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Churchwardens Measure 2001

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Commencement Orders yet to be applied to the Churchwardens Measure 2001

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Measure you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Measure into force:

1 Number and qualifications of churchwardensE

(1)Subject to the provisions of this Measure there shall be two churchwardens of every parish.

(2)(a)Where by virtue of a designation made by a pastoral scheme or otherwise a parish has more than one parish church, two churchwardens shall be appointed for each of the parish churches, and this Measure 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.

(b)A church building or part of a building designated as a parish centre of worship under section 29(2) of the Pastoral Measure 1983 (1983 No. 1) shall, subject to subsection (4) of that section, be deemed while the designation is in force to be a parish church for the purposes of this subsection.

(3)The churchwardens of every parish shall be chosen from persons who have been baptised and—

(a)whose names are on the church electoral roll of the parish;

(b)who are actual communicants;

(c)who are twenty–one years of age or upwards; and

(d)who are not disqualified under section 2 or 3 below.

(4)If it appears to the bishop, in the case of any particular person who is not qualified by virtue of paragraph (a), (b) or (c) of subsection (3) above, that there are exceptional circumstances which justify a departure from the requirements of those paragraphs the bishop may permit that person to hold the office of churchwarden notwithstanding that those requirements are not met. Any such permission shall apply only to the period of office next following the date on which the permission is given.

(5)No person shall be chosen as churchwarden of a parish for any period of office unless he—

(a)has signified consent to serve as such; and

(b)has not signified consent to serve as such for the same period of office in any other parish (not being a related parish) or, if such consent has been signified and the meeting of the parishioners to elect churchwardens of that other parish has been held, was not chosen as churchwarden of that other parish.

In this subsection “related parish” means a parish—

(a)belonging to the benefice to which the first-mentioned parish belongs; or

(b)belonging to a benefice held in plurality with the benefice to which the first-mentioned parish belongs; or

(c)having the same minister as the first-mentioned parish.

(6)In relation to the filling of a casual vacancy among the churchwardens the reference in subsection (5)(b) above to the same period of office shall be construed as a reference to a period of office which includes the period for which the casual vacancy is to be filled.

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