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Dioceses, Pastoral and Mission Measure 2007

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This is the original version (as it was originally enacted).

6Preparation of draft scheme by Commission

(1)In this section “interested parties”, in relation to any draft reorganisation scheme, means—

(a)the bishop of every diocese which would be affected by the implementing of such scheme and the archbishop of the province in which that diocese is situated;

(b)the diocesan synod of every such diocese;

(c)the bishop’s council and standing committee of every such diocesan synod;

(d)the Chapter of the cathedral of every diocese which would be affected by the implementing of such scheme;

(e)the Commissioners;

(f)where the implementing of such scheme would result in the transfer of a diocese from one province to the other, the archbishop of that other province;

(g)the Archbishops' Council;

(h)the Charity Commission;

(i)to the extent that the Commission thinks fit, such other persons or bodies, if any, as would be particularly affected by the implementing of such scheme.

(2)On receiving proposals submitted to it under section 5 of this Measure, the Commission shall, after consultation with the interested parties, first prepare a statement of the effect of the proposals, if implemented, on the mission of the Church of England and a detailed estimate of the financial effect of the proposals (“the financial estimate”) and shall then, as it thinks fit, either—

(a)prepare a draft scheme to give effect to the proposals with such amendments, if any, as the Commission thinks should be made therein; or

(b)if it considers that the objectives of the proposals can be better achieved without a scheme or for any other reason it considers that it would not be appropriate to make a scheme, report to the bishop of every diocese concerned that it has decided not to proceed with the preparation of such a scheme, giving the reasons for that decision.

(3)Where the Commission has not received proposals under section 5 above, the Commission may, after consulting the interested parties, prepare a draft reorganisation scheme and, if it does so, shall also prepare the statement referred to in subsection (2) above and, after first consulting the Commissioners, a financial estimate.

(4)Where the Commission decides to proceed under subsection (2)(a) or (3) above it shall send a copy of the draft scheme and of the statement referred to in subsection (2) above and the financial estimate to every interested party together with a notice stating that written representations with respect to the draft scheme may be made to the Commission not later than a date specified in the notice, being a date not less than three, nor more than six, months after the service of the notice and the Commission shall afford an opportunity to representatives of the diocesan synod of any diocese affected by the draft scheme to make oral representations to the Commission, whether or not that diocesan synod has made written representations.

(5)After considering any representations made to it under subsection (4) above the Commission shall, as it thinks fit, either proceed under subsection (6) below or report to the bishop of every diocese concerned that it has decided not to proceed further with the scheme in question, giving the reasons for that decision.

(6)Where the Commission decides to proceed under this subsection, it shall make such amendments, if any, to the draft scheme as it thinks fit as a result of such representations, and such amendments, if any, to the statement referred to in subsection (2) above and the financial estimate as, after consultation with the Commissioners in the case of the financial estimate, it thinks necessary, and shall then submit the draft scheme to the diocesan synod of every diocese which would be affected by the implementing of that scheme for its consent.

(7)A copy of the draft scheme and of a report thereon by the Commission shall be sent to every member of every such synod at least six weeks before the session at which the draft scheme is considered.

(8)The report referred to in subsection (7) above shall include the statement referred to in subsection (2) above and the financial estimate, as amended (if at all) under subsection (6) above, and a summary of any representations made to the Commission under subsection (4) above which the Commission thinks should be brought to the attention of the diocesan synod.

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