Church of England (Miscellaneous Provisions) Measure 2024

6 Delegation of episcopal functions

(1) After section 14 of the Dioceses, Pastoral and Mission Measure 2007 insert—

“14A Delegation of archbishop’s functions

(1) Either archbishop may by an instrument made under hand delegate to the other archbishop, or to such diocesan, suffragan or assistant bishop as may be specified in the instrument, the exercise of the archbishop’s functions at any time when the archbishop is unable to exercise them.

(2) An instrument under this section may not delegate a function which is capable of being delegated by an instrument under section 13 as a function which the archbishop has in the capacity as bishop of the diocese of Canterbury or, as the case may be, the diocese of York.

(3) Subsections (2) to (7) and (9) to (15) of section 13 apply to an instrument under this section as they apply to an instrument under that section; and for that purpose—

(a) a reference to the bishop, or to the diocese of the bishop, is to be read as a reference to the archbishop, or to the province of the archbishop, making the delegation,

(b) a reference to the suffragan bishop is to the archbishop or other bishop to whom the delegation is made,

(c) a reference to the registrar of the diocese is a reference to—

(i) the registrar of the province of the archbishop making the delegation, and

(ii) (if the delegation is to the other archbishop) the registrar of the other province or (if the delegation is to a diocesan, suffragan or assistant bishop) the registrar of the diocese concerned, and

(d) a reference to the diocesan registry is to be construed consistently with a reference to the registrar of the diocese (as to which, see paragraph (c)).”

(2) In section 13 of that Measure (delegation of certain functions of diocesan bishop to suffragan etc.), in subsection (1), omit the words from “except functions under any Canon” to the end.

(3) In section 14 of that Measure (discharge of certain functions of bishop), in subsection (1), omit the words from “and functions under any Canon” to the end.

(4) In section 16 of that Measure (legislation which confers functions on diocesan bishop), the existing text becomes subsection (1) and after that subsection insert—

“(2) Any Act, Measure or Canon which confers or imposes on an archbishop functions which by virtue of an instrument made under section 14A may be discharged by the other archbishop, or by the bishop specified in the instrument, has effect in the province subject to the provisions of the instrument for the time being in force, and references in that Act, Measure or Canon to the archbishop are to be construed accordingly.”

(5) In consequence of subsection (4), in the title to section 16 of that Measure, after “a diocesan bishop” insert “or an archbishop”.