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Church Property Measure 2018

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15Rules

(1)The power to make rules under this Part is exercisable by the Church Commissioners.

(2)Provision must be made by rules for carrying this Part into effect.

(3)The rules must include provision for the giving of notice—

(a)where the registered patron of a benefice is subject to an incapacity;

(b)where, in the case of any given benefice, there is a difficulty in determining who the registered patron is;

(c)where for some other reason it is not practicable for notice to be given to the registered patron personally.

(4)The rules must include provision for the Church Commissioners, in an urgent case and with the consent of the registered patron and the PCC, to give a direction to dispense with—

(a)a requirement to give a notice under this Part;

(b)consideration of objections or other proceedings consequent on the giving of a notice under this Part.

(5)Rules under this Part—

(a)must be laid before the General Synod, and

(b)may not come into force unless a draft of the instrument containing the rules has been approved by the Synod, whether with or without amendment.

(6)If the Business Committee of the General Synod decides that the Synod does not need to debate a draft of rules under this Part, the draft is deemed to be approved by the Synod without amendment unless notice is given by a member of the Synod in accordance with its Standing Orders that—

(a)the member wishes the draft rules to be debated, or

(b)the member wishes to move an amendment to the draft rules.

(7)The power to make rules under this Part is exercisable by statutory instrument; and for that purpose the Statutory Instruments Act 1946 applies—

(a)as if the rules had been made when the draft was approved by the Synod, and

(b)as if this Measure were an Act of Parliament providing for the instrument containing the rules to be subject to annulment in pursuance of a resolution of either House of Parliament.

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