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The Ecclesiastical Offices (Terms of Service) Regulations 2009
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Status:
This version of this provision is prospective.
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Ecclesiastical Offices (Terms of Service) Regulations 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 33:
- reg. 2(3A) inserted by 2024 No. 1 s. 5(1)
- reg. 2(4) inserted by S.I. 2021/840 reg. 2(1)
- reg. 3(6)(7) inserted by 2024 No. 1 s. 5(3)
- reg. 6(2A) inserted by S.I. 2021/840 reg. 2(2)
- reg. 9(5) inserted by S.I. 2014/431 Sch. para. 36
- reg. 9A inserted by S.I. 2014/431 Sch. para. 37
- reg. 11(1A) inserted by S.I. 2021/840 reg. 9
- reg. 18A inserted by S.I. 2021/840 reg. 3(1)
- reg. 19(5)(6) inserted by S.I. 2021/840 reg. 4
- reg. 20(1A) inserted by S.I. 2015/1654 reg. 4(4)
- reg. 22A inserted by S.I. 2021/840 reg. 5(2)
- reg. 23(7) words inserted by S.I. 2020/1543 reg. 2(2)
- reg. 27(2A) inserted by S.I. 2021/840 reg. 7(1)
- reg. 28(1A) words inserted by S.I. 2021/840 reg. 10(5)
- reg. 28(1B) inserted by S.I. 2021/840 reg. 7(2)
- reg. 29(b) omitted by S.I. 2017/316 reg. 2(3)(a)
- reg. 29(b) words omitted by S.I. 2017/316 reg. 2(3)(b)
- reg. 29(1)(j) and word inserted by S.I. 2015/1654 reg. 3(1)(b)
- reg. 29(3A) inserted by S.I. 2015/1654 reg. 4(1)
- reg. 29(7A)(a) substituted by S.I. 2015/1654 reg. 4(2)
- reg. 29(7B)-(7F) inserted by S.I. 2015/1654 reg. 3(2)
- reg. 29A inserted by S.I. 2017/316 reg. 2(1)
- reg. 29A(4A) inserted by S.I. 2021/840 reg. 8
- reg. 30(2)(2A) substituted for reg. 30(2) by S.I. 2014/2083 reg. 2(3)
- reg. 33 coming into force by S.I. 2009/2108 reg. 1
- reg. 33(2)(b) words inserted by S.I. 2021/840 reg. 10(6)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 2(3A) inserted by 2024 No. 1 s. 5(1)
- reg. 2(4) inserted by S.I. 2021/840 reg. 2(1)
- reg. 3(6)(7) inserted by 2024 No. 1 s. 5(3)
- reg. 6(2A) inserted by S.I. 2021/840 reg. 2(2)
- reg. 9(5) inserted by S.I. 2014/431 Sch. para. 36
- reg. 9A inserted by S.I. 2014/431 Sch. para. 37
- reg. 11(1A) inserted by S.I. 2021/840 reg. 9
- reg. 18A inserted by S.I. 2021/840 reg. 3(1)
- reg. 19(5)(6) inserted by S.I. 2021/840 reg. 4
- reg. 20(1A) inserted by S.I. 2015/1654 reg. 4(4)
- reg. 22A inserted by S.I. 2021/840 reg. 5(2)
- reg. 23(7) words inserted by S.I. 2020/1543 reg. 2(2)
- reg. 27(2A) inserted by S.I. 2021/840 reg. 7(1)
- reg. 28(1A) words inserted by S.I. 2021/840 reg. 10(5)
- reg. 28(1B) inserted by S.I. 2021/840 reg. 7(2)
- reg. 29(b) omitted by S.I. 2017/316 reg. 2(3)(a)
- reg. 29(b) words omitted by S.I. 2017/316 reg. 2(3)(b)
- reg. 29(1)(j) and word inserted by S.I. 2015/1654 reg. 3(1)(b)
- reg. 29(3A) inserted by S.I. 2015/1654 reg. 4(1)
- reg. 29(7A)(a) substituted by S.I. 2015/1654 reg. 4(2)
- reg. 29(7B)-(7F) inserted by S.I. 2015/1654 reg. 3(2)
- reg. 29A inserted by S.I. 2017/316 reg. 2(1)
- reg. 29A(4A) inserted by S.I. 2021/840 reg. 8
- reg. 30(2)(2A) substituted for reg. 30(2) by S.I. 2014/2083 reg. 2(3)
Prospective
Right to apply to employment tribunalE
33.—(1) Where the appointment of an office holder has been terminated by notice given under section 3(6) of the Measure following adjudication under procedures carried out under regulation 31 above, the office holder shall have the right not to be unfairly dismissed.
(2) Subject to paragraph (3) and (4) below Part X of the Employment Rights Act 1996(1) (in this regulation referred to as “the 1996 Act”) shall apply in relation to an office holder who is dismissed in the circumstances described in paragraph (1) above as it applies to an employee who is dismissed for a reason relating to the capability of the employee in accordance with section 98(2) of the 1996 Act and as if in that Act—
(a)any reference to an employee were a reference to the office holder;
(b)except in the case of a person holding office in a cathedral, any reference to an employer were a reference to the Diocesan Board of Finance for the diocese in which, on the date on which the office was terminated, the office holder exercised his office;
(c)in the case of a person holding office in a cathedral, any reference to an employer were a reference to the Chapter of the cathedral; and
(d)any reference to employment were a reference to the holding of an office;
and as if the office holder had been dismissed by that Diocesan Board of Finance or that Chapter, as the case may be, and the reason or principal reason stated in the notice referred to in paragraph (1) above were the reason or principal reason for the dismissal.
(3) Section 108 of the 1996 Act shall not apply in relation to an office holder who has the right not to be unfairly dismissed under this regulation and for the purposes of Part X of that Act the office holder shall be treated as if the period of continuous holding of the office were the period beginning with the date on which the office holder was appointed and ending with the date of the notice referred to in paragraph (1) above.
(4) This regulation shall not apply to any office holder who has attained the retirement age specified in relation to the office holder’s office in section 1 of the Ecclesiastical Offices (Age Limit) Measure 1975(2)
Commencement Information
I1Reg. 33 in force at 1.1.2010, see reg. 1
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