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Pastoral Measure 1983 (repealed)

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Version Superseded: 01/01/2001

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27 Provisions as to parish churches.E

(1)A pastoral scheme may, in relation to any parish, including a new parish to be created by the scheme or a parish the area of which is to be altered thereby—

(a)designate as the parish church or as an additional parish church, or as parish churches or additional parish churches, any church or churches in the parish;

(b)provide for a church in the parish which immediately before the scheme comes into operation is a parish church to cease to be a parish church;

(c)provide for a new church and for it to become, after its approval by the Commissioners as suitable to be a parish church and its consecration, the parish church, or an additional parish church, of the parish either in substitution for an existing parish church or otherwise.

(2)The designation by a pastoral scheme as a parish church of a building which immediately before the scheme comes into operation is not a parish church shall not take effect unless and until it has been approved by the Commissioners as suitable to be a parish church and, if necessary, the building has been consecrated.

(3)If the area of a parish is altered by a pastoral scheme but no provision with respect to the churches in that area is made by the scheme, every church in that area shall have the same status on and after the date on which the scheme comes into operation as it had immediately before that date.

(4)Where, in a parish which has no parish church, a church is approved by the Commissioners as suitable to be a parish church and is consecrated, it shall become the parish church of that parish.

(5)Where by virtue of a designation made by a pastoral scheme or otherwise a parish has more than one parish church, the following provisions shall apply—

(a)the parishioners of the parish shall have the same rights of worship in each of the parish churches;

(b)marriages may be solemnized in any of the parish churches, and the bishop may give directions under section 23 of the M1Marriage Act 1949, as extended by paragraph 14(4) of Schedule 3 to this Measure, with respect to the publication of banns and solemnization of marriages in the parish churches;

(c)burial rights shall not be affected by the designation, but shall be governed by paragraph 15 of Schedule 3;

(d)the powers, duties and liabilities of the parochial church council of the parish shall extend to each of the parish churches;

(e)two churchwardens shall be appointed for each of the parish churches, and the M2Churchwardens (Appointment and Resignation) Measure 1964 shall apply separately to each pair of churchwardens, but all the churchwardens shall be churchwardens of the whole parish, except so far as they may arrange to perform separate duties in relation to the several parish churches;

and the pastoral scheme may make such other adaptations or modifications of enactments or Measures relating to parish churches or churchwardens (including the foregoing provisions) as may be necessary or expedient.

(6)It shall be lawful in any church designated by a pastoral scheme as a parish church or becoming a parish church under this section, to publish banns of matrimony, solemnize marriages and perform all other such ecclesiastical offices as may be performed in a parish church.

(7)A pastoral scheme may provide for determining claims to sittings and other claims in respect of a church designated by a pastoral scheme as a parish church or becoming a parish church under this section.

(8)A pastoral scheme may provide for transferring to a church designated by such a scheme as a parish church or becoming a parish church under this section register books or records from any other church ceasing to be a parish church or otherwise affected by or in pursuance of that or any other pastoral scheme or for those books or records to be dealt with as the bishop of the diocese in which that other church is, may direct under section 19 of the M3Parochial Registers and Records Measure 1978.

In this subsection “register books” and “records” have respectively the same meanings as in the said Measure of 1978.

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