Ecclesiastical Jurisdiction and Care of Churches Measure 2018

55 Interpretation of Part 3 E

(1) In this Part, unless otherwise indicated—

• “advisory committee” means—

  (a)

  in relation to a diocese, the Diocesan Advisory Committee of that diocese;

  (b)

  in relation to an archdeaconry, the Diocesan Advisory Committee of the diocese in which the archdeaconry is situated;

• “article” includes anything affixed to land or a building, and a reference to an article includes a reference to part of an article;

• “building” includes a structure or erection, and a reference to a building includes a reference to part of a building;

• “diocesan board of finance” has the same meaning [F1 as “DBF” in the Church Property Measure 2018 (see section 49 of that Measure)];

• “land” includes buildings but, subject to that, the definition of the word given in Schedule 1 to the Interpretation Act 1978 does not apply;

• “the list” means the list maintained under section 38;

• “minister”, in the case of a parish in which a special cure of souls has been assigned to a vicar in a team ministry by a scheme under the Mission and Pastoral Measure 2011 or by licence from the bishop, means that vicar;

• “minister”, in the case of a parish not of that description, means—

  (a)

  the incumbent of the benefice to which the parish belongs, or

  (b)

  a curate licensed to the charge of the parish or a minister acting as priest-in-charge of the parish, where rights of presentation are suspended;

• “national amenity society” means—

  (a)

  the Ancient Monuments Society,

  (b)

  the Council for British Archaeology,

  (c)

  the Georgian Group,

  (d)

  the Society for the Protection of Ancient Buildings,

  (e)

  the Victorian Society,

  (f)

  the Twentieth Century Society, or

  (g)

  such other group of persons as the Dean of the Arches and Auditor may from time to time designate as a national amenity society;

• “parish” means—

  (a)

  an ecclesiastical parish, or

  (b)

  a district which is constituted as a conventional district for the cure of souls;

• “place of worship” includes the curtilage of a place of worship.

(2) In the definition of “national amenity society” in subsection (1), the reference in each of paragraphs (a) to (f) to a named group of persons is a reference to the group of persons commonly known by that name, regardless of the form in which the group is for the time being constituted.

(3) In this Part, “church” means—

(a) a parish church,

(b) any other church or chapel which has been consecrated for the purpose of public worship according to the rites and ceremonies of the Church of England, and

(c) a building licensed for public worship according to the rites and ceremonies of the Church of England.

(4) In subsection (3)(a), “parish church” does not include a parish church which is a cathedral to which the Care of Cathedrals Measure 2011 applies.

(5) In subsection (3)(b), the reference to a church or chapel does not include a reference to—

(a) a cathedral church to which the Care of Cathedrals Measure 2011 applies,

(b) a church or chapel which is not subject to the jurisdiction of the bishop of a diocese, or

(c) the Cathedral Church of Christ in Oxford.

(6) In subsection (3)(c), the reference to a building licensed for public worship does not include a reference to a building—

(a) which is in a university, college, school, hospital or public or charitable institution but which has not been designated under section 43(2) of the Mission and Pastoral Measure 2011 as a parish centre of worship,

(b) which has been excluded from this Part by a direction of the bishop of the diocese with the approval of the advisory committee, or

(c) which is used solely for the purpose of religious services relating to burial or cremation.

(7) A notice, order or other document required by this Part to be served on or sent or given to a person may be served, sent or given by post, by delivering it to the person, or by leaving it at the person's proper address; and for that purpose and the purposes of section 7 of the Interpretation Act 1978, a person's proper address is that person's last known address.

(8) Nothing in this Part prejudices or affects the provisions of—

(a) the Ancient Monuments and Archaeological Areas Act 1979,

(b) the Town and Country Planning Act 1990,

(c) the Planning (Listed Buildings and Conservation Areas) Act 1990, or

(d) an instrument made under an Act referred to in paragraph (a), (b) or (c).

Textual Amendments

F1 Words in s. 55(1) substituted (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 30; S.I. 2019/97, art. 2

Commencement Information

I1 S. 55 in force at 1.9.2018 by S.I. 2018/720, art. 2