Dioceses, Pastoral and Mission Measure 2007 No. 1

Part III E Procedure for making pastoral schemes and orders and pastoral church buildings schemes

Pastoral church buildings schemes E

35 Pastoral church buildings schemes E

(1) In its application to pastoral church buildings schemes Part I of the 1983 Measure shall be amended in accordance with sections 36 to 39 below.

(2) In its application as aforesaid, except in proviso (ii) to section 5(4), any reference, however expressed, to a pastoral order shall be omitted.

Commencement Information

I1 S. 35 in force at 11.6.2008 by 2007 No. 3, Instrument made by Archbishops

36 Formulation and submission to bishop of draft proposals E

Section 3 shall be amended as follows—

(a) in subsection (2), the words “subject to subsections (3) and (4)” shall be omitted, the word “and” shall be omitted after sub-paragraph (e), the word “ and ” shall be added after sub-paragraph (f) and at the end there shall be added the following sub-paragraph—

“(g) the parish council of the parish in which the building to which a declaration of closure for regular public worship relates is situated or, if there is no parish council for that parish, the chairman of the parish meeting.”;

(b) subsections (3) and (4) shall be omitted;

(c) in subsection (7) for the word “redundancy” there shall be substituted the words “ closure for regular public worship ” and for the words “Council for the Care of Churches” there shall be substituted the words “ Church Buildings Council ”;

(d) in subsection (8), after paragraph (c) there shall be inserted the following paragraph—

“(d) any information or advice which the Council thinks appropriate to give concerning possible architectural or structural changes in each church mentioned in the notice in the event of its closure for regular public worship or, in the event that the church is not so closed, concerning any such changes which would facilitate its use for purposes which are consistent with use for regular public worship;” and

(e) for subsection (10) there shall be substituted the following subsection—

“(10) The committee shall annex to the draft proposals formulated by it a statement of the views of the interested parties and a copy of the report prepared by the Council under subsection (8).”.

Commencement Information

I2 S. 36 in force at 11.6.2008 by 2007 No. 3, Instrument made by Archbishops

37 Amendment of proposals and preparation of draft scheme by Commissioners E

Section 5 shall be amended as follows—

(a) in subsection (2), the words “provide for a declaration of redundancy and also” shall be omitted;

(b) in subsection (2), for the words “Advisory Board” there shall be substituted the words “ Church Buildings Council ”; and

(c) for subsection (4) there shall be substituted the following subsection—

“(4) The Commissioners shall prepare a draft scheme to give effect to the proposals, with any amendments made under subsection (3): Provided that—

(i) the Commissioners may, with the agreement of the bishop, given after consultation with the mission and pastoral committee, decide to proceed with some but not all of the proposals, and in that case this subsection shall apply as if they were the only proposals;

(ii) if, as a result of the Commissioners' decision under proviso (i), the proposals no longer contain a declaration of closure for regular public worship, the Commissioners shall refer the proposals to the mission and pastoral committee and the committee shall proceed as if the proposals related to a draft pastoral scheme which does not contain such a declaration or draft order, as the case may be.”.

Commencement Information

I3 S. 37 in force at 11.6.2008 by 2007 No. 3, Instrument made by Archbishops

38 Notice and publication and amendment of draft scheme E

(1) Section 6 shall be amended as follows—

(a) in subsection (3), for the words from the beginning to the end of paragraph (a) there shall be substituted the following words “The Commissioners shall—

(a) also serve a copy thereof on the Church Buildings Council, English Heritage and the Joint Committee of the National Amenity Societies and on the Commonwealth War Graves Commission and, if the draft scheme provides for the care and maintenance of the building proposed to be closed for regular public worship by the Churches Conservation Trust, that Trust; and”,

and all the words following paragraph (b) shall be omitted; and

(b) in subsection (5), the words “to their representative” shall be omitted.

(2) In section 7(2), after the words “any such amendments” there shall be inserted the words “ , other than any amendments which, in the opinion of the Commissioners, are such as are described in section 16(1A), ”.

Commencement Information

I4 S. 38 in force at 11.6.2008 by 2007 No. 3, Instrument made by Archbishops

39 Transmission of copies of scheme E

In section 10(1) for the words “, in the case of a scheme containing a declaration of redundancy, to the Advisory Board” there shall be substituted the words “ to the Church Buildings Council ”.

Commencement Information

I5 S. 39 in force at 11.6.2008 by 2007 No. 3, Instrument made by Archbishops