Church of England (Miscellaneous Provisions) Measure 2000

Section 10.

SCHEDULE 6 E Amendment of Pastoral Measure 1983

1 E The Pastoral Measure 1983 shall be amended as follows.

2 E In section 14(1) for the words from “, not being” to the end there shall be inserted the words “should be so implemented and the interested parties have consented to the proposals, then—

(a) the pastoral committee shall prepare a draft order to give effect to the proposals and submit it to the bishop for his approval;

(b) the bishop may, by applying his seal thereto, make the order under section 8(4); and

(c) the pastoral committee shall send to the Commissioners and the interested parties a copy of any order made under this subsection.”.

3 E In section 27—

(a) in subsection (1) for the word “Commissioners” there shall be substituted the words “ bishop, after consultation with the diocesan advisory committee and the pastoral committee ” and at the end there shall be inserted the following paragraph—

“(d) require the bishop to notify the Commissioners of his approval of a building or church as suitable to be a parish church and of its consecration.”;

(b) in subsection (2) and (4) for the word “Commissioners” there shall be substituted in each case the words “ the bishop, after consultation with the diocesan advisory committee and the pastoral committee, ”.

4 E In section 52(1)(b) for the words from “allocated” to the end there shall be substituted the words “ paid to such diocesan boards of finance, in such amounts, as the Commissioners may determine for allocation to the diocesan pastoral accounts ”.

5 E In section 77—

(a) in subsection (1) for the words “Commissioners shall” there shall be substituted the words “ diocesan board of finance of each diocese shall ” and for the words from “direct” to “payment” there shall be substituted the words “ determine should be credited ”;

(b) in subsection (4) after the word “Commissioners” there shall be inserted the words “ and the Archbishops’ Council ”.

6 E In section 78—

(a) in subsection (1) for the words “may be paid” there shall be substituted the words “ shall be paid ” and for the words from “such one” to “determine” there shall be substituted the words “ the diocesan pastoral account ”;

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) Where such expenses are incurred in respect of more than one diocese the Commissioners shall, after consultation with the diocesan board of finance of each diocese concerned, determine the proportions in which the expenses are to be borne by each diocese.”;

(c) in subsection (2) for the words from the beginning to “repay” there shall be substituted the words “ The Commissioners or the diocesan board of finance, as the case may be shall be entitled to be repaid ”;

(d) in subsection (3) for the words from the beginning to “request the diocesan board of finance” there shall be substituted the words “ Where the diocesan board of finance is satisfied that any moneys standing to the credit of a diocesan pastoral account are not required or likely to be required for meeting the expenses or expenditure referred to in the foregoing subsections it may ”;

(e) subsections (4) and (5) shall cease to have effect.

7 E In section 78A after subsection (1) there shall be inserted the following subsection—

“(1A) Any moneys transferred under subsection (1) above shall be held by the Commissioners as part of their corporate property and the Commissioners shall credit the redundant churches temporary maintenance account with an equivalent amount charged upon their general fund and shall allow interest at such rate as they may determine upon all sums credited to that account.”.

8 E In Schedule 3—

(a) in paragraph 8(2) for the words “Commissioners may” there shall be substituted the words “ diocesan board of finance shall, if the Commissioners so direct, ” and for the words “or may” there shall be substituted the words “ and the Commissioners may ”;

(b) in paragraph 9(2) at the end there shall be inserted the words “ , except where the terms of the sale or other disposition would not have required the consent of the Commissioners under section 20 of the Endowments and Glebe Measure 1976 had the property been diocesan glebe land ”;

(c) in paragraph 16(3) for the words from “the capital” to “other” there shall be substituted the word “ any ” and at the end there shall be inserted the words “ and the diocesan board of finance of each of those dioceses shall make such adjustments in the capital or income accounts of the diocesan stipends fund or the diocesan pastoral account as the Commissioners, after consultation with the diocesan board of finance of each of those dioceses, may direct. ”.

9 E In Schedule 4 in paragraph 18 for the words from “agreed” to the end there shall be substituted the words “ determined by the board after consultation with the Commissioners. ”.

10 E In Schedule 7 in paragraphs 2(2) and (3) and paragraph 3 for the word “Commissioners” there shall be substituted in each case the words “ diocesan board of finance ”.