Part 3

Procedure for making pastoral schemes and pastoral orders other than pastoral church buildings schemes

Procedure for schemes and orders affecting a single diocese

Making of schemes or orders
11
1
Where no representations with respect to any such draft scheme have been duly made and the Commissioners are of the opinion that any such draft scheme should be made, and do not propose to amend or further amend it under section 10, they shall submit it to the bishop for his consent and, when he has given his consent, they shall seal a copy of the draft scheme and so make the scheme.
2
Where representations with respect to any such draft scheme have been duly made and the Commissioners, having considered those representations, are of the opinion that the draft scheme should be made, and do not propose to amend or further amend it under section 10, they shall so far as practicable—
a
serve on the persons who duly made written representations with respect to the draft scheme notice of the Commissioners' decision with respect to the representations together with a statement in writing of the reasons therefor; and
b
serve on any other persons, being interested parties, a copy of the notice.
3
A notice under subsection (2) shall inform persons who have duly made written representations with respect to the draft scheme of their rights, on obtaining the leave of the Judicial Committee of the Privy Council, to appeal to Her Majesty in Council and shall specify the date, being a date not less than twenty-eight days after the service of the notice, on or before which notice of intention to apply for such leave must be given.
4
When serving notice under subsection (2) the Commissioners shall send a copy thereof to the Registrar of the Privy Council together with a copy of the draft scheme and a copy of the statement in writing referred to in that subsection.
4A
In the case of a draft scheme which gives effect to proposals included in a deanery plan to which this section applies, the Commissioners, having considered any representations made with respect to the draft scheme
and unless they consider that there are material considerations which indicate that it should not be made, shall comply with the duties imposed by subsection (2)(a) and (b); and references in this Measure to a notice under subsection (2) shall be read accordingly.
.
4B
Subsections (1) to (4) have effect subject to subsection (4A).
5
Where no representations with respect to any such draft order have been made and the Commissioners are of the opinion that the draft order should be made and do not propose to amend or further amend it under section 10, the Commissioners shall issue a certificate to that effect and submit the draft order and the certificate to the bishop.
6
Where representations with respect to any such draft order have been made, then, unless—
a
as a result of those representations, the Commissioners decide that the order should not be made, or
b
the Commissioners propose to amend or further amend the draft order under section 10,
they shall issue a certificate to that effect and submit the draft order and the certificate to the bishop.
6A
In the case of a draft order which gives effect to proposals included in a deanery plan to which this section applies, the Commissioners, having considered any representations made with respect to the draft order, shall issue a certificate that the order should be made and submit the draft order and certificate to the bishop, unless they consider that there are material considerations which indicate that the order should not be made.
6B
Subsections (5) and (6) have effect subject to subsection (6A).
7
Where a draft order is submitted to the bishop under this section, he may by applying his seal thereto make the order.
8
In this section, “
deanery plan
” means a plan for pastoral reorganisation which has been approved by the deanery synod of each deanery which would be affected by implementation of the plan
and by the mission and pastoral committee
; and a deanery plan is one to which this section applies if—
a
the persons who are the interested parties for the purposes of section 6(8A) have been consulted on the plan,
b
any person holding office under Common Tenure, and any incumbent or archdeacon not subject to Common Tenure, whose office would or might be abolished if the plan took effect has had an opportunity to meet the mission and pastoral committee, and
c
the proposals to which the draft scheme or order gives effect are to the same effect, or substantially the same effect, as proposals included in the plan.
S. 11 in force at 1.7.2012 by S.I. 2012/1, art. 2
S. 11(6A)(6B) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 4(2), 14(3); S.I. 2018/722, art. 3(d)
S. 11(8) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 4(3), 14(3); S.I. 2018/722, art. 3(d)
S. 11(4A)(4B) inserted (1.3.2019) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 4(1), 14(3); S.I. 2019/66, art. 2(b)
Words in s. 11(4A) substituted (1.3.2019 immediately after the provisions of Church Measure 2018 No. 4 commenced by S.I. 2019/66, art. 2 come into force) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 15(2), 17(3); S.I. 2019/67, art. 2(1)(n)(2)
Words in s. 11(8) inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 15(3), 17(3); S.I. 2019/67, art. 2(1)(n)