8Consideration of draft scheme or order by CommissionersE
(1)On receipt of a draft scheme or order submitted to them [F1by the mission and pastoral committee under section 7(3),] the Commissioners shall consider whether the draft scheme or order is in the correct form and is within the powers conferred on the bishop and the mission and pastoral committee and whether the procedures set out in sections 6 and 7 have been properly applied.
(2)Where the Commissioners consider that, in accordance with subsection (1), any amendments should be made to the draft scheme or order, they may make such amendments as they think appropriate.
(3)If the Commissioners make any such amendments they shall, unless they consider that the amendments are such as are described in section 19(2), refer the draft scheme or order, with their amendments, together with an explanation of the reasons for the amendments, to the mission and pastoral committee for further consideration.
(4)The mission and pastoral committee shall, after consulting the bishop, consider the draft scheme or order, as amended by the Commissioners, and may, with the agreement of the bishop, make any amendments which it thinks fit, after taking account of the Commissioners' amendments.
(5)The mission and pastoral committee shall, after considering the draft scheme or order in accordance with subsection (4), re-submit it to the Commissioners, with any amendments, together with an explanation of the action which it has taken on the Commissioners' amendments and subsection (2) and, if appropriate, subsections (3) and (4) and this subsection shall apply to any such draft scheme or order.
(6)If the Commissioners consider that it is not possible to amend the draft scheme or order in a way which would enable it to proceed in the correct form or that the procedures set out in sections 6 and 7 have not been properly applied they shall return it to the mission and pastoral committee for further consideration.
(7)If the draft scheme or order is returned to the mission and pastoral committee under subsection (6), the mission and pastoral committee shall take no further steps in relation to the draft scheme or order but shall, after consulting the bishop, consider whether to make new recommendations under section 6 or prepare a new draft scheme or order under section 7 [F2or request the Commissioners to do so] or take any further steps specified by the Commissioners.
(8)If the Commissioners do not refer the draft scheme or order to the mission and pastoral committee for further consideration as provided above, they shall return the draft scheme or order to the mission and pastoral committee to proceed with the draft scheme or order under section 9.
Textual Amendments
F1Words in s. 8(1) substituted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 2(5), 14(3); S.I. 2018/722, art. 3(b)
F2Words in s. 8(7) inserted (1.10.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 2(6), 14(3); S.I. 2018/722, art. 3(b)
Commencement Information
I1S. 8 in force at 1.7.2012 by S.I. 2012/1, art. 2