Church of England (Miscellaneous Provisions) Measure 2024

Final E

21 Orders: procedure E

(1) An order under section 7 (lay residentiary canons: consequential provision) or paragraph 10 of Schedule 2 (remote meetings) may not be made unless—

(a) a draft of the order has been laid before the General Synod and approved by it with or without amendment, and

(b) the draft so approved has been referred to the Archbishops’ Council.

(2) On referral of the draft under subsection (1)(b), the Archbishops’ Council must—

(a) if the draft was approved without amendment, make the order by applying its seal, or

(b) if the draft was approved with amendment—

(i) make the order by applying its seal, or

(ii) withdraw the draft for further consideration.

(3) An order under section 7 or paragraph 10 of Schedule 2 may not come into force unless it has been sealed by the Archbishops’ Council.

(4) If the Business Committee of the General Synod determines that a draft of an order under section 7 or paragraph 10 of Schedule 2 does not need to be debated by the Synod, the draft is to be treated as approved without amendment for the purposes of this section unless a member of the Synod gives notice in accordance with its Standing Orders that the member—

(a) wishes the draft order to be debated, or

(b) wishes to move an amendment to it.

(5) The power to make an order under section 7 or paragraph 10 of Schedule 2 is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies—

(a) as if the order had been made by a Minister of the Crown, and

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

Commencement Information

I1 S. 21 in force at 25.1.2024, see s. 22(2)(k)

22 Short title, commencement and extent E

(1) This Measure may be cited as the Church of England (Miscellaneous Provisions) Measure 2024.

(2) The following provisions of this Measure come into force on the day on which this Measure is passed—

(a) section 1 (General Synod remote meetings: indefinite application of special standing orders);

(b) section 2 (Legislative Reform Measure 2018: removal of sunset);

(c) section 3 (safeguarding code revisions: exceptions to requirement for Synod approval);

(d) section 5 (terms of service);

(e) section 6 (delegation of episcopal functions);

(f) section 8 (registered patron disqualified from election);

(g) section 17 (elections under Church Representation Rules);

(h) section 18 (Church Commissioners’ functions etc.);

(i) section 19 (Pension Board: appointments during vacancy in archbishopric);

(j) section 20 and Schedule 2 (meetings);

(k) section 21 (orders: procedure);

(l) this section.

(3) Section 7 and Schedule 1 (lay residentiary canons) come into force in relation to each cathedral to which the Cathedrals Measure 2021 applies—

(a) if the constitution and statutes have, when this Measure is passed, not taken effect in accordance with section 53 of that Measure, on the day on which they take effect;

(b) if the constitution and statutes have, when this Measure is passed, taken effect in accordance with that section, on the day on which this Measure is passed.

(4) The other provisions of this Measure come into force on such day as the Archbishops of Canterbury and York acting jointly may by order appoint; and different days may be appointed for different purposes.

(5) The Archbishops of Canterbury and York acting jointly may by order make transitional, transitory or saving provision in connection with the commencement of a provision of this Measure.

(6) Transitory provision under subsection (5) may, in particular, modify the application of a provision of this Measure pending the commencement of a provision of another Measure or a provision of an Act of Parliament.

(7) The power to make an order under this section is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament.

(8) This Measure extends to—

(a) the whole of the province of Canterbury, except the Channel Islands (subject to subsection (9)), and

(b) the whole of the province of York, except the Isle of Man (subject to subsections (10) to (12)).

(9) This Measure may be applied to the Channel Islands or either of them, with or without modifications, under any procedure for doing so which has effect in the Islands or (as the case may be) the Island in question; and for this purpose, the references to the Channel Islands or either of them have the same meaning as references to the Bailiwicks or either of them have in the Channel Islands Measure 2020.

(10) Sections 1, 2, 18 and 19 extend to the Isle of Man.

(11) Sections 5, 7 and 14 to 16, and paragraphs 5 and 6 of Schedule 2, do not extend to the Isle of Man.

(12) If an Act of Tynwald or an instrument made under an Act of Tynwald so provides, other provisions of this Measure extend to the Isle of Man subject to such exceptions, adaptations or modifications as are specified in the Act or instrument.

Commencement Information

I2 S. 22 in force at 25.1.2024, see s. 22(2)(l)