Mission and Pastoral Measure 2011

9 Notice and publication of draft schemes or orders E

(1) The mission and pastoral committee shall serve a copy of any draft scheme or order [F1 prepared by it under section 7(3)] on each of the interested parties and the Commissioners, together with a notice stating that written representations with respect thereto may be made to the Commissioners not later than a date specified in the notice, being a date not less than twenty-eight days after the service of the notice.

[F2 (1A) The Commissioners shall serve a copy of any draft scheme or order prepared by them under section 7(5) on each of the interested parties, together with such a notice as is mentioned in subsection (1).]

[F3 (1B) The Commissioners shall, in the case of every draft scheme or order, publish the draft online together with a notice stating the objects of the draft and that written representations may be made to the Commissioners not later than a date specified in the notice, being a date not less than twenty-eight days after such publication.]

(2) If a draft scheme is a scheme to which section 44 applies the mission and pastoral committee [F4 or the Commissioners (whichever of them prepared the draft scheme)] shall—

(a) also serve a copy thereof on the Commonwealth War Graves Commission; and

(b) publish in one or more newspapers circulating in the locality affected by the scheme a notice stating the objects of the draft scheme[F5 , specifying the address online at which the notice is published under subsection (1B)] and naming a place or places within the locality where a copy thereof may be inspected, and stating that written representations with respect to the draft scheme may be made to the Commissioners not later than a date specified in the notice, being [F6 the date specified for the purposes of subsection (1B)].

(3) The mission and pastoral committee shall, in the case of every draft scheme or order [F7 prepared by it, and the Commissioners shall, in the case of every draft scheme or order prepared by them], send copies of such a notice as is mentioned in subsection (2), but specifying a date not less than twenty-eight days after the sending of the notices to the secretary of the parochial church council of every parish affected by the draft scheme or order, and require him or her [F8 —

(a)] to affix a copy on or near the principal door of every church in the parish and every building licensed by the bishop for public worship in the parish (including any building referred to in section 80(13) or (14))[F9 ,

[F10 (b) to make such arrangements as are practicable, in the case of each of those churches or buildings at which one or more services are to be held in the period in which representations may be made in accordance with the notice, for announcements to be made at the service or, if there is more than one held there in that period, at as many of them as is practicable with a view to ensuring that as many of those who habitually attend public worship there as is practicable are aware of the contents of the notice.]]

[F11 (3A) A reference in subsection [F12 (3)(b)] to a service held at a church or building does not include a reference to any of the services known as occasional offices.]

(4) The Commissioners shall consider any written representations duly made with respect to any draft scheme or order and may, if they think fit, afford an opportunity to any person, whether he or she has made written representations or not, to make oral representations with respect to the draft scheme or order.

(5) The Commissioners may, before or after the end of the period within which written representations may be made under this section, extend that period, and any representations made within the period so extended shall be deemed to be duly made.

Textual Amendments

F1 Words in s. 9(1) substituted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(1), 14(3); S.I. 2018/722, art. 3(c)

F2 S. 9(1A) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(2), 14(3); S.I. 2018/722, art. 3(c)

F3 S. 9(1B) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(3), 14(3); S.I. 2018/722, art. 3(c) (with Sch. para. 1)

F4 Words in s. 9(2) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(4)(a), 14(3); S.I. 2018/722, art. 3(c)

F5 Words in s. 9(2)(b) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(4)(b), 14(3); S.I. 2018/722, art. 3(c) (with Sch. para. 1)

F6 Words in s. 9(2)(b) substituted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(4)(c), 14(3); S.I. 2018/722, art. 3(c)

F7 Words in s. 9(3) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(5)(a), 14(3); S.I. 2018/1032, art. 2

F8 Words in s. 9(3) renumbered as s. 9(3)(a) (1.3.2019) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(5)(b), 14(3); S.I. 2019/66, art. 2(a)

F9 S. 9(3)(b)(c) inserted (1.3.2019) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(5)(c), 14(3); S.I. 2019/66, art. 2(a)

F10 S. 9(3)(b) substituted for s. 9(3)(b)(c) (1.3.2019 immediately after the provisions of Church Measure 2018 No. 4 commenced by S.I. 2019/66, art. 2 come into force) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 15(1), 17(3); S.I. 2019/67, art. 2(1)(n)(2)

F11 S. 9(3A) inserted (1.3.2019) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 3(6), 14(3); S.I. 2019/66, art. 2(a)

F12 Word in s. 9(3A) substituted (16.3.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 15(1), 16(2)

Commencement Information

I1 S. 9 in force at 1.7.2012 by S.I. 2012/1, art. 2