Ecclesiastical Offices (Terms of Service) Measure 2009

Section 11(4)

SCHEDULE 2 Amendment of Enactments

The Deaconesses and Lay Ministry Measure 1972

1 In section 1A(b) of the Deaconesses and Lay Ministry Measure 1972 (1972 No. 4) there shall be inserted at the beginning the words “in the case of any such person who is not subject to Common Tenure,”.

The Pastoral Measure 1983

2 The Pastoral Measure 1983 (1983 No. 1) shall be amended as follows.

3 In section 3 as it has effect by virtue of section 25 of the Dioceses, Pastoral and Mission Measure 2007 (2007 No. 1)—

(a) in subsection (2) for the words “subsection (3)” there shall be substituted the words “subsections (3) and (3A)”;

(b) after subsection (3) there shall be inserted the following subsection—

“(3A) Where any recommendations, proposals, draft scheme or order relates to any person holding office under Common Tenure whose office would or might be abolished if they or it took effect and any such person is entitled to receive a stipend or other emoluments of office, including any provision of accommodation, that person shall be deemed to be an interested party for the purposes of this Part”; and

(c) in subsection (5), after the words “team ministry” there shall be inserted the words “or a person referred to in subsection (3A)” and for the words “incumbent or vicar” there shall be substituted the words “such person”.

4 In section 20—

(a) in subsection (2), after the words “team ministry” there shall be inserted the words “who is not subject to common tenure”;

(b) subsection (3) shall cease to have effect;

(c) subsection (3A) shall cease to have effect;

(d) in subsection (3B) for the words from the beginning to the words “authorised as aforesaid” there shall be substituted the words “No person shall be authorised under subsection (1)(b) by licence of the bishop to serve in a team ministry as a member of the team”; and

(e) subsection (6) shall cease to have effect.

5 (1) In section 22(1) the words after the word “vicars” in paragraph (a) and paragraphs (c) and (cc) shall be omitted.

(2) Section 22(3) shall cease to have effect.

6 In section 26(1) for the words “vicars in team ministries and archdeacons” there shall be substituted the words “archdeacons and the holders of any other ecclesiastical offices who are subject to “Common Tenure””.

7 In section 37(1) paragraph (e)(iii) and the words “rector or” and “or (c)” in paragraph (e)(iv) shall be omitted.

8 In paragraph 7(1) of Schedule 3, in Proviso (b), for the word “provost” there shall be substituted the word “dean”.

9 Schedule 4 shall be amended as follows.

10 In paragraph 1, for the words “and the holder of an office of vicar in a team ministry” there shall be substituted the words “and the holder of any other ecclesiastical office who is subject to Common Tenure”.

11 Paragraphs 2 and 3 shall cease to have effect.

12 In paragraph 4, for the words “or a vicar in a team ministry” there shall be substituted the words “or the holder of any other ecclesiastical office who is subject to Common Tenure”.

13 In paragraph 5, for the words “or vicar”, in both places where they occur, there shall be substituted the words “or office holder”.

14 In paragraph 11(c), there shall be added at the end the words “or, following a complaint under the Clergy Discipline Measure 2003, has had imposed on him or her a penalty of removal from office, prohibition for life or for a limited period or revocation of his or her licence or has resigned”.

15 In paragraph 13(1)(a) the words after “paragraph 11” to “have ended,” shall be omitted.

16 In paragraph 15(1)—

(a) in sub-paragraph (b) for the word “four” there shall be substituted the word “three”, and

(b) in sub-paragraph (c), for the words “two persons” there shall be substituted the words “one person”.

17 In paragraph 16—

(a) in sub-paragraph (1), for the words “The Commissioners” there shall be substituted the words “The Rule Committee established by section 25 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1)”, and

(b) sub-paragraph (2) shall cease to have effect.

18 In paragraph 18, the words “after consultation with the Commissioners” shall be omitted.

The Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988

19 In section 7(1) of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (1988 No. 1), for the words “ministers, deaconesses, lay workers and readers” there shall be substituted the words “deaconesses, lay workers and readers who are not subject to common tenure”.

The Care of Churches and Ecclesiastical Jurisdiction Measure 1991

20 The Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1) shall be amended as follows.

21 In section 25—

(a) in subsection (1) for the word “six” there shall be substituted the word “eight”, and

(b) in subsection (2) there shall be added, at the end, the following paragraph—

“(d) for the purpose of making rules relating to the procedure to be followed in connection with the determination of rights to compensation under Schedule 4 to the Pastoral Measure 1983 (1983 No. 1) and in other proceedings under that Schedule—

(i) one person nominated by the Archbishops' Council, and

(ii) one person nominated by the Church of England Pensions Board.”.

22 In section 26(1) there shall be added, at the end, the following paragraph—

“(f) Schedule 4 to the Pastoral Measure 1983.”.