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E

Church of England (Miscellaneous Provisions) Measure 2000

2000 No. 1

A Measure passed by the General Synod of the Church of England to transfer certain functions of the Church Commissioners to diocesan bodies; to make provision for the performance of a rural dean’s functions during a vacancy, absence or illness; to enable dioceses to re-name rural deans as area deans; to amend section 1 of the Consecration of Churchyards Act 1867; to amend section 12(10) of the City of London (Guild Churches) Act 1952; to amend the Schedule to the Church Funds Investment Measure 1958; to amend section 8 of the Ecclesiastical Jurisdiction Measure 1963; to amend section 21 of the Repair of Benefice Buildings Measure 1972; to amend section 4 of the Ecclesiastical Fees Measure 1986; to amend section 3 of the Patronage (Benefices) Measure 1986; to amend section 6 of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988; to repeal certain enactments which are no longer of practical utility; and for purposes connected therewith.

[28th July 2000]

Part IE Transfer of certain functions of Church Commissioners

F11 Diocesan accounts.E

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F22 Amendment of Parsonages Measure 1938.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3 Amendment of City of London (Guild Churches) Act 1952.E

In section 12(10) of the M1City of London (Guild Churches) Act 1952—

(a)for the words “Incumbents (Disability) Measure 1945 and of the Incumbents (Discipline) Measure 1947” there shall be substituted the words “ Ecclesiastical Jurisdiction Measure 1963 and of the Incumbents (Vacation of Benefices) Measure 1977 ”;

(b)for the words “Church Commissioners” there shall be substituted the words “ London Diocesan Fund ”;

(c)in the proviso for the words “Incumbents (Discipline) Measure 1947” there shall be substituted the words “ Ecclesiastical Jurisdiction Measure 1963 ” and for the words “paragraph (iii) of section 16” there shall be substituted the words “ section 71(4) ”.

Marginal Citations

M115 & 16 Geo. 6 and 1 Eliz. 2 c.xxxviii.

4 Amendment of Diocesan Stipends Funds Measure 1953.E

The M2Diocesan Stipends Funds Measure 1953 shall have effect subject to the amendments specified in Schedule 2 to this Measure.

Marginal Citations

5 Amendment of Church Property (Miscellaneous Provisions) Measure 1960.E

The M3Church Property (Miscellaneous Provisions) Measure 1960 shall have effect subject to the amendments specified in Schedule 3 to this Measure.

Marginal Citations

M38 &9 Eliz. 2 No. 1.

6 Amendments of Cathedrals Measure 1963.E

In section 39 of the M4Cathedrals Measure 1963 for the words “Church Commissioners” there shall be substituted the words “ diocesan board of finance ”.

Marginal Citations

7 Amendment of Repair of Benefice Buildings Measure 1972.E

The Repair of M5Benefice Buildings Measure 1972 shall have effect subject to the amendments specified in Schedule 4 to this Measure.

Marginal Citations

8 Amendment of Endowments and Glebe Measure 1976.E

The M6Endowments and Glebe Measure 1976 shall have effect subject to the amendments specified in Schedule 5 to this Measure.

Marginal Citations

9 Amendment of Incumbents (Vacation of Benefices) Measure 1977.E

In Schedule 2 to the M7Incumbents (Vacation of Benefices) Measure 1977—

(a)in paragraph 2(4) for the words “Church Commissioners” there shall be substituted the words “ Church of England Pensions Board ”;

(b)in paragraph 7 for the words from “agreed” to “and” there shall be substituted the words “ determined by ”;

(c)in paragraph 8(1) in the definition of “national minimum stipend” the words “Church Commissioners as the” shall be omitted.

Marginal Citations

F310 Amendment of Pastoral Measure 1983.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F411 Amendment of Charities Act 1993.E

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Textual Amendments

Part IIE Other provisions

12 Provisions relating to rural deans.E

(1)Where a rural deanery is vacant or a rural dean 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 rural deanery is may appoint by an instrument under his hand another person to perform any or all of the rural dean’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 and by the division among them, whether territorially or otherwise, of the 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)The bishop of a diocese may by order declare that the office of rural dean shall, in any deanery in that diocese, be called the office of area dean; and, accordingly, in any enactment (including this section), Canon or other instrument references to a rural dean shall be construed as including references to an area dean.

