Church of England (Miscellaneous Provisions) Measure 2014

8 Amendment of Overseas and Other Clergy (Ministry and Ordination) Measure 1967

(1) The Overseas and Other Clergy (Ministry and Ordination) Measure 1967 (No. 3) is amended as follows.

(2) In section 1—

(a) in subsection (4), after the word “permission” there are inserted the words “or any instrument under subsection (5A) revoking a permission”;

(b) after subsection (5) there is inserted the following subsection—

“(5A) The Archbishop of the same province may, if he considers that there is any cause which appears to him to be good and reasonable, revoke, in writing, a permission granted to an overseas clergyman under this section, unless—

(a) the clergyman is a freehold incumbent or, at that time, holds office under Common Tenure, or

(b) the matter which constitutes a good and reasonable cause is a matter for which a censure of deprivation under section 49(1)(a) of the Ecclesiastical Jurisdiction Measure 1963 or a penalty under section 24(1)(a), (c) or (d) of the Clergy Discipline Measure 2003 or a penalty of removal from office or prohibition for life under section 30 or 31 of that Measure could be, but has not been, imposed.”.

(3) After section 1 there is added the following section—

“1A General permission to overseas clergymen to officiate

(1) Without prejudice to section 1 of this Measure, the Archbishop of either province may, by an instrument in writing, grant, in accordance with the following provisions of this section, a general permission to overseas clergymen to officiate as priest or deacon in that province.

(2) A permission granted under this section shall specify—

(a) the class or description of overseas clergymen to which it relates,

(b) the functions, or class or description of functions, which any clergyman may exercise in accordance with the permission, and

(c) the duration of the permission.

(3) A permission granted under this section may be for an indefinite period or for such period as is specified in the permission and, where it is granted for a limited period, may be extended by a further permission, either for an indefinite or for a limited period.

(4) A clergyman may not, in accordance with any permission granted under this section, solemnize or publish the banns of a marriage.

(5) The Archbishop of either province may, at any time, amend or revoke a permission granted by him under this section by a further instrument in writing.

(6) No overseas clergyman may hold office under Common Tenure, unless he has a permission to officiate under section 1 of this Measure.

(7) Subject to subsections (4) and (6) of this section, a clergyman who officiates under a permission granted under this section shall, when exercising any function to which the permission relates,—

(a) be in the same position as if he had been granted permission to officiate under section 1 of this Measure, and

(b) for the duration of the permission, possess the same rights and advantages, and be subject to all such duties and liabilities, as he would have possessed and been subject to if he had been ordained by a bishop in a diocese in the province of Canterbury or York (otherwise than under section 5 of this Measure).

(8) Section 1(4) of this Measure shall apply to a permission granted under this section or an instrument amending or revoking such a permission as it applies to a permission granted or any instrument revoking a permission under that section and the reference in section 1(6) to a permission granted under that section shall include a reference to a permission granted under this section.”.