National Institutions Measure 1998

Section 13(1).

SCHEDULE 5 Amendment of enactments

Diocesan Stipends Funds Measure 1953

1 In the [1953 No. 2.] Diocesan Stipends Funds Measure 1953—

(a) in section 4(1) after paragraph (b) there shall be inserted the following paragraphs—

“(ba) participation in any collective investment scheme operated for the purposes of this paragraph by the Commissioners;

(bb) investment in any investments fund or deposit fund constituted under the Church Funds Investment Measure 1958;

(bc) investment under the powers conferred on a trustee by the Trustee Investments Act 1961, as relaxed or extended by any order or regulations made under section 70 or 71 of the Charities Act 1993;”;

(b) in section 5(1) after paragraph (aa) there shall be inserted the following paragraph—

“(ab) in paying secondary Class 1 contributions under section 6 of the Social Security Contributions and Benefits Act 1992 in respect of ministers of the Church of England who are not employed under a contract of service; and”.

Church Representation Rules

2 In the [1969 No. 2.] Synodical Government Measure 1969 in Schedule 3 (Church Representation Rules)—

(a) in rule 40(1) for the words “Standing Committee” there shall be substituted the words “Business Committee of the General Synod”;

(b) in rule 42(1) at the end there shall be inserted—

“(g) the members of the Archbishops' Council who are actual communicants”;

(c) in rule 44 for paragraph (8) there shall be substituted the following paragraph—

“(8) An appeal arising out of an election or choice of members of the House of Laity of the General Synod shall, within the period of fourteen days of the appeal being lodged, be referred to the Chairman and Vice-Chairman of that House unless, within that period, the appellant withdraws the appeal in writing. Subject to paragraph (9) of this rule, the Chairman and Vice-Chairman acting jointly shall appoint three persons from an appeal panel consisting of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury, the Vicar General of the Province of York and twelve members of the House of Laity of the General Synod nominated by the Appointments Committee of the Church of England to consider and decide the appeal.”;

(d) in rule 44(9) for the words “Standing Committee” there shall be substituted the words “General Synod”;

(e) in rules 54(8)(a) and (c) for the words “Standing Committee” there shall be substituted in each case the words “Business Committee of the General Synod”.

Repair of Benefice Buildings Measure 1972

3 In the [1972 No. 2.] Repair of Benefice Buildings Measure 1972 in section 31(1) in the definition of “team vicar’s house” the words “as part of the diocesan glebe land of the diocese” shall be omitted.

Endowments and Glebe Measure 1976

4 In the [1976 No. 4.] Endowments and Glebe Measure 1976 after section 35 there shall be inserted the following section —

“35A Moneys arising from investments of the capital moneys in diocesan stipends funds

(1) The proceeds of, or the capital moneys arising from, any sale, exchange or other dealing with investments made by a Diocesan Board of Finance under section 4(1) of the Diocesan Stipends Funds Measure 1953 less the costs, charges and expenses directly attributable to the transaction in question shall be paid by the Board to the Commissioners immediately after the completion of the transaction, and the amount so paid shall be allocated by the Commissioners to the capital account of the diocesan stipends fund of the diocese concerned.

(2) All dividends or other payments in the nature of income received by a Diocesan Board of Finance in respect of the investment of any moneys standing to the credit of the capital account of the diocesan stipends fund of the diocese concerned shall be paid by the Board to the Commissioners at such times and in such manner as the Commissioners may specify, and the sums so paid shall be allocated by the Commissioners to the income account of that fund.

(3) Any question whether any sum paid to the Commissioners under this section should be allocated to the capital account or income account of a diocesan stipends fund shall be conclusively determined by the Commissioners.”.

Pastoral Measure 1983

5 In the [1983 No. 1.] Pastoral Measure 1983 in section 78A(2) —

(a) after the words “loan to the” there shall be inserted the words “care, insurance”;

(b) for the words “a diocesan board of finance” to the end there shall be inserted the words —

“(a) the Commissioners or a diocesan board of finance pending the coming into operation of arrangements under a redundancy scheme;

(b) a diocesan board of finance pending the coming into operation of arrangements under a new or amended redundancy scheme;

(c) the Commissioners or a diocesan board of finance pending the coming into operation of arrangements under a pastoral scheme to which section 46 or 47 applies.”.