SCHEDULE 1Lay residentiary canons: ancillary amendments
Ecclesiastical Commissioners Act 1840
1
(1)
Section 14A of the Cathedrals Measure 2021 (inserted by section 7 of this Measure) provides that that section applies in spite of section 27 of the Ecclesiastical Commissioners Act 1840.
(2)
None of the other provisions of that Act apply in relation to a lay residentiary canon.
Synodical Government Measure 1969
2
In the Church Representation Rules, in Rule 23(1) (deanery synod: scheme of representation for cathedrals), in sub-paragraph (a), after “other ministers” insert “and any lay residentiary canon”
.
Ecclesiastical Offices (Age Limit) Measure 1975
3
In the Schedule to the Ecclesiastical Offices (Age Limit) Measure 1975 (ecclesiastical offices to which age limit of 70 applies), after “Residentiary canon in a cathedral church” insert “, including a lay residentiary canon”
.
Ecclesiastical Offices (Terms of Service) Measure 2009
4
The Ecclesiastical Offices (Terms of Service) Measure 2009 is amended as follows.
5
In section 1 (common tenure), in subsection (1)(d), after “(interim dean)” insert “, and any lay residentiary canon of a cathedral”
.
6
In section 3B (suspension of dean or residentiary canons), after “residentiary canon” insert “, including a lay residentiary canon”
.
7
(1)
Section 4 (provision of housing for office holders) is amended as follows.
(2)
“(3A)
A lay residentiary canon of a cathedral does not have the right conferred by subsection (1) or (3) but the relevant housing provider may nonetheless decide to provide the office holder with a house of residence.”
(3)
In subsection (7) (meaning of “relevant housing provider”), in paragraph (b), after “in a cathedral” insert “or in the case of a lay residentiary canon of a cathedral”
.
Ecclesiastical Offices (Terms of Service) Regulations 2009
8
““residentiary canon” includes a lay residentiary canon;”.
Care of Cathedrals Measure 2011
9
“(3A)
The reference in subsection (3)(b) to a person who is or has been a residentiary canon of a cathedral church includes a reference to a person who is or has been a lay residentiary canon of the cathedral.”
Church of England Pensions Measure 2018
10
The Church of England Pensions Measure 2018 is amended as follows.
11
In each of the following provisions, for “or licensed lay worker”, in each place it appears, substitute “, licensed lay worker or lay residentiary canon”
—
(a)
in section 5 (service to be treated as pensionable service), subsections (1), (2) and (4) to (6);
(b)
section 7 (the funded scheme);
(c)
in section 11 (liability of Church Commissioners), subsection (1)(a), (b) and (c);
(d)
in section 39 (schemes for church workers), subsection (3);
(e)
in section 43 (loans for residences), subsections (2)(a) and (b) and (5).
12
In section 41 (provision of residences), in subsection (1)(a) and (b), for “and licensed lay workers” substitute “, licensed lay workers and lay residentiary canons”
.
13
In section 53 (power to make further provision by regulations), in subsection (1)(a), (b), (c) and (d), for “or church worker” substitute “, church worker or lay residentiary canon”
.
Cathedrals Measure 2021
14
The Cathedrals Measure 2021 is amended as follows.
15
In section 3 (the College of Canons), in subsection (5), after “a lay canon” insert “, a lay residentiary canon”
.
16
“(11)
The constitution may include provision in accordance with section 14A for the appointment of a lay person as a residentiary canon of the cathedral.”
17
In section 9 (the bishop), in subsection (4), after “the Crown” insert “; and that, accordingly, includes a lay residentiary canon.”
18
(1)
Section 12 (the dean) is amended as follows.
(2)
In each of subsections (7), (8) and (12), for “clergy of the cathedral” substitute “ministers of the cathedral”
.
(3)
In subsection (10), after “a residentiary canon” insert “(including any lay residentiary canon)”
.
(4)
In subsection (12), after “clerk in Holy Orders” insert “, or any lay residentiary canon,”
.
19
In section 13 (interim dean), in subsection (1), after “the period concerned” insert “(and the reference to a residentiary canon does not, accordingly, include a reference to a lay residentiary canon)”
.
20
“(7)
This section (including as it is applied by subsection (6)) does not apply to a lay residentiary canon.”
21
“(1A)
A lay residentiary canon is entitled to have responsibility of a kind referred to in subsection (1)(b), except in so far as the constitution provides otherwise.”
22
“(11)
In the case of a lay residentiary canon who is provided with a house of residence under section 4 of the Ecclesiastical Offices (Terms of Service) Measure 2009, the reference in subsection (2)(a) to a residentiary canon includes a reference to that lay residentiary canon.”
23
“(10)
This section (including as it is applied by subsection (9)) does not apply to a lay residentiary canon.”
24
In section 40 (modification of the Church Representation Rules), in subsection (3)(e)—
(a)
after “clerk in Holy Orders” insert “, and any lay residentiary canon of the cathedral,”
, and
(b)
after “other clerk” insert “, or lay residentiary canon,”
.
25
““lay residentiary canon” has the meaning given in section 14A(2);”.
26
“(9)
The reference in sub-paragraph (1) to the residentiary canons of the cathedral includes a reference to any lay residentiary canon of the cathedral; and a lay residentiary canon who carries out cathedral duties is accordingly an executive member, except in so far as the constitution provides otherwise.”
