Church of England (Miscellaneous Provisions) Measure 1983

1983 No. 2

A MEASURE passed by The General Synod of the Church of England to amend the New Parishes Measure 1943, the Parsonages Measure 1938, the Parochial Church Councils (Powers) Measure 1956, the Ecclesiastical Judges and Legal Officers Measure 1976, and the Bishops (Retirement) Measure 1951; to make further provision with respect to the discharge of the functions of a bishop or archdeacon and the constitution of an Appeal Tribunal for the compensation of clergy; and to make provision for transferring a house and muniment room in Lichfield from the Registrar of Lichfield to the Diocesan Board of Finance; and for purposes connected therewith.

[9th May 1983]

Commencement Information

I1 Measure,so far as unrepealed, wholly in force at 9.6.1983 see s 13(3).

F1 1 Acquisition of churches and sites for church halls. U.K.

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Textual Amendments

F1 Ss. 1-4 repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

F1 2 Power to grant land if benefice vacant. U.K.

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Textual Amendments

F1 Ss. 1-4 repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

F1 3 Diocesan authority. U.K.

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Textual Amendments

F1 Ss. 1-4 repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

F1 4 Powers of selling parsonage houses, etc. U.K.

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Textual Amendments

F1 Ss. 1-4 repealed (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 3 (with Sch. 2); S.I. 2019/97, art. 2

5 Functions of parochial church councils. U.K.

In section 2 of the M1 Parochial Church Councils (Powers) Measure 1956 (which requires the incumbent and parochial church council to consult together on certain matters and provides for the functions of such councils), for the word “incumbent”, in both places where that word occurs, there shall be substituted the word “minister”.

Marginal Citations

M1 1956 No. 3.

F2 6 Appointment of registrar of a province. U.K.

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Textual Amendments

F2 S. 6 repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

7 Retirement of certain bishops. U.K.

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Textual Amendments

F3 S. 7 repealed by Bishops (Retirement) Measure 1986 (No. 1, SIF 21:3), s. 12(2), Sch.

F4 8 Discharge of certain functions of bishop. E

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Textual Amendments

F4 S. 8 repealed (1.5.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 7; S.I. 2008/1, unnumbered article

9 Discharge of certain functions of archdeacon. U.K.

(1) Where an archdeaconry is vacant or an archdeacon is unable by reason of illness or absence to carry out any or all of his functions, the bishop of the diocese in which the archdeaconry is may appoint by an instrument under his hand a person in priest’s orders to perform any or all of the archdeacon’s functions for a period specified in the instrument.

(2) A power of appointment under this section may be exercised by the appointment of two or more persons qualified for such appointment and by the division among them, whether territorially or otherwise, of their function or functions to be performed.

(3) A statement in a document issued in the performance of any such function that the person by whom the document is signed or executed has been duly appointed under this section to perform that function shall be conclusive evidence of that fact.

(4) Nothing in this section shall be taken to affect the power of the bishop under F5 ... section 2(2) of the M2 Incumbents (Vacation of Benefices) Measure 1977 (power to appoint another archdeacon to act in a particular case where archdeaconry is vacant).

Textual Amendments

F5 Words in s. 9(4) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

Marginal Citations

M2 1977 No. 1.

F6 10 Amendment of s. 10 Dioceses Measure 1978. U.K.

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Textual Amendments

F6 S. 10 repealed (1.5.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 7; S.I. 2008/1, unnumbered article

11 Constitution of Appeal Tribunal for compensation of clergy. U.K.

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Textual Amendments

F7 S. 11 repealed by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 93, Sch. 9

F8 12 Transfer of house and muniment room from Registrar of Lichfield to Diocesan Board of Finance. U.K.

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Textual Amendments

F8 S. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 1 (with Sch. 2 para. 15)

13 Short title, extent and commencement. U.K.

(1) This Measure may be cited as the Church of England (Miscellaneous Provisions) Measure 1983.

(2) This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands and the Isle of Man, but may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures and may be extended to the Isle of Man by Act of Tynwald.

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 13(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 1