The Women Priests (Channel Islands) Order 1999

Statutory Instruments

1999 No. 1317

CHANNEL ISLANDS

The Women Priests (Channel Islands) Order 1999

Made

11th May 1999

Coming into force

1st June 1999

At the Court at Buckingham Palace the 11th day of May 1999

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Scheme set out in the Schedule to this Order has been settled and approved in accordance with the provisions of the Schedule to the Channel Islands (Church Legislation) Measure 1931(1) and there has been due compliance with the procedure required by those provisions:

Now, therefore, Her Majesty, in pursuance of section 2 of that Measure of 1931, section 12(4) of the Priests (Ordination of Women) Measure 1993(2) and section 13(2) of the Ordination of Women (Financial Provisions) Measure 1993(3), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.  This Order may be cited as the Women Priests (Channel Islands) Order 1999 and shall come into force on 1st June 1999.

2.  The Scheme set out in the Schedule to this Order is hereby confirmed and it is hereby directed that the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 shall apply to the Channel Islands in accordance with that Scheme.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE

A SCHEME

Prepared by the Bishop of Winchester in pursuance of the Channel Islands (Church Legislation) Measures 1931 and 1957 for applying the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 to the Channel Islands.

PREAMBLE

Whereas section 12(4) of the Priests (Ordination of Women) Measure 1993 and section 13(2) of the Ordination of Women (Financial Provisions) Measure 1993 respectively provide that those Measures may be applied to the Channel Islands or either of them, as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, in accordance with the provisions of the last-mentioned Measures.

And whereas the Bishop of Winchester has come to the conclusion that the first-mentioned Measures ought to be applied to the Channel Islands with certain variations and has in accordance with paragraphs 1 to 3 of the Schedule to the Channel Islands (Church Legislation) Measure 1931 prepared the following draft Scheme for the purpose:

SCHEME APPLICATION OF THE PRIESTS (ORDINATION OF WOMEN) MEASURE 1993

1.  In its application to the Channel Islands, the Priests (Ordination of Women) Measure 1993 shall have effect as if—

(a) immediately after the words in section 1(1) there were inserted “, and it is hereby declared for the avoidance of doubt that any canon making such provision shall apply in the Channel Islands”;

(b) for section 3 there were substituted—

“3.— (1) Subject to the following provisions of this section a Congregational Meeting of a parish may pass either or both of the resolutions set out as Resolution A and Resolution B in Part I of Schedule 1 to this Measure.

(2) Subject to the following provisions of this section a Congregational Meeting which has passed a resolution under subsection (1) above may by resolution rescind it, and the first-mentioned resolution shall continue in force until rescinded.

(3) Subject to subsection (4) below it shall be the duty of the minister of a parish, and during a vacancy or when the minister is incapacitated by absence or illness or any other cause it shall be the duty of the churchwardens of the parish, to convene a Congregational Meeting in accordance with subsection (5) below for the purpose of considering a motion for a resolution under subsection (1) or (2) above within six weeks of receiving a request in writing so to do signed by not less than one sixth of the persons entitled to attend such a meeting.

(4) A motion for a resolution in the form set out as Resolution A in Part I of Schedule 1 to this Measure shall not be considered by a Congregational Meeting if the minister of the parish concerned, or any assistant curate for that parish, is a woman ordained to the office of priest.

(5) A resolution shall not be passed by a Congregational Meeting under subsection (1) or (2) above unless—

(a) the convenor of the meeting has caused a notice in the form set out in Part II of Schedule 1 to this Measure to be affixed on or near to the principal door of every Church of England church and place of worship in the parish for a period of at least four weeks stating the time and place of the meeting and the terms of the motions proposing the resolutions which are to be considered; and

(b) the meeting is attended by at least one third of the persons entitled to attend.

(6) A copy of any resolution passed by a Congregational Meeting under subsection (1) or (2) above shall be sent to the following—

(a) the Bishop of Winchester;

(b) the Dean of the Island;

(c) the lay chairman of the deanery synod;

(d) the registrar of the diocese; and

(e) the patron of the parish concerned.

(7) Where a resolution under subsection (1) above is in force a person discharging any function in relation to the parish concerned shall not act in contravention of the resolution.

(8) In this section “convenor” means the minister of the parish or, during a vacancy or when the minister is incapacitated by absence of illness or any other cause, the churchwardens of the parish.;”

(c) section 4 (together with Schedule 2) were omitted;

(d) in section 5, the words “under the Ecclesiastical Jurisdiction Measure 1963”, and paragraph (c), were omitted;

(e) section 6 were omitted;

(f) for section 7 there were substituted—

“7.   Section 3 above shall apply in relation to a parish in respect of which the Crown is the patron, whether solely or jointly with any other person, as it applies in relation to any other parish.;”

(g) section 8 were omitted; and

(h) in section 12, subsections (2) and (5) (together with Schedule 4) were omitted; and

(i) for Schedule 1 there were substituted—

“SCHEDULE 1

Part I

Resolution A

That this Congregational Meeting would not accept a woman as the minister who presides at or celebrates the Holy Communion or pronounces the Absolution in the parish.

Resolution B

That this Congregational Meeting would not accept a woman as the incumbent or priest in charge of the parish.

PART II

NOTICE OF CONGREGATIONAL MEETING

”

APPLICATION OF THE ORDINATION OF WOMEN (FINANCIAL PROVISIONS) MEASURE 1993

2.  The whole of the Ordination of Women (Financial Provisions) Measure 1993 shall apply to the Channel Islands.

INTERPRETATION

3.—(1) For the purposes of this Scheme, and of the Measures applied to the Channel Islands by this Scheme

(a) any reference to the Channel Islands or either of them shall have the same meaning as has such a reference in the Channel Islands (Church Legislation) Measure 1931; and

(b) any reference to any other enactment is a reference to that enactment as it has effect in the Channel Islands.

(2) In this Scheme:

• “Congregational Meeting”, in respect of any parish, means a meeting of those persons whose names are entered on the Island’s Church Electoral Roll in relation to that parish;

• “parish” means an ecclesiastical parish.

Explanatory Note

(This note is not part of the Order)

This Order applies the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 to the Channel Islands in accordance with a Scheme prepared by the Bishop of Winchester.

(1)

1931 No. 4, as amended by 1957 No. 1.

(2)

1993 No. 2.

(3)

1993 No. 3.