geo 1 St 2 c. 10) | The whole Act. |
Ecclesiastical Commissioners Act 1836 (6 & 7 Will 4 c. 77) | The whole Act. |
Sodor and Man Act 1838 (1 & 2 Vict. c. 30) | The whole Act. |
Ecclesiastical Commissioners Act 1840 (3 & 4 Vict c. 113) | Section 35. |
Ecclesiastical Commissioners Act 1841 (4 & 5 Vict c. 39) | Section 12. |
Lecturers and Parish Clerks Act 1844 (7 & 8 Vict c. 59) | Sections 1 and 4. |
Colonial Bishops Act 1853 (16 & 17 Vict c. 49) | The whole Act. |
Church of England (Miscellaneous Provisions) Measure 1976 (No. 3) | In section 1—
|
In the Schedule, Part 1. | |
Dioceses Measure 1978 (No. 1) | Section 18(1). |
I4PART 2BENEFICES
Sch. Pt. 2 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Pluralities Act 1838 (1 & 2 Vict c. 106) | The whole Act, except--
|
Ecclesiastical Commissioners Act 1841 (4 & 5 Vict c. 39) | Section 24. |
Residence of Incumbents Act 1869 (32 & 33 Vict c. 109) | The whole Act. |
Sequestration Act 1871 (34 & 35 Vict c. 45) | The whole Act. |
Pluralities Acts Amendment Act 1885 (48 & 49 Vict c. 54) | The whole Act. |
Reference | Extent of repeal or revocation |
---|---|
Benefices Act 1898 (61 & 62 Vict c. 48) | Section 13(2). |
Ecclesiastical Jurisdiction Measure 1963 (No. 1) | Section 6(1)(d). |
Patronage (Benefices) Measure 1986 (No. 3) | In Schedule 4, paragraph 1 and the preceding cross-heading. |
Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129) | In Schedule 3, paragraph 1(3). |
Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010 (S.I. 2010/2847) | In Schedule 2, paragraphs 1 to 11 and the preceding cross-heading. |
I2PART 3ECCLESIASTICAL PROPERTY
Sch. Pt. 3 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Tithe Act 1536 (28 Hen 8 c. 11) | The whole Act. |
Church Building Act 1822 (3 Geo 4 c. 72) | The whole Act. |
Ecclesiastical Corporations Act 1832 (2 & 3 Will 4 c. 80) | The whole Act. |
Ecclesiastical Leases Act 1836 (6 & 7 Will 4 c. 20) | The whole Act. |
Ecclesiastical Leases (Amendment) Act 1836 (6 & 7 Will 4 c. 64) | The whole Act. |
Ecclesiastical Commissioners Act 1840 (3 & 4 Vict c. 113) | Sections 54 and 55. |
Ecclesiastical Houses of Residence Act 1842 (5 & 6 Vict c. 26) | The whole Act, except in section 8 the words from the beginning to “in land or otherwise”. |
Ecclesiastical Leasing Act 1842 (5 & 6 Vict c. 108) | The whole Act. |
Ecclesiastical Leasing Act 1858 (21 & 22 Vict c. 57) | The whole Act. |
Ecclesiastical Leases Act 1865 (28 & 29 Vict c. 57) | The whole Act. |
Ecclesiastical Commissioners Act 1866 (29 & 30 Vict c. 111) | Section 17. |
Ecclesiastical Commissioners (Powers) Measure 1936 (No. 5) | Sections 6 and 11. |
Reference | Extent of repeal |
---|---|
Agriculture Act 1947 (c.48) | Section 82(2). |
Common Informers Act 1951 (c. 39) | In the Schedule, the entry for the Ecclesiastical Leases Act 1836. |
Universities and College Estates Act 1964 (c. 51) | Section 1(1). |
Administration of Justice Act 1965 (c. 2) | In Schedule 1, the entry for the Ecclesiastical Houses of Residence Act 1842. |
Administration of Justice Act 1982 (c. 53) | Section 46(2)(a)(ii). |
Cathedrals Measure 1999 (No. 1) | In section 36(2)—
|
Constitutional Reform Act 2005 (c. 4) | In Schedule 4, paragraphs 10 to 12 and the preceding cross-heading. |
In Schedule 11, paragraph 8 and the preceding cross-heading. | |
Charities Act 2011 (c. 25) | In section 105—
|
I5PART 4ECCLESIASTICAL JURISDICTION AND FEES
Sch. Pt. 4 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Ecclesiastical Jurisdiction Measure 1963 (No. 1) | In section 46(1), the words from “Provided that” to the end. |
Ecclesiastical Judges and Legal Officers Measure 1976 (No. 2) | Section 1(3). |
Section 6. | |
Ecclesiastical Fees Measure 1986 (No. 2) | In Schedule 2, paragraphs 2 to 4. |
Church of England (Legal Aid) Measure 1994 (No. 3) | Section 5. |
Reference | Extent of repeal |
---|---|
Care of Places of Worship Measure 1999 (No. 2) | Section 3(3). |
I7PART 5CHURCH REPRESENTATION
Sch. Pt. 5 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Parsonages Measure 1938 (No. 3) | Section 12. |
Inspection of Churches Measure 1955 (No. 1) | Section 4. |
Ecclesiastical Fees Measure 1986 (No. 2) | In Schedule 1—
|
Church of England (Miscellaneous Provisions) Measure 1992 (No. 1) | Section 4(2). |
Churchwardens Measure 2001 (No. 1) | Section 14. |
Schedule 1. | |
Mission and Pastoral Measure 2011 (No. 3) | Section 68(10). |
In section 103—
|
Reference | Extent of repeal |
---|---|
Care of Places of Worship Measure 1999 (No. 2) | In section 3(4), “, 4”. |
Church of England (Miscellaneous Provisions) Measure 2005 (No. 3) | In Schedule 1, paragraph 7. |
I8PART 6SERVICES
Sch. Pt. 6 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Admission to Holy Communion Measure 1972 (No. 1) | The whole Measure. |
I3PART 7CHURCH COMMISSIONERS
Sch. Pt. 7 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Ecclesiastical Commissioners Act 1840 (3 & 4 Vict c. 113) | Sections 84, 86 and 88. |
Ecclesiastical Commissioners Act 1860 (23 & 24 Vict c. 124) | Section 13. |
In section 14, the words from “; but this enactment” to the end. | |
Church of England (Miscellaneous Provisions) Measure 2000 (No. 1) | Section 1. |
I9PART 8EDUCATION, &C.
Sch. Pt. 8 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Parochial Libraries Act 1708 (7 Ann c. 14) | Sections 4 and 5. |
Diocesan Boards of Education Measure 1991 (No. 2) | Section 12. |
I6PART 9CATHEDRALS
Sch. Pt. 9 in force at 1.7.2018 by S.I. 2018/718, art. 2
Reference | Extent of repeal |
---|---|
Cathedrals Measure 1976 (No.1) | Section 8. |
Cathedrals Measure 1999 (No.1) | In section 38—
|
Schedule 1. |
Sch. Pt. 1 in force at 1.7.2018 by S.I. 2018/718, art. 2