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- Point in Time (16/05/2016)
- Original (As enacted)
Version Superseded: 01/07/2018
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There are currently no known outstanding effects for the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, Section 26.
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(1)The Rule Committee may make rules for carrying into effect the provisions of—
(a)this Measure;
(b)the M11963 Measure;
(c)the M21964 Measure;
(d)the [F1Care of Cathedrals Measures 1990 and 1994];
[F2(e)the Care of Places of Worship Measure 1999]
[F3(f)the Clergy Discipline Measure 2003;]
[F4(f)Schedule 4 to the Pastoral Measure 1983.]
[F5(g)the provisions referred to in section 4(1) of the Safeguarding and Clergy Discipline Measure 2016;]
(hereafter referred to in this section as “the relevant provisions”).
(2)Rules made under subsection (1) above may in particular (so far as the same are not regulated by the relevant provisions or by rules made under section 4 of the [F6Church of England (Legal Aid Measure 1994]) make provision for—
(a)regulating the procedure and practice (including the mode and burden of proof and admissibility of evidence) of all courts, [F7disciplinary tribunals, commissions, committees and examiners provided for in the 1963 Measure, the Care of Cathedrals Measures 1990 and 1994 or the Clergy Discipline Measure 2003], including courts of appellate jurisdiction (so far as rules made by the Judicial Committee of the Privy Council do not extend);
(b)the procedure and practice where archdeacons have jurisdiction in faculty matters under section 14 above;
(c)the appointment and duties of officers of the said courts [F8disciplinary tribunals,], commissions and committees;
[F9(cc)the procedure and practice where complaints are referred to registrars under section 11 of the Clergy Discipline Measure 2003]
(d)the time within which any act required or permitted to be performed by the relevant provisions is to be performed;
(e)matters relating to the appointment of authorised complainants and prosecutors in connection with proceedings or contemplated proceedings under the relevant provisions;
(f)the forms of complaint instituting proceedings under the relevant provisions and of any answers to be made thereto;
(g)all other forms and notices required in connection with the relevant provisions;
(h)the mode of effecting service of complaints, articles or other documents including provision for substituted service;
(i)the fixing of the time and place of any hearing or trial and for notifying the parties thereof;
(j)the passing of censures and the forms of certificates of findings;
(k)matters relating to costs, fees and expenses in respect of any proceedings under the relevant provisions;
(l)enabling evidence to be obtained of compliance with the relevant provisions; and
(m)any matter which may be prescribed by virtue of the relevant provisions.
(3)The Rule Committee may also make rules containing provision—
(a)for enabling a parochial church council, after consultation with the advisory committee of the diocese concerned, to deposit (without a faculty) moveable articles appertaining to a church in the parish concerned for safekeeping in places approved for the purpose by such persons as may be specified in the rules, subject to such requirements, terms and conditions as may be so specified or as may be determined by persons so specified;
(b)for requiring parochial church councils to keep records of the location of burials carried out in churchyards in their parish and of reserved grave-spaces in respect of which a faculty has been granted;
(c)for the safe-keeping, care, inspection and preservation of books and other documents (not being register books or records within the meaning of section 25 of the M3Parochial Registers and Records Measure 1978) which, in the opinion of such person as may be specified in the rules, are of historic interest to the Church of England, including provision for the appointment of persons with duties in that respect.
Textual Amendments
F1Words in s. 26(1)(d) substituted (1.10.1994) by 1994 No. 2, s. 9; Instrument dated 25.7.1994 made by Archbishops of Canterbury and York
F2S. 26(1)(e) inserted (1.7.2001) by 1999 No. 2, s. 5; Instrument dated 21.6.2001 made by Archbishops of Canterbury of York
F3S. 26(1)(f) inserted (1.10.2003) by Clergy Discipline Measure 2003 (No. 3), ss. 45(1), 48(2) (with s. 47); 2003 No. 3, Instrument made by Archbishops
F4S. 26(1)(f) added (31.1.2011) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), s. 13(2), Sch. 2 para. 22 (with s. 9); 2010 No. 8, art. 2
F5S. 26(1)(g) inserted (16.5.2016) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 4(2), 12(3); S.I. 2016/552, art. 2
F6Words in s. 26(2) substituted (1.9.1994) by 1994 No. 3, s. 7(2), Sch. 2 para. 3; Instrument dated 25.7.1994 made by Archbishops of Canterbury and York
F7Words in s. 26(2)(a) substituted (1.10.2003) by Clergy Discipline Measure 2003 (No. 3), ss. 45(2)(a), 48(2) (with s. 47); 2003 No. 3, Instrument made by Archbishops
F8Words in s. 26(2)(c) inserted (1.10.2003) by Clergy Discipline Measure 2003 (No. 3), ss. 45(2)(b), 48(2) (with s. 47); 2003 No. 3, Instrument made by Archbishops
F9S. 26(2)(cc) inserted (1.10.2003) by Clergy Discipline Measure 2003 (No. 3), ss. 45(2)(c), 48(2) (with s. 47); 2003 No. 3, Instrument made by Archbishops
Modifications etc. (not altering text)
C1S. 26(1) extended (1.7.2001) by 1999 No. 2, s. 5; Instrument dated 21.6.2001 made by Archbishops of Canterbury and York
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