PART 3CARE OF CHURCHES ETC.
Interpretation
I155Interpretation of Part 3
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;
- a
“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 F1as “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;
- a
“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;
- a
“parish” means—
- a
an ecclesiastical parish, or
- b
a district which is constituted as a conventional district for the cure of souls;
- a
“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).