Ecclesiastical Jurisdiction and Care of Churches Measure 2018

Inspection

45 Scheme for inspection of church or building in the list

(1) In the case of each diocese, the scheme established by the diocesan synod or the bishop under section 1 or 1B of the Inspection of Churches Measure 1955, providing for the inspection of every church or relevant building in the diocese at least once every five years and having effect immediately before the commencement of this section, continues to have effect.

(2) The scheme contains—

(a) provision establishing a fund by means of contributions from parochial, diocesan or other sources;

(b) provision for the payment out of that fund or otherwise of the cost of inspecting churches or relevant buildings in the diocese;

(c) provision for the appointment of one or more qualified persons approved by the advisory committee to inspect the churches or relevant buildings in the diocese and make a report on each one inspected;

(d) provision, in the case of each church inspected, for a copy of the report made under paragraph (c) to be sent to—

(i) the archdeacon of the archdeaconry in which the church is situated,

(ii) the PCC of the parish in which it is situated,

(iii) the incumbent of the benefice to which that parish belongs, and

(iv) the secretary of the advisory committee;

(e) provision, in the case of each relevant building inspected, for a copy of the report made under paragraph (c) to be sent to—

(i) the archdeacon of the archdeaconry in which the building is situated,

(ii) the secretary of the advisory committee, and

(iii) the Church Buildings Council;

(f) such other provisions as were included under section 1(2)(e) or 1B(1) of the Inspection of Churches Measure 1955 (power of diocesan synod or bishop to make provisions consistent with that Measure).

(3) The diocesan synod may at any time establish a further scheme to replace the previous scheme (regardless of whether that previous scheme was established by the diocesan synod or by the bishop); and a further scheme—

(a) must be for the purpose specified in subsection (1),

(b) must contain the provision specified in subsection (2)(a) to (e), and

(c) may contain such other provision not inconsistent with this section or sections 46 to 48 as the diocesan synod thinks fit.

(4) A scheme established under subsection (3) and passed at a meeting of the diocesan synod—

(a) must be signed by the chair of the meeting, and

(b) comes into operation on the date on which it is signed.

(5) “Relevant building” means a building included in the list other than a building within section 38(2)(b) (episcopal house of residence).

(6) “Qualified person” means—

(a) a person registered under the Architects Act 1997, or

(b) a member of the Royal Institution of Chartered Surveyors who is qualified as a chartered building surveyor.

46 Inspection: contents etc.

(1) An inspection of a church under the scheme referred to in section 45 must include an inspection of—

(a) every movable article in the church which the inspector is directed by the archdeacon, after consultation with the advisory committee of the diocese, to treat as being—

(i) of outstanding architectural, artistic, historical or archaeological value,

(ii) of significant monetary value, or

(iii) at special risk of being stolen or damaged;

(b) every other article in the church which the inspector considers to be of the description in sub-paragraph (i), (ii) or (iii) of paragraph (a);

(c) every ruin in the churchyard which is designated by the Council for British Archaeology and the Historic Buildings and Monuments Commission for England acting jointly as being of outstanding architectural, artistic, historical or archaeological value;

(d) every tree in the churchyard belonging to the church in respect of which a tree preservation order under the Town and Country Planning Act 1990 is in force.

(2) Any expenses properly incurred by a PCC, with the prior approval of the diocesan board of finance, for the purpose of implementing a recommendation contained in a report made in respect of a ruin under subsection (1)(c) must be paid by the board.

(3) A reference in this section or section 45 or 47 to the inspection of a church is to be read in light of subsection (1).

(4) “Ruin” means a site which comprises the remains of a building which are above the surface of the land; and for this purpose “site” does not include—

(a) a monument (within the meaning of section 66), or

(b) a site which is used for the purposes of public worship according to the rites and ceremonies of the Church of England.

47 Archdeacon’s power to require inspection of church

(1) This section applies where an archdeacon finds on a survey of the churches of his or her jurisdiction, or at any other time, that a church in the archdeaconry or a relevant article in a church in the archdeaconry has not been inspected to his or her satisfaction by a qualified person for at least five years.

(2) The archdeacon may serve on the PCC of the parish in which the church is situated a written notice requiring the PCC to cause the church or relevant article to be inspected in accordance with the scheme referred to in section 45.

(3) A relevant article, in relation to a church, is a movable article in the church which the archdeacon, after consultation with the advisory committee, considers to be—

(a) of outstanding architectural, artistic, historical or archaeological value,

(b) of significant monetary value, or

(c) at special risk of being stolen or damaged.

(4) At any time after the expiry of three months beginning with the date of service of a notice under subsection (2), if the church or relevant article has not in the meantime been inspected as mentioned in subsection (1), the archdeacon may, with the consent of the bishop of the diocese concerned, make arrangements for the inspection and report required by the scheme referred to in section 45 to be done.

(5) Where a church or relevant article is inspected under arrangements made under subsection (4), the cost of the inspection as certified by the archdeacon must be paid out of the fund established by the scheme referred to in section 45 (see subsection (2)(a) of that section).

(6) A notice under subsection (2) may be served by sending it by post—

(a) in a registered letter addressed to the secretary of the PCC by his or her name at his or her usual or last-known address, or

(b) if the secretary’s name or residence is not known, in a registered letter addressed to the secretary by that title at the usual or last-known address of the incumbent of the parish.

(7) “Qualified person” has the meaning given in section 45.

48 Power to require inspection of other place of worship

(1) Where an archdeacon finds that a relevant building in the archdeaconry (other than one which is part of a prison) has not been inspected to his or her satisfaction by a qualified person for at least five years, the archdeacon must notify the Church Buildings Council.

(2) Where the Chaplain-General of Prisons finds that a relevant building which is part of a prison has not been inspected to his or her satisfaction by a qualified person for at least five years, the Chaplain-General must notify the Church Buildings Council.

(3) At any time after the expiry of three months beginning with the date of notification under this section, if the building has not in the meantime been inspected as mentioned in subsection (1) or (2), the archdeacon or Chaplain-General (as the case may be) may, with the consent of the bishop of the diocese concerned, make arrangements for the inspection and report required by the scheme referred to in section 45 to be done.

(4) “Relevant building” and “qualified person” each have the meaning given in section 45.