F513 Amendment of Consecration of Churchyards Act 1867.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 Amendment of Church Funds Investment Measure 1958.E

(1)In the M8Church Funds Investment Measure 1958 the Scheme contained in the Schedule shall be amended as follows.

(2)In paragraph 1 after the definition of “Contributing Fund” there shall be inserted the following definition—

Deposit Fund Reserve” has the meaning ascribed thereto in paragraph 22A hereof;.

(3)In paragraph 20(2) at the end there shall be inserted the words “Provided that the Central Board shall not be liable to make good any loss incurred in the course of administering the Fund in a reasonable manner in the event that depositors cannot be repaid in full”.

(4)In paragraph 21(1) the words from “(c)” to “trust funds;” shall be omitted.

(5)After paragraph 22 there shall be inserted the following paragraph—

22A(1)For any Deposit Fund the Central Board may keep a separate account (referred to herein as a Deposit Fund Reserve) containing such moneys as the Board may allocate thereto out of the income of the investment of the Fund, for the purpose of preventing or reducing potential losses in the Fund or of augmenting the rate of interest paid to depositors.

(2)Until the expiry of the period of five years following the coming into force of section 14(5) of the Church of England (Miscellaneous Provisions) Measure 2000 or of such further period or periods following that period of five years as the General Synod may by resolution direct, paragraph 21 of this Scheme shall apply in relation to Deposit Fund Reserves in like manner as it applies to Deposit Funds, with the insertion at the end of sub-paragraph (1) of the words “(g) Upon loan to the Archbishops’ Council.”.

Marginal Citations

F615 Amendment of Ecclesiastical Jurisdiction Measure 1963.E

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F716 Amendment of Ecclesiastical Fees Measure 1986.E

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17 Amendment of Patronage (Benefices) Measure 1986.E

In section 3 of the M9Patronage (Benefices) Measure 1986—

(a)in subsection (8) at the end there shall be inserted the words “unless the benefice is one to which a suspension period (within the meaning of section 67 of the Pastoral Measure 1983) applies and a person holds office as priest in charge for the benefice”;

(b)in subsection (9) after the word “but” there shall be inserted the words “ except in subsection (6) ”.

Marginal Citations

F818 Amendment of Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8S. 18 repealed (1.9.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 7; 2008 No. 1, Instrument made by Archbishops

Part IIIE General

19 Transitional provisions.E

The transitional provisions set out in Schedule 7 to this Measure shall have effect for the purpose of the transfer of functions of the Church Commissioners under, or by virtue of any amendment made by, Part I of this Measure.

20 Repeals.E

The enactments mentioned in Schedule 8 to this Measure are hereby repealed to the extent specified in the third column of that Schedule (those mentioned in Part I of that Schedule being enactments which are no longer of practical utility).

21 Extent.E

(1)This Measure shall extend to the provinces of Canterbury and York except that it shall only extend to the Isle of Man and the Channel Islands in accordance with the following provisions of this section.

(2)Section 13 above and this section shall extend to the Isle of Man; and if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, section 9, 10, 12, 15, 17 and 19 of, and Schedules 6 to 8 to, this Measure shall extend to the Isle of Man subject to such exceptions, adaptations and modifications as may be specified in the Act of Tynwald or instrument.

(3)This Measure 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 these Measures.

22 Citation, commencement and interpretation.E

(1)This Measure may be cited as the Church of England (Miscellaneous Provisions) Measure 2000.

(2)This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint, and different days may be appointed for different provisions.

(3)In this Measure “function” includes powers and duties.

SCHEDULES

Section 2.

F9SCHEDULE 1E Amendment of Parsonages Measure 1938

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Textual Amendments

Section 4.

SCHEDULE 2E Amendment of M10Diocesan Stipends Funds Measure 1953

Marginal Citations

1The Diocesan Stipends Funds Measure 1953 shall be amended as follows.

2For section 1 there shall be substituted the following section—

1 Capital and income accounts of diocesan stipends funds.

The diocesan board of finance of each diocese shall keep two accounts for the diocesan stipends fund, namely, a capital account and income account..

