Church of England (Miscellaneous Provisions) Measure 2020

7 Inspection of churches etc: appointment of inspector

(1) In section 45 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (“the 2018 Measure”) (scheme for inspections), in subsection (2)—

(a) in paragraph (c), for “one or more qualified persons approved by the advisory committee” substitute “persons”, and

(b) omit paragraphs (d) and (e).

(2) After subsection (2) of that section insert—

“(2A) In relation to each church in the diocese, the provision specified in subsection (2)(c) must provide—

(a) for the PCC of the parish in which the church is situated to appoint a person to inspect the church and to make a report on the inspection,

(b) for the PCC not to make the appointment unless it—

(i) has obtained and had regard to advice from the advisory committee on the appointment, and

(ii) is satisfied that the person to be appointed has the necessary qualifications and experience, and

(c) for a copy of the report on the inspection to be sent to—

(i) the archdeacon of the archdeaconry in which the church is situated,

(ii) the PCC,

(iii) the incumbent of the benefice to which the parish in which the church is situated belongs, and

(iv) the secretary of the advisory committee.

(2B) In relation to each relevant building in the diocese, the provision specified in subsection (2)(c) must provide—

(a) for the manager of the building to appoint a person to inspect the building and to make a report on the inspection,

(b) for the manager of the building not to make the appointment unless the manager—

(i) has obtained, and had regard to, advice from the advisory committee on the appointment, and

(ii) is satisfied that the person to be appointed has the necessary qualifications and experience, and

(c) for a copy of the report on the inspection to be sent to—

(i) the archdeacon of the archdeaconry in which the building is situated,

(ii) the secretary of the advisory committee, and

(iii) the Church Buildings Council.”

(3) In subsection (3) of that section (power to establish further scheme), in paragraph (b), for “subsection (2)(a) to (e)” substitute “subsection (2)(a) to (c)”.

(4) After subsection (4) of that section insert—

“(4A) In exercising a function under the scheme referred to in this section, a PCC, the manager of a relevant building or an advisory committee must have regard to any guidance issued by the Church Buildings Council.”

(5) After subsection (5) of that section insert—

“(5A) A reference to the manager of a relevant building is—

(a) if the building is held on charitable trusts, a reference to the persons who have the general control and management of the administration of the charity;

(b) in any other case, a reference to the person who has the general control and management of the building.”

(6) Omit subsection (6) of that section (which defines “qualified person”).

(7) In section 47 of the 2018 Measure (archdeacon’s power to require inspection of church), in subsection (1), omit “by a qualified person”.

(8) Omit subsection (7) of that section (which defines “qualified person”).

(9) In section 48 of the 2018 Measure (power to require inspection of other place of worship), in each of subsections (1) and (2), omit “by a qualified person”.

(10) In subsection (4) of that section, for “and “qualified person” each have” substitute “has”.