27
In Schedule 2 (diocese of Leeds: the College of Canons), in the modified version of section 3 set out by paragraph 1, in subsection (7), after “a lay canon” insert “, a lay residentiary canon”
.
SCHEDULE 2Remote meetings
Diocesan synods, deanery synods, PCCs, parochial church meetings etc.
1
“Interpretation: remote meetings83A
(1)
This Rule applies for the purposes of these Rules and for the purposes of any provision made by or under any other Measure or other instrument (whenever passed or made) about meetings of a body constituted by or under these Rules or about parochial church meetings.
(2)
A reference to a meeting includes a reference to a meeting which persons may attend, speak at, vote in, or otherwise participate in without any, or without all, of the persons being together in the same place.
(3)
A reference to a place where a meeting is held, or is to be held, includes a reference to more than one place, including electronic, digital or virtual locations, web addresses or conference call telephone numbers.
(4)
A person is to be regarded as present at a meeting at any given time if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.
(5)
A reference to being present at a meeting includes a reference to being present by electronic means, including by telephone conference, video conference, live webcast or live interactive streaming.
(6)
Relevant procedural rules are to be taken to provide, in so far as they do not already, for participation in meetings without any, or without all, of the persons being together in the same place; and for this purpose, “relevant procedural rules” are—
(a)
in the case of a deanery synod, rules under Rule 26;
(b)
in the case of a diocesan synod, standing orders under Rule 44;
(c)
in the case of a parochial church meeting, rules of procedure under Rule M7.”
2
In Form M1 of the Church Representation Rules (notice of annual meeting), in the sentence beginning “The Annual Parochial Church Meeting will be held”, for the words from “in” to “on” substitute “[in................................] [and] [if applicable, insert details of how to access remote meeting] on”
.
3
“(10)
Rule 83A of the Church Representation Rules (remote meetings) applies to a meeting under this section as it applies to a meeting of a parochial church council.”
Churchwardens: parishioners’ meetings
4
“(1B)
A reference in this Measure to a meeting of parishioners includes a reference to a meeting which persons may attend, speak at, vote in or otherwise participate in without any, or without all, of the persons being together in the same place.
(1C)
A reference in this Measure to the place where a meeting of parishioners is to be held includes a reference to more than one place, including electronic, digital or virtual locations, web addresses or conference call telephone numbers.
(1D)
A person is to be regarded for the purposes of this Measure as present at a meeting of parishioners at any given time if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.
(1E)
A reference in this Measure to being present at a meeting of parishioners includes a reference to being present by electronic means, including by telephone conference, video conference, live webcast or live interactive streaming.”
Cathedral bodies
5
“(4)
For the purposes of this Measure, where a meeting is held in more than one place (including electronic, digital or virtual locations, web addresses or conference call telephone numbers), and accordingly without any, or without all, of the persons being together in the same place—
(a)
a reference to being present at the meeting includes a reference to being present by electronic means (including by telephone conference, video conference, live webcast or live interactive streaming), and
(b)
a person is to be regarded as present at the meeting if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.”
6
“(7)
For the purposes of this Measure or any other Measure (whenever passed) which makes procedural provision about a body constituted by or under this Measure, where a meeting is held in more than one place (including electronic, digital or virtual locations, web addresses or conference call telephone numbers) and accordingly without any, or without all, of the persons being together in the same place—
(a)
a reference to being present at the meeting includes a reference to being present by electronic means (including by telephone conference, video conference, live webcast or live interactive streaming), and
(b)
a person is to be regarded as present at the meeting at any given time if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.”
Diocesan Boards of Education
7
“(9)
For the purposes of this Measure, where a meeting is held in more than one place (including electronic, digital or virtual locations, web addresses or conference call telephone numbers) and accordingly without any, or without all, of the persons being together in the same place—
(a)
a reference to attending the meeting includes a reference to attending it by electronic means (including by telephone conference, video conference, live webcast or live interactive streaming), and
(b)
a person is to be regarded as attending the meeting at any given time if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons attending.”
Dioceses Commission and Church Buildings Council
8
“(7)
For the purposes of this Measure, where a meeting is held in more than one place (including electronic, digital or virtual locations, web addresses or conference call telephone numbers), and accordingly without any, or without all, of the persons being together in the same place—
(a)
a reference to being present at the meeting includes a reference to being present by electronic means (including by telephone conference, video conference, live webcast or live interactive streaming), and
(b)
a person is to be regarded as present at the meeting if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.”
Boards of patronage under pastoral schemes
9
“(16)
Where a meeting of a patronage board constituted by a pastoral scheme is held in more than one place (including electronic, digital or virtual locations, web addresses or conference call telephone numbers) and accordingly without any, or without all, of the persons being together in the same place—
(a)
a reference in this Schedule to being present at the meeting includes a reference to being present by electronic means (including by telephone conference, video conference, live webcast or live interactive streaming), and
(b)
a person is to be regarded as present at the meeting at any given time if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.”
Power to make provision for remote meetings
10
(1)
The Archbishops’ Council may by order make provision for persons to attend, speak at, vote in, or otherwise participate in meetings of a body which has functions relating to matters concerning the Church of England without any, or without all, of the persons being together in the same place.
(2)
An order under this paragraph may amend a provision made by or under any Measure (whenever passed).
(3)
The power conferred by this paragraph is not restricted by any other provision of this Measure.