Modifications etc. (not altering text)
C1Pt. IV (ss. 35–50) extended by Deacons (Ordination of Women) Measure 1986 (No. 4, SIF 21:5), s. 3(1)
(1)Subject to the provisions of this Measure, if any question arises:—
(a)whether any clerk [F1deaconess or licensed lay worker] is performing or has performed pensionable service,
(b)as to the length of the qualifying period of pensionable service performed by any [F2scheme member] or the date on which the qualifying period terminated,
(c)whether a [F2scheme member] satisfies any other conditions laid down for receipt of a pension under Part I of this Measure or the terms and conditions upon which his pension is granted or agreed to be paid,
(d)whether a [F2scheme member] has retired or on what date he retired,
(e)as to the rate at which a pension is to be paid and whether any deductions are to be made therefrom in respect of arrears of contributions,
(f)as to the right of a [F2scheme member] to a repayment of any contributions paid by him, or
(g)as to the rights of a widow [F3widower[F4, surviving civil partner,]], child or dependant of a [F2scheme member], or of the [F2scheme member] himself, under Part II of this Measure (including the question whether any person is a dependant of a [F2scheme member]),
it shall be decided by the Board at a meeting specially convened for that purpose.
(2)Before giving a decision under this section the Board shall give the [F2scheme member] or other person concerned, or his agent, an opportunity of being heard.
(3)Any person aggrieved by a decision of the Board under this section, may, within such limits of time and in such manner as may be laid down by Rules of Court, appeal from that decision to the High Court, and the decision of that Court on any such appeal shall be final.
(4)[F5Part I of the Arbitration Act 1996] shall not apply to any proceedings under this section.
Textual Amendments
F1Words inserted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 18(1), Sch. 2 para. 16(a)
F2Words substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 18(1), Sch. 2 para. 16(b)
F3Word inserted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 18(1), Sch. 2 para. 16(c)
F4Words in s. 38(1)(g) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1(1), 81(5)
F5Words in s. 38(4) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 15 (with s. 81(2)) ; S.I. 1996/3146, arts. 3, 4 (with Sch. 2).
Modifications etc. (not altering text)
C2S. 38 amended by Clergy Pensions (Amendment) Measure 1972 (No. 5, SIF 21:5), s. 6(3)