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

Approval by bishop of draft proposals and preparation of draft scheme
7
1
If the bishop approves, either with or without amendments, draft proposals submitted to him under section 6(7) he shall—
a
return the proposals to the mission and pastoral committee, with any amendments, for the preparation of a draft scheme or order, or
b
send the proposals to the Commissioners, with any amendments, for the preparation of a draft scheme or order and, having done that, inform the mission and pastoral committee.
2
Where the proposals approved by the bishop under subsection (1) contain recommendations for any of the matters contained in sections 31 and 32 and 34 to 36 the mission and pastoral committee or the Commissioners (as the case may be) shall send a copy of the proposals to the registered patrons of any of the benefices concerned and inform them that if the benefice is or becomes vacant section 87(1) will apply in relation to the benefice, unless notice has already been given by the bishop under section 85(1) of the suspension of the right of presentation to the benefice.
3
Where the proposals are returned to the mission and pastoral committee under subsection (1)(a), the committee shall, on receipt of the proposals, prepare a draft scheme or order giving effect to the proposals, with any amendments, and shall submit the draft scheme or order to the Commissioners, together with the statement referred to in section 6(8) (unless, as a result of section 6(8B), it is not required).
4
Where the proposals are sent to the Commissioners under subsection (1)(b), the Commissioners shall, on receipt of the proposals, consider whether the procedures set out in section 6 have been properly applied.
5
If the Commissioners consider that the procedures set out in section 6 have been properly applied, they shall—
a
prepare a draft scheme or order giving effect to the proposals, with any amendments, and
b
send a copy of the draft scheme or order to the mission and pastoral committee.
6
If the Commissioners consider that the procedures set out in section 6 have not been properly applied, they shall return the proposals to the bishop; and the bishop, having received the proposals from the Commissioners, shall return them to the mission and pastoral committee for further consideration.
S. 7 in force at 1.7.2012 by S.I. 2012/1, art. 2
Word in s. 7(1) substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 19(3)(a); S.I. 2014/1369, art. 2
Word in s. 7(2) substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 19(3)(a); S.I. 2014/1369, art. 2
Word in s. 7(3) substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 19(3)(a); S.I. 2014/1369, art. 2
Words in s. 7(2) added (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 19(3)(b); S.I. 2014/1369, art. 2
S. 7(4)-(6) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 2(4), 14(3); S.I. 2018/722, art. 3(b)
Words in s. 7(2) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 2(2), 14(3); S.I. 2018/722, art. 3(b)
Words in s. 7(3) substituted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 2(3), 14(3); S.I. 2018/722, art. 3(b)
Words in s. 7(1) renumbered as s. 7(1)(a) (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 2(1)(a), 14(3); S.I. 2018/722, art. 3(b)
S. 7(1)(b) inserted and word (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 2(1)(b), 14(3); S.I. 2018/722, art. 3(b)
Words in s. 7(3) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 1(5), 14(3); S.I. 2018/722, art. 3(a)