3In section 2—

(a)for the words “Commissioners shall after the appointed day” there shall be substituted the words “ diocesan board of finance of each diocese shall ”;

(b)in sub-paragraph (a)—

(i)for the word “each” there shall be substituted the word “ the ”;

(ii)sub-paragraph (i) shall be omitted;

(iii)in sub-paragraph (ii) for the words from “subsection (1) of section 30” to “1949” there shall be substituted the words “ a pastoral scheme made under the Pastoral Measure 1983 or any other scheme having effect as if it were such a scheme ”;

(iv)in sub-paragraph (iii) for the words from “Commissioners” to “finance” there shall be substituted the words “ diocesan board of finance after consultation with the bishop ”;

(v)in sub-paragraph (iv) for the words from “Commissioners” to “decide” there shall be substituted the words “ diocesan board of finance decides ”;

(c)in paragraph (b)—

(i)for the word “each” there shall be substituted the word “ the ”;

(ii)sub-paragraphs (i) and (iv) shall be omitted;

(iii)in sub-paragraph (ii) for the words from “subsection (1) of section thirty” to “1949” there shall be substituted the words “ a pastoral scheme made under the Pastoral Measure 1983 or any other scheme having effect as if it were such a scheme ”;

(iv)in sub-paragraph (v) for the words from “Commissioners” to “finance” there shall be substituted the words “ diocesan board of finance after consultation with the bishop ”.

4In section 4(1)—

(a)for the words from “Commissioners” to “finance” there shall be substituted the words “ diocesan board of finance with the concurrence of the bishop ”;

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 2 para. 4(b) repealed (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 6; 2006 No. 2, Instrument made by Archbishops

5In section 5—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (4) for the word “Commissioners” there shall be substituted the words “ Archbishops’ Council ”.

Textual Amendments

F11Sch. 2 para. 5(a) repealed (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 6; 2006 No. 2, Instrument made by Archbishops

Commencement Information

I1Sch. 2 para. 5 not in force at Royal Assent see. s. 22(2); Sch. 2 para. 5(b) in force at (1.1.2001) by Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 2 para. 6 repealed (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 5; 2005 No. 2, Instrument made by Archbishops

Section 5.

SCHEDULE 3E Amendment of Church Property (Miscellaneous Provisions) Measure 1960

1The M11Church Property (Miscellaneous Provisions) Measure 1960 shall be amended as follows.

Marginal Citations

M118 &9 Eliz. 2. No. 1.

F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7In section 17 for the word “Commissioners” there shall be substituted the words “ Archbishops’ Council ”.

F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7.

SCHEDULE 4E Amendment of M12Repair of Benefice Buildings Measure 1972

Marginal Citations

1The Repair of Benefice Buildings Measure 1972 shall be amended as follows.

2In section 2(3) for the words “section 32 of the Town and Country Planning Act 1962” there shall be substituted the words “ section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ”.

3In section 12(1) the words from “and approved by” to the end shall be omitted.

4In section 14(1) for the words from “have agreed” to “demolished” there shall be substituted the words “ that the Commissioners are satisfied that any objection raised under section 3(1) of the Parsonages Measure 1938 ought not to prevent any such sale, exchange or demolition ”.

5In section 15(1)(b) the words “or section 31 of the Pastoral Measure 1968” shall be omitted.

6In section 16(1) paragraph (e) shall be omitted.

F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 4 para. 7 repealed (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 5; 2005 No. 2, Instrument made by Archbishops

8In section 19 for subsection (4) there shall be substituted the following subsection—

(4)Any moneys received by the Board under any insurance policy effected under this Measure, so far as they are not applied for the purposes mentioned in section 12(3) of this Measure or to meet any liability covered by the policy, and any net proceeds of the demolition under this Measure of any outbuildings of a parsonage house, shall be held by the Board as if they were moneys arising from a sale of the parsonage house, under the Acts and Measures relating to such sales, and may be applied accordingly..

9In section 20(6) the words “paid to the Commissioners and” shall be omitted.

10In section 21(1) the words “consulted the registered patron, and” shall be omitted and at the end there shall be inserted the following subsection—

(4)Before making additions or alterations to the buildings of a parsonage house the incumbent shall consult the registered patron (as defined in section 39(1) of the Patronage (Benefices) Measure 1986), if any, of the benefice and, in the case of a parsonage house which is occupied by a person who is a member of the team in a team ministry established by a pastoral scheme under the Pastoral Measure 1983 and not by the incumbent, that person also..

11In section 27(3) for the words “section 26 of the Interpretation Act 1889” there shall be substituted the words “ section 7 of the Interpretation Act 1978 ”.

