The Church of England Pensions Measure 2018 (Commencement and Savings) Order 2019

Statutory Instruments

2019 No. 98

Ecclesiastical Law, England

The Church of England Pensions Measure 2018 (Commencement and Savings) Order 2019

Made

23rd January 2019

The Archbishops of Canterbury and York, in exercise of the powers conferred by section 61 of the Church of England Pensions Measure 2018(1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Church of England Pensions Measure 2018 (Commencement and Savings) Order 2019.

(2) In this Order—

“the commencement date” means 1st March 2019;

“the Measure” means the Church of England Pensions Measure 2018.

Commencement

2.  The Measure, so far as not already in force, comes into force on the commencement date.

Savings

3.—(1) Where, immediately before the commencement date, there are proceedings pending on an appeal under section 38(3) of the Clergy Pensions Measure 1961(2) or regulation 32(3) of the Church of England Pensions Regulations 1988(3) (determinations by the Pensions Board of questions relating to pensions), the proceedings on the appeal are to continue under that provision, despite its repeal or revocation.

(2) Where the Church of England Pensions Board has given the Court of Protection notice under regulation 30(2) of the Church of England Pensions Regulations 1988 (persons lacking mental capacity to manage property etc.) before the commencement date, the Court of Protection may give the Board notice under regulation 30(3) of those Regulations on or after that date, despite the revocation of that provision.

+Justin Cantuar:

Archbishop of Canterbury

+Sentamu Ebor:

Archbishop of York

23rd January 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings the substantive provisions of the Church of England Pensions Measure 2018 into force on 1st March 2019 (“the commencement date”). It contains savings in relation to proceedings pending on an appeal under section 38(3) of the Clergy Pensions Measure 1961 or regulation 32(3) of the Church of England Pensions Regulations 1988. It also contains savings for cases where the Church of England Pensions Board has given notice to the Court of Protection in relation to a person lacking mental capacity.

(1)

2018 No. 9.

(2)

1961 No. 3.

(3)

S.I. 1988/2256.