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Church Representation and Ministers Measure 2019

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Section 1(4)

SCHEDULE 3Church Representation Rules: transitional provisions and savings

References to the Rules in other enactments, documents etc.

1A reference, express or implied, in the New Rules, another enactment or an instrument or document, to a provision of the New Rules is, subject to its context, to be read as being or including a reference to the corresponding provision of the Old Rules, in relation to times, circumstances or purposes in relation to which that provision of the Old Rules had effect.

2A reference, express or implied, in an enactment, instrument or document to a provision of the Old Rules is, subject to its context, to be read as being or including a reference to the corresponding provision of the New Rules, in relation to times, circumstances or purposes in relation to which that provision of the New Rules has effect.

Bodies, members, elections etc.

3(1)A joint council, team council or group council in existence under a scheme under Rule 19, 20 or 21 of the Old Rules (“the Old Scheme”) immediately before the commencement of the New Rules is to continue to exist as if that Rule (and such other provisions of the Old Rules as are necessary for that purpose) were still in force.

(2)Where a scheme is made under Rule M37 of the New Rules (“the New Scheme”) which applies to a parish to which Rule 19, 20 or 21 of the Old Rules applies by virtue of sub-paragraph (1), the Old Scheme is revoked, and the body established under it ceases to exist, on the coming into operation of the New Scheme, subject to such supplemental, transitional or saving provision as the New Scheme includes.

4Any other body in existence under or by virtue of the Old Rules immediately before the commencement of the New Rules is to be treated as having been constituted under the New Rules.

5(1)A team council, group council or joint parochial church council established by virtue of Schedule 3 to the Mission and Pastoral Measure 2011 and in existence immediately before the commencement of the amendments to that Schedule by Schedule 2 to this Measure is to continue to exist until the end of the period provided for under paragraph 4(5) or 11(2) of that Schedule, with that Schedule continuing to apply to the council as if those amendments had not been made.

(2)Where a scheme is made under Rule M37 of the New Rules which applies to a parish for which a team council, group council or joint parochial church council continues to be established by virtue of sub-paragraph (1), the scheme under which that body was established is revoked, and the body ceases to exist, on the coming into operation of the scheme under Rule M37, subject to such supplemental, transitional or saving provision as that scheme includes.

6Any rules or standing orders having effect under the Old Rules immediately before the commencement of the New Rules continue to have effect after that commencement as if made under the corresponding provision of the New Rules.

7(1)The substitution of the Old Rules by the New Rules does not affect the term of office of any person holding office under the Old Rules immediately before the commencement of the New Rules.

(2)A nomination having effect under the Old Rules immediately before that commencement continues to be effective after that commencement as if made under the corresponding provision of the New Rules.

8A provision of the Old Rules, in so far as it provides for a matter which may be made in rules under Rule 56 or 59 of the New Rules (elections to House of Laity of General Synod), continues to have effect until the first rules under Rule 56 or 59 (as the case may be) which provide for that matter come into force.

9Any scheme in operation, or other thing having effect, under or for the purposes of or in reliance on a provision of the Old Rules immediately before the commencement of the New Rules (other than a scheme under Rule 19, 20 or 21 of the Old Rules, as to which see paragraph 3 above) continues to be effective after that commencement as if made or done under or for the purposes of or in reliance on the corresponding provision of the New Rules.

Previous transitionals and savings

10The substitution of the Old Rules by the New Rules does not affect the operation of a transitional provision or saving relating to the commencement of a provision of the Old Rules, the effect of which is restated in the New Rules, so far as the transitional provision or saving is not specifically reproduced in the New Rules but is capable of having effect in relation to the corresponding provision of the New Rules or otherwise.

Use of existing forms etc.

11A reference to a provision of the Old Rules which is contained in a form or other document made, served, granted or issued after the commencement of the New Rules is, subject to its context, to be read as being or including a reference to the corresponding provision of the New Rules.

Meaning of “Old Rules” and “New Rules”

12(1)A reference in this Schedule to the Old Rules is a reference to the Church Representation Rules as set out in Schedule 3 to the Synodical Government Measure 1969 in the form it took immediately before the commencement of the New Rules.

(2)A reference in this Schedule to the New Rules is a reference to the Church Representation Rules as set out in the Schedule 3 to the Synodical Government Measure 1969 contained in Schedule 1 to this Measure.

Supplementary

13Paragraphs 1 to 9 have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Schedule affects any other provision of that Act.

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