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.
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.
7
Where a draft order is submitted to the bishop under this section, he may by applying his seal thereto make the order.