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The Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (Commencement, Transitional and Saving Provisions) Order 2015

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Statutory Instruments

2015 No. 593

Ecclesiastical Law, England

The Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (Commencement, Transitional and Saving Provisions) Order 2015

Made

9th March 2015

The Archbishops of Canterbury and York, in exercise of the powers conferred by section 11(2) and (3) of the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015(1), make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (Commencement, Transitional and Saving Provisions) Order 2015.

(2) In this Order—

“the commencement date” means the date appointed by article 2;

the Measure” means the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015;

“the 1963 Measure” means the Ecclesiastical Jurisdiction Measure 1963(2); and

“the 1991 Measure” means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991(3).

Commencement

2.  All the provisions of the Measure which are not already in force come into force on 1st April 2015.

Transitional and saving provisions

3.  The Schedule contains transitional and saving provisions which apply in relation to provisions of the Measure that are commenced by this Order.

+ Justin Cantuar:

Archbishop of Canterbury

9th March 2015

+ Sentamu Eboracensis

Archbishop of York

9th March 2015

Article 3

SCHEDULETransitional and saving provisions

Chancellor’s guidance as to the planting etc. of trees in churchyards

1.  The chancellor of a diocese must continue on and after the commencement date to give guidance under section 6(3) of the 1991 Measure as originally enacted until the Church Buildings Council gives guidance under that subsection as amended by section 1 of the Measure.

Chancellor’s guidance on matters which may be undertaken without a faculty

2.  The chancellor of a diocese must continue on and after the commencement date to give guidance under section 11(8) of the 1991 Measure as if that subsection had not been omitted until rules made by virtue of section 18B of the 1991 Measure (as inserted by section 5(1) of the Measure) come into force.

Membership of Rule Committee

3.  A person who immediately before the commencement date was a member of the Rule Committee by virtue of having been nominated by the Church Buildings Council under section 25(1)(f) of the 1991 Measure is to be treated as being one of the three persons nominated by the Church Buildings Council under section 25(2)(e) of the 1991 Measure (as inserted by section 6(2) of the Measure).

Provisions relating to allocation of appeals

4.  The amendments made by section 7 of the Measure do not have effect in the case of proceedings where an application for leave to appeal under section 7, or an application for a certificate under section 10(3), of the 1963 Measure was made before the commencement date.

Provisions relating to duration of office of chancellor

5.  Paragraph 6 applies where, on the commencement date, a chancellor is holding office by virtue of the bishop having authorised the chancellor’s continuance in office under section 2(4A) of the 1963 Measure (in the form it took immediately before the commencement of section 9 of the Measure).

6.  Section 9(1) of the Measure has effect as if it provided only for the insertion of subsections (4B) to (4D) and not for the substitution of subsection (4A).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st April 2015 all the provisions of the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 except for section 11 (which came into force on Royal Assent). It also makes transitional and saving provisions.

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