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[F154](1)In these rules:—E
[F3“actual communicant” means a person who has received Communion according to the use of the church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment being a person whose name is on the roll of a parish and is either—
confirmed or ready and desirous of being confirmed; or
receiving the Holy Communion in accordance with the provisions of Canon B 15A paragraph 1(b)]
[F4’auditor’ shall mean a person eligible as the auditor of a charity under [F5section 144(2) of the Charities Act 2011];
[F6“diocesan safeguarding advisor” means the person appointed as such for the diocese in question in accordance with provision made by Canon;]
’independent examiner’ shall mean a person as defined in [F7section 145(1)(a) of the Charities Act 2011];]
“the Measure” means the Synodical Government Measure 1969;
“minister” means:—
the incumbent of a parish;
a curate licensed to the charge of a parish or a minister acting as priest-in-charge of a parish in respect of which rights of presentation are suspended; and
“parish” means:—
“public worship” means public worship according to the rites and ceremonies of the Church of England.
(2)Any reference in these rules to the laity shall be construed as a reference to persons other than Clerks in Holy Orders, and the expression “lay” in these rules shall be construed accordingly.
[F13(3)Where a person has executed a deed of relinquishment under the M1Clerical Disabilities Act 1870 and the deed has been enrolled in the High Court and recorded in the registry of a diocese under that Act then, unless and until the vacation of the enrolment of the deed is recorded in such a registry under the M2Clerical Disabilities Act 1870 (Amendment) Measure 1934, that person shall be deemed not to be a clerk in Holy Orders for the purpose of paragraph [F14(2) of this rule] or of any other provision of these rules which refers to such a clerk.]
[F15(4)]References in these rules to the cathedral church of the diocese shall include, in the case of the dioceses of London and Oxford, references to Westminster Abbey and St. George’s Chapel, Windsor, respectively.
[F15(5)]If any question arises . . . F16whether a Church is a . . . F16Church in communion with the Church of England, it shall be conclusively determined for the purposes of these rules by the Archbishops of Canterbury and York.
[F15(6)]In these rules words importing residence include residence of a regular nature but do not include residence of a casual nature.
[F15(7)]Any reference herein to “these rules” shall be construed as including a reference to Appendices hereto.
[F17(8)(a)In these rules any matters or regulations to be prescribed shall be prescribed by the [F18Business Committee of the General Synod] of the General Synod in accordance with the following procedure.E
(b)Any matters or regulations made under this rule shall be laid before the General Synod and shall not come into force until they have been approved by the General Synod, whether with or without amendment.
(c)Where the [F18Business Committee of the General Synod] determines that matters or regulations made under this rule do not need to be debated by the General Synod then, unless—
(i)notice is given by a member of the General Synod in accordance with Standing Orders that he wishes the business to be debated, or
(ii)notice is so given by any such member that he wishes to move an amendment to the business,
the matters or regulations shall for the purposes of sub-paragraph (b) above be deemed to have been approved by the General Synod without amendment.]
[F19(9)A reference in these Rules to an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 is a reference to an offence which is—
(a)mentioned in that Schedule as amended, extended or applied from time to time, or
(b)treated by an enactment (whenever passed or made) as if it were mentioned in that Schedule.]
Textual Amendments
F1Sch. 3 rule 54 (originally 44) renumbered (1.1.1995) by S.I. 1994/3118, para. 51.
F2Sch. 3 rule 54 para. (1): Definitions of “actual communicant member of the Church of England” and “actual communicant member of a Church in communion with the Church of England” omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 51(a).
F3Sch. 3 rule 54 para. (1): Definition of “actual communicant” inserted (1.1.1995) by S.I. 1994/3118, para. 51(a).
F4Sch. 3 rule 54 para. (1): Definitions of “auditor” and “independent examiner” inserted (1.5.1996) by S.I. 1995/3243, para. 8.
F5Words in Sch. 3 rule 54(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 21(3)(a) (with s. 20(2), Sch. 8)
F6Words in Sch. 3 rule 54(1) inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 3(5), 12(3); S.I. 2016/1213, art. 2
F7Words in Sch. 3 rule 54(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 21(3)(b) (with s. 20(2), Sch. 8)
F8Sch. 3 rule 54 para. (1): Words in definition of “minister” omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 51.
F9Sch. 3 rule 54 para. (1): Words in definition of “minister” inserted (1.1.1995) by S.I. 1994/3118, para. 51.
F10Words repealed by S.I. 1980/178, para. 17(1).
F11Sch. 3 rule 54 para. (1): para. (c) in definition of “parish” inserted (1.1.1995) by S.I. 1994/3118, para. 51(b).
F12Words in Sch. 3 rule 54(1) omitted (1.1.2004) by virtue of Synodical Government (Amendment) Measure 2003 (No. 1), ss. 1(2), 4(2), Sch. para. 8; 2003 No. 2, Instrument made by Archbishops
F13Rule 44(3) inserted by S.I. 1980/178, para. 17(2).
F14Words in Sch. 3 rule 54(3) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F15Rule 44(4)—(7) (originally 44(3)—(6)) renumbered by S.I. 1980/178, para. 17(3).
F16Words repealed by S.I. 1973/1865, para. 30(2).
F17Sch. 3 rule 54 para. (8) inserted (1.5.1996) by S.I. 1995/3243, para. 9.
F18Words in Sch. 3 rule 54 para. (8)(a)(c) substituted (1.1.1999) by 1998 No. 1, s. 13(1), Sch. 5 para. 2(e); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York.
F19Sch. 3 rule 54(9) inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 3(6), 12(3); S.I. 2016/1213, art. 2
Marginal Citations
M21934 No. 1 (21:5).
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