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Part 3EProcedure for making pastoral schemes and pastoral orders other than pastoral church buildings schemes

Modified procedure for schemes and orders affecting more than one dioceseE

15Limited extension of diocesan proposals and schemes to other diocesesE

(1)The mission and pastoral committee of any diocese may include in recommendations made by them such recommendations affecting another diocese as are capable of implementation by the exercise of the powers specified in section 49 and such recommendations and a scheme or order to implement them may be proceeded with and made under and in accordance with the foregoing provisions of this Measure, subject to the following conditions—

(a)before ascertaining the views of any of the persons who would be interested parties as a result of the recommendations affecting the other diocese, the mission and pastoral committee shall obtain the consent of the bishop of that other diocese to the consideration of those recommendations and he shall, before giving his consent, consult the mission and pastoral committee of his diocese;

(b)the bishop of the first-mentioned diocese shall not take any action in relation to such recommendations under section 7(1) without the consent of the bishop of the other diocese.

(2)The powers conferred by subsection (1) may be used to include recommendations affecting more than one other diocese, and in that case the conditions specified in subsection (1) shall be complied with in relation to each of the other dioceses.

Commencement Information

I1S. 15 in force at 1.7.2012 by S.I. 2012/1, art. 2

16Joint boundary committeesE

(1)If it appears to the bishops of two or more dioceses that a committee should be constituted for the purpose of considering the boundaries of the dioceses concerned and the pastoral arrangements in the areas adjacent thereto and of making recommendations (if the committee so decide) the implementing of which would require the exercise of powers under section 50, then, if the Dioceses Commission gives its consent, they may by an instrument sealed by each of them provide for constituting a committee in accordance with subsection (2).

(2)The committee shall be known as the joint boundary committee for the dioceses concerned, and shall comprise an equal number of members not exceeding five from each diocese, together with a member of the Dioceses Commission nominated by that Commission and a chairman appointed by the bishops jointly, or, in default of their agreement, by the Commissioners; and the members from any diocese shall include the bishop if he so desires and shall otherwise be nominated by the mission and pastoral committee of the diocese concerned from among its members.

(3)Without prejudice to the provisions of section 19(3), the functions of the joint boundary committee, and the powers exercisable in pursuance of their proposals under section 50, may be limited by the instrument referred to in subsection (1) or any subsequent instrument sealed by the bishops of the dioceses concerned to a specified section or sections of the boundaries of the dioceses concerned or to a specified area or specified areas, or to the consideration of proposals or questions so specified relating to those boundaries or areas, but any such limitation may be revoked or varied by a subsequent instrument sealed by the bishops of the dioceses concerned.

(4)The instrument which provides for the establishment of a joint boundary committee may also make such provision as the bishops of the dioceses concerned think fit for the procedure of the committee and any such provision as is referred to in subsection (5) and, when deciding whether to make any such provision, and, if so, what provision, the bishops shall have regard to the provisions of Schedule 1.

(5)The provision referred to in subsection (4) is provision for paying the expenses of the joint boundary committee out of the diocesan pastoral accounts of the dioceses concerned.

(6)Any recommendations made by the joint boundary committee shall be made to the bishops of the dioceses concerned, and section 6 shall apply to any such recommendations and their formulation and submission in draft proposals in like manner as it applies to the recommendations and draft proposals of the mission and pastoral committee of a diocese, and the like proceedings may be taken on such proposals under sections 6 to 13 as may be taken on proposals formulated and submitted by a mission and pastoral committee, subject to the following modifications—

(a)anything required or authorised to be done by or to the bishop or registrar of the diocese shall be required or authorised to be done by or to the bishops or registrars of the dioceses concerned; and

(b)no action may be taken to prepare or implement such proposals by way of a draft order or orders.

(7)If it appears to the bishops of the dioceses concerned that the purposes for which a joint boundary committee was appointed have been sufficiently fulfilled, either by the making of a scheme or by a report or otherwise, or are unlikely to be fulfilled, they may by instrument sealed by them dissolve the committee.

Commencement Information

I2S. 16 in force at 1.7.2012 by S.I. 2012/1, art. 2