12In section 30 for subsection (1) there shall be substituted the following subsection—

(1)A copy of any scheme made by a diocesan synod under this Measure shall be sent to the Commissioners and filed in the diocesan registry..

Section 8.

SCHEDULE 5E Amendment of Endowments and Glebe Measure 1976

1The M13Endowments and Glebe Measure 1976 shall be amended as follows.

Marginal Citations

2In section 11—

(a)in subsection (2) the words “, on or after the appointed day” shall be omitted and for the words “Commissioners” there shall be substituted the words “ Diocesan Board of Finance of the appropriate diocese ”;

(b)in subsection (3) after the word “Commissioners” there shall be inserted the words “ and any Diocesan Board of Finance qualified to benefit from the trust in question ”;

(c)for subsection (5) there shall be substituted the following subsection—

(5)The Diocesan Board of Finance shall allocate to the capital account of its diocesan stipends fund any property which is transferred to it under subsection (2) above..

F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13In section 45(1)—

F18(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the definition of “pastoral scheme” for the words “Pastoral Measure 1968” there shall be substituted the words “ Pastoral Measure 1983 ” and for the words “section 12” there shall be substituted the words “ section 13 ”;

F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10.

F20SCHEDULE 6E Amendment of Pastoral Measure 1983

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Textual Amendments

Section 19.

SCHEDULE 7E Transitional provisions

1Any statutory provision and any other instrument or contract in force immediately before the appointed day shall have effect for the purpose, or in consequence of the transfer of any function of the Church Commissioners by virtue of Part I of this Measure as if any reference therein to the Church Commissioners were a reference to the transferee body.

2The provisions of Part I of this Measure shall not affect the validity of anything done by or in relation to the Church Commissioners before the appointed day; and anything (including legal proceedings) which on that day is in process of being done by or in relation to the Church Commissioners in connection with a function transferred by virtue of Part I of this Measure may be continued by or in relation to the transferee body.

3Anything done by the Church Commissioners for the purpose of or in connection with a function transferred by virtue of Part I of this Measure which is in force immediately before the appointed day shall have effect so far as required for continuing its effect, on or after that day, as if done by the transferee body.

Section 20.

SCHEDULE 8E Repeals

Part IE Enactments no longer of practical utility

Chapter or numberShort TitleExtent of repeal
3 & 4 Vict. c. 113.Ecclesiastical Commissioners Act 1840.In section 67, the words “, by the authority hereinafter provided,” and “, by the like authority,”.
5 & 6 Vict. c. 108.Ecclesiastical Leasing Act 1842.Section 29.
25 Geo. 5 and 1 Edw. 8 c. 43.Tithe Act 1936Section 38.
Schedule 8.
1940 No. 3.Ecclesiastical Dilapidations (Chancel Repairs) Measure 1940.The whole Measure.
6 & 7 Eliz.2. No. 2.Church Schools (Assistance by Church Commissioners) Measure 1958.The whole Measure.
8 & Eliz. 2 No. 1.Church Property (Miscellaneous Provisions) Measure 1960.Section 12.
Section 16.
Section 21.
1953 No. 2.Diocesan Stipends Funds Measure 1953.In section 2 the words “Subject to the provisions of section three of this Measure”.
Section 3.
1972 No. 2.Repair of Benefice Buildings Measure 1972.In section 18, subsection (4).
1976 No. 4.Endowments and Glebe Measure 1976.Section 17.
In section 20, subsection (2).
Section 21.
Section 28.
In section 35A, subsection (3).
Section 37.
1978 No. 3.Church of England (Miscellaneous Provisions) Measure 1978.Section 5.
1983 No. 1.Pastoral Measure 1983.In section 77, subsection (2). In Schedule 3, paragraph 10.
1986 No. 2.Ecclesiastical Fees Measure 1986.In section 4, subsection (2).

Part IIE Other enactments

ChapterShort titleExtent of repeal
1 & 2 Geo. 6 No. 3.Parsonages Measure 1938.In section 1, in subsection (3) paragraph (i).
In section 3, subsection (3).
In section 5, paragraph (v) of subsection (1).
1976 No. 4.Endowments and Glebe Measure 1976.In section 26, subsection (2).
Section 42.
Schedule 3.
1983 No. 1.Pastoral Measure 1983.In section 78, subsections (4) and (5).
1986 No. 3.Patronage (Benefices) Measure 1986.In section 34, subsection (6).