Search Legislation

Church of England (Miscellaneous Provisions) Measure 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Church of England (Miscellaneous Provisions) Measure 2018, Section 6 is up to date with all changes known to be in force on or before 21 February 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

6Terms of serviceE

(1)In section 1 of the Ecclesiastical Offices (Age Limit) Measure 1975 (age limit for appointment to certain ecclesiastical offices), after subsection (3A) insert—

(3B)Neither subsection (1) nor subsection (3) shall apply to an office held under a contract of employment.

(2)In the Bishops (Retirement) Measure 1986, in section 1 (resignation of bishop), in subsection (2), after “sections 1(3) and 3 of the Ecclesiastical Offices (Age Limit) Measure 1975” insert “ or regulation 29A of the Ecclesiastical Offices (Terms of Service) Regulations 2009 ”.

(3)In section 2 of that Measure (retirement of bishop on reaching age-limit)—

(a)in subsection (1), after “section 3(1) of that Measure” insert “ or regulation 29A of the Ecclesiastical Offices (Terms of Service) Regulations 2009 ”,

(b)in subsection (2)(a), after “section 3(1) of the Ecclesiastical Offices (Age Limit) Measure 1975” insert “ or regulation 29A of the Ecclesiastical Offices (Terms of Service) Regulations 2009 ”, and

(c)in subsection (2)(b), after “that section” insert “ or regulation ”.

(4)For section 11 of the Church of England (Miscellaneous Provisions) Measure 1992 substitute—

11Resignation of incumbents

(1)Where the incumbent of a benefice wishes to tender resignation, it is not necessary to proceed by way of deed.

(2)An incumbent who does not hold office under common tenure may tender resignation by giving at least three months' written notice to that effect to the bishop of the diocese.

(3)The requirement to give notice under subsection (2) may be waived by agreement between the incumbent and the bishop.

(4)For the provision that applies in the case of an incumbent who holds office under common tenure, see section 3 of the Ecclesiastical Offices (Terms of Service) Measure 2009 (which requires the bishop to be given three months' written notice).

(5)In consequence of subsection (4), Schedule 2 to the Church of England (Miscellaneous Provisions) Measure 1992 (form for resignation by incumbent) is repealed.

(6)In section 1 of the Ecclesiastical Offices (Terms of Service) Measure 2009, after subsection (1) insert—

(1A)The reference in subsection (1)(h) to emoluments of office does not include a reference to fees which, pursuant to a decision of the Diocesan Board of Finance, have been paid to a deaconess, reader or lay worker in respect of a matter set out in Schedule A1 to the Ecclesiastical Fees Measure 1986.

(7)In section 2 of that Measure (regulations), after subsection (2) insert—

(2A)Regulations may provide for the exercise of a discretion.

(8)In section 3 of that Measure (duration of appointments), in subsection (3)(b), after “section 2 or 3 of that Measure” insert “ or in provision made by regulations under section 2 of this Measure ”.

(9)In regulation 5 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (S.I. 2009/2108) (note in statement of particulars), omit paragraph (3) (which relates to pensions and contracted-out employment).

(10)For regulation 23 of those Regulations substitute—

23Maternity, parental, adoption etc. leave and time off for carers

(1)An office holder is entitled to maternity, paternity, parental, adoption or shared parental leave for the same periods and subject to the same conditions as for the time being apply in the case of an employee under the Employment Rights Act 1996 or regulations made under it.

(2)Before exercising an entitlement under paragraph (1), an office holder must, in consultation with a responsible person or authority, use all reasonable endeavours to make arrangements for the duties of the office to be performed by one or more other persons during the period of leave.

(3)An office holder may request the appropriate authority to give him or her time off work or to make adjustments to the duties of the office to allow him or her to care for a dependant; and for this purpose, “the appropriate authority” is—

(a)unless the office holder holds office in a cathedral, the bishop of the diocese;

(b)if the office holder is the dean of a cathedral, the bishop of the diocese;

(c)if the office holder holds another office in a cathedral, the dean of the cathedral.

(4)A request under paragraph (3) must be in writing; and the Archbishops' Council may impose other conditions as to the manner in which the request is to be made, including as to the supply of information with the request.

(5)The appropriate authority must consider a request under paragraph (3); and when doing so in the case of an office holder who does not hold office in a cathedral, it must consult the parochial church council of each parish belonging to the benefice concerned.

(6)Where the appropriate authority decides to grant a request under paragraph (3), it may—

(a)give such time off work or make such adjustments to the duties of the office as appear to it to be reasonable, and

(b)impose reasonable conditions on the grant of the request, including appropriate variations in the stipend which would otherwise be payable to the office holder.

(7)In this regulation—

  • dependant”, in relation to an office-holder, means any person who would, if the office-holder were an employee for the purposes of the Employment Rights Act 1996, be a dependant within the meaning of section 57A of that Act, and

  • shared parental leave” means leave under section 75E or 75G of that Act.

(11)In consequence of subsection (10), the following are revoked—

(a)the Ecclesiastical Offices (Terms of Service) Directions 2010 (S.I. 2010/1923);

(b)the Ecclesiastical Offices (Terms of Service) (Amendment) Directions 2015 (S.I. 2015/1612).

(12)The amendments made by subsections (2), (3), (7) and (8) are to be treated as having always had effect.

(13)Section 2 of the Ecclesiastical Offices (Terms of Service) Measure 2009 is to be regarded as having always, until the commencement of subsections (10) and (11) of this section, enabled regulations under that section to confer power on the Archbishops' Council to make directions and to enable directions made under that power to provide for the exercise of a discretion.

(14)The amendment made by subsection (10) does not affect the power to make further regulations amending or revoking the provision made by that amendment.

(15)Section 13 of the Mission and Pastoral etc. (Amendment) Measure 2018 (which makes redundant provision about appointments after retirement age) is repealed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 6(2)(3)(7)(8)(12) in force at Royal Assent, see. s. 17(2)(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources