Parochial Registers and Records Measure 1978

Supplemental U.K.

F1 23 Appointment of deputy to perform functions of bishop. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 23 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 5

24 Service of notices and orders. U.K.

(1) Any notice or order required or authorised by this Measure to be served on or sent or given to any person may be served, sent or given by delivering it to him, or by leaving it at his proper address, or by post [F2 , or by electronic means].

(2) Any such notice or order required or authorised to be served on, sent or given to, a parochial church council shall be duly served, sent or given if it is served on or sent or given to the secretary of that council.

(3) For the purposes of this section and of section 26 of the M1 Interpretation Act 1889 in its application to this section, the proper address of the person on or to whom any such notice or order is required or authorised to be served, sent or given shall be the last known address of that person.

Textual Amendments

F2 Words in s. 24(1) inserted (16.11.2023) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 8(4), 16(3); S.I. 2023/1264, art. 2

Marginal Citations

M1 1889 c. 63.

25 Interpretation. E

(1) In this Measure, except in so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• [F3 “burial” includes the disposal of cremated remains;]

• [F4 “records” means materials in written or other form setting out facts or events or otherwise recording information, but a reference to a record does not include a reference to—

  (a)

  a register book,

  (b)

  anything which is or has been fixed to the fabric of a parish church or other place of public worship in a parish, or

  (c)

  a photograph or picture which is or has been displayed in a parish church or other place of public worship in a parish;

• “records in parochial custody” means records—

  (a)

  in the custody of an incumbent or priest in charge or of churchwardens or of a parochial church council, or

  (b)

  in the joint custody of any of those mentioned in paragraph (a);]

• “register books” means the register books mentioned in section 6(1) of this Measure and “register books in parochial custody” means register books in the custody of an incumbent or priest in charge or of churchwardens.

[F5 (1A) In the case of a register book of services which is, by virtue of Canon F 12, kept in an electronic or other form approved by the General Synod—

(a) a reference in this Measure to the register book of services includes (where the context allows) a reference to that register book in that form, and

(b) a reference in this Measure to an electronic register book of services is to be construed in accordance with this subsection.]

[F6 (1B) In subsection (1), the reference in each of paragraphs (b) and (c) of the definition of “records” to a parish church or other place of public worship in a parish includes a reference to—

(a) an adjoining building used wholly or mainly as a vestry or sacristy, and

(b) a church hall.]

(2) In this Measure references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.

Textual Amendments

F3 Words in s. 25 inserted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para.10;Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.

F4 Words in s. 25(1) substituted (1.9.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 9(1), 16(3); S.I. 2020/835, art. 2

F5 S. 25(1A) inserted (16.11.2023) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 8(1), 16(3); S.I. 2023/1264, art. 2

F6 S. 25(1B) inserted (1.9.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 9(2), 16(3); S.I. 2020/835, art. 2

26 Amendments, repeals and transitional provisions. U.K.

(1) The enactments specified in Schedule 3 to this Measure shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Measure.

(2) The enactments specified in Schedule 4 to this Measure (which include enactments which were obsolete, spent or unnecessary befor the passsing of this Measure) are hereby repealed to the extent specified in column 3 of that Schedule.

(3) Any registration effected, certificate or directions issued, order made, or other thing done under any enactment repealed by this Measure shall not be invalidated by the repeal effected by subsection (2) above but shall have effect as if effected, issued, made or done under the corresponding provision of this Measure.

(4) Without prejudice to subsection (3) above, any reference in this Measure to a thing done under or for the purposes of a provision of this Measure shall, in so far as the context permits, be construed as including a reference to the corresponding thing done under or for the purposes of the corresponding provision of the enactments repealed by this Measure.

(5) Nothing in subsection (1), (3) or (4) above shall be taken as prejudicing the operation of section 38 of the M2 Interpretation Act 1889 (which relates to the effect of repeals) as applied by the M3 Interpretation Measure 1925.

Modifications etc. (not altering text)

C1 S. 26(1)(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M2 1889 c. 63.

M3 1925 No. 1.

27 Short title, commencement and extent. U.K.

(1) This Measure may be cited as the Parochial Registers and Records Measure 1978.

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This Measure shall extend to the whole of the provinces of Canterbury and York, except the Channel Islands and the Isle of Man, but may be applied to the Channel Islands, or either of them, as defined in the M4 Channel Islands (Church Legislation) Measures 1931 and M5 1957, in accordance with those Measures and may by Act of Tynwald be extended to the Isle of Man, with such exceptions, adaptations and modifications, if any, as may be specified in such Act.

Textual Amendments

F7 S. 27(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 5

Modifications etc. (not altering text)

C2 1.1.1979 appointed under s. 27(2)

Marginal Citations

M4 1931 No. 4.

M5 1957 No. 1.