Ecclesiastical Offices (Terms of Service) Measure 2009

1 Common Tenure E

(1) Subject to the provisions of this section, this Measure shall apply to each of the following holders of ecclesiastical offices—

(a) the Archbishops of Canterbury and York;

(b) any diocesan bishop;

(c) any suffragan bishop;

(d) any dean, residentiary canon or other person in holy orders holding a stipendiary office in a cathedral [F1 other than the office under section 13(1) of the Cathedrals Measure 2021 (interim dean)] [F2 , and any lay residentiary canon of a cathedral];

(e) any archdeacon;

(f) any incumbent;

(g) any person in holy orders who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised issued under any Canon of the Church of England; and

(h) any deaconess, reader or lay worker who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised issued under any Canon of the Church of England and who receives a stipend or other emoluments of office (including the provision of accommodation) in respect of his or her office,

who—

(i) in the case of any such person as is referred to in paragraphs (a), (g) and (h) above, holds office on or is appointed to his or her office after the coming into force of this section,

(ii) in the case of any residentiary canon appointed for a term of years, holds office on the coming into force of this section, and

(iii) in the case of any other person referred to in this subsection, holds office on the coming into force of this section and has agreed to the application of this Measure to him or her in accordance with subsections (4) and (5) below or is appointed to his or her office after the coming into force of this section.

[F3 (1A) The reference in subsection (1)(h) to emoluments of office does not include a reference to fees which, pursuant to a decision of the Diocesan Board of Finance, have been paid to a deaconess, reader or lay worker in respect of a matter set out in Schedule A1 to the Ecclesiastical Fees Measure 1986.]

(2) Any person to whom this Measure applies shall hold his or her office in accordance with terms of service specified in Regulations.

(3) The terms of service under which persons to whom this Measure applies hold office shall be known as Common Tenure.

(4) As soon as practicable after the coming into force of this section—

(a) each archbishop shall notify, in writing, every diocesan bishop holding office in his province on that date, and

(b) each diocesan bishop shall notify, in writing, each suffragan bishop and every person referred to in subsection (1)(d) to (f) above (other than a person referred to in sub-paragraph (ii) of that subsection) holding office in his diocese on that date,

requesting him or her to indicate whether or not that person agrees to the application of this Measure to him or her and, if so, to make a declaration in writing to that effect.

(5) As soon as the archbishop or, as the case may be, the bishop has received a declaration in accordance with subsection (4) above this Measure shall, with immediate effect, apply to the person who made the declaration and that person shall be informed, in writing, accordingly.

Textual Amendments

F1 Words in s. 1(1)(d) inserted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), s. 13(2) (with ss. 42(4), 48, 52(1))

F2 Words in s. 1(1)(d) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 5

F3 S. 1(1A) inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 6(6), 17(3); S.I. 2019/67, art. 2(1)(e)

Commencement Information

I1 S. 1 in force at 31.1.2011 by S.I. 2010/8, art. 2