Statutory Instruments
Ecclesiastical Law, England
Made
13th June 2018
The Archbishops of Canterbury and York, in exercise of the powers conferred by section 14 of the Mission and Pastoral etc. (Amendment) Measure 2018(1), make the following Order:
1.—(1) This Order may be cited as the Mission and Pastoral etc. (Amendment) Measure 2018 (Commencement No. 1 and Transitional Provisions) Order 2018.
(2) In this Order—
“the 2011 Measure” means the Mission and Pastoral Measure 2011(2);
“the 2018 Measure” means the Mission and Pastoral etc. (Amendment) Measure 2018.
2. The following provisions of the 2018 Measure come into force on 1st July 2018—
(a)section 6 and the Schedule (compensation of office-holders);
(b)section 8 (Churches Conservation Trust: number of members);
(c)section 10 (bishop’s mission order);
(d)section 11 (dealings in glebe land: removal of duty to consider representations);
(e)section 12 (right of patronage to lapse to diocesan bishop).
3. The following provisions of the 2018 Measure come into force on 1st October 2018—
(a)section 1 (pastoral schemes and orders: consultation);
(b)section 2 (pastoral schemes and orders: preparation by the Commissioners);
(c)in section 3 (pastoral schemes and orders: notice, publication and amendment), subsections (1) to (4), (7), (8) and (11);
(d)in section 4 (pastoral schemes and orders: presumption in favour of deanery plan), subsections (2) and (3) and subsection (4) so far as it inserts the new subsection (7) in section 26 of the 2011 Measure;
(e)section 5 (teams and group ministries);
(f)section 7 (bishop’s pastoral order);
(g)section 9 (pastoral church buildings scheme: severance).
4. The Schedule contains transitional provisions which apply in relation to provisions of the 2018 Measure commenced by this Order.
+Justin Cantuar:
Archbishop of Canterbury
+Sentamu Ebor:
Archbishop of York
13th June 2018
Article 4
1.—(1) The amendments made by section 3(3) and (4)(b) of the 2018 Measure to section 9 of the 2011 Measure (pastoral schemes and orders: notice and publication) do not apply in relation to a draft pastoral scheme or order, a copy of which was served under that section before 1st October 2018.
(2) The amendments made by section 3(8) of the 2018 Measure to section 24 of the 2011 Measure (church building schemes: notice and publication) do not apply in relation to a draft pastoral scheme, a copy of which was served under that section before 1st October 2018.
2.—(1) The amendments made by section 5(1) to (3) of the 2018 Measure to section 34 of the 2011 Measure (establishment of team ministries) do not affect provision made in a pastoral scheme before 1st October 2018 under subsections (6) to (8) of that section (provision in pastoral scheme as to relationship of rector and other members of team ministry or as to responsibility of vicar or other team members).
(2) The amendments made by section 5(6), (7), (9) and (10) of the 2018 Measure to paragraphs 1 and 2 of Schedule 3 to the 2011 Measure (pastoral scheme: team ministry) do not affect provision made in a pastoral scheme before 1st October 2018 under paragraph 1(1) of that Schedule for the presentation of the rector of a team ministry by the diocesan board of patronage.
3. The amendments made by section 6 of, and the Schedule to, the 2018 Measure (compensation of office-holders) do not apply in relation to a pastoral scheme, the consultation on the draft of which under section 6(1) of the 2011 Measure began before 1st July 2018, or in relation to a pastoral church buildings scheme, the consultation on the draft of which under section 21(1) of the 2011 Measure began before that date.
4. The amendments made by section 11 of the 2018 Measure to section 20 of the Endowments and Glebe Measure 1976 (powers of diocesan boards of finance to deal with diocesan glebe land) do not apply in a case where a notice under subsection (5) of that section was served before 1st July 2018.
(This note is not part of the Order)
This Order brings into force specified provisions of the Mission and Pastoral etc. (Amendment) Measure 2018 and makes transitional provision in connection with the coming into force of certain of those provisions.
Article 2 lists the provisions coming into force on 1st July 2018.
Article 3 lists the provisions coming into force on 1st October 2018.
Article 4 introduces the Schedule, which makes transitional provision about pastoral schemes and orders, team ministries, compensation of office-holders and dealings in glebe land.