SCHEDULES

SCHEDULE 3CONSEQUENTIAL AMENDMENTS

PART 2PROCEDURAL RULES

Ecclesiastical Jurisdiction (Discipline) Rules 1964 (S.I. 1964/1755)

I124

The Ecclesiastical Jurisdiction (Discipline) Rules 1964 are amended as follows.

I225

In rule 2(1) (interpretation)—

a

in the definition of “the Dean of the Arches and Auditor”, for “section 4 of the Measure” substitute “ section 12 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”,

b

in the definition of “the judge of the consistory court”, for “section 4 of the Measure” substitute “ section 4 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.

I326

The following are revoked—

a

rules 5 to 18 (proceedings against priest or deacon for offence not involving doctrine etc.);

b

rules 19 to 28 (proceedings against bishop for offence not involving doctrine etc.);

c

rules 39 to 43 (appeal from consistory court);

d

rule 52 (deprivation following proceedings in secular court);

e

Forms 8 to 28 and 38 to 41.

Patronage (Benefices) Rules 1987 (S.I. 1987/773)

I427

In rule 1(1) of the Patronage (Benefices) Rules 1987 (interpretation), in the definition of “A Fees Order”, for “Part II of the Ecclesiastical Fees Measure 1986” substitute “ section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.

Patronage (Appeals) Rules 1988 (S.I. 1988/1980)

I528

In rule 2(1) of the Patronage (Appeals) Rules 1988 (interpretation), in the definition of “Fees Order”, for “Part II of the Ecclesiastical Fees Measure 1986” substitute “ section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.

Care of Places of Worship Rules 1999 (S.I. 1999/2111)

I629

The Care of Places of Worship Rules 1999 are amended as follows.

I730

In rule 2 (interpretation)—

a

in the definition of “application”, for “the Measure” substitute “ sections 38 to 44 of the 2018 Measure ”, and

b

after the definition of “the Measure” insert

;

“the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018

I831

In rule 8 (removal from list: supplementary provisions), for “section 2(2) of the Measure” substitute “ section 42(3) of the 2018 Measure ”.

I932

Rule 9 (guidance by diocesan chancellors) is revoked.

I1033

1

Part 1 of the Schedule (material required in connection with applications for inclusion in the list) is amended as follows.

2

In paragraph 3 (entitlement to make application)—

a

for “paragraph 1 of Schedule 1 to the Measure” substitute “ section 40 of the 2018 Measure ”, and

b

for “that paragraph” substitute “ that section ”.

3

In paragraph 6 (relevant category), for “section 1(2) of the Measure” substitute “ section 38(2) of the 2018 Measure ”.

4

In paragraph 7 (use of adjoining building as vestry or sacristy), for “section 1(3) of the Measure” substitute “ section 39(1) of the 2018 Measure ”.

5

In paragraph 8 (inclusion of curtilage etc.), for “section 1(4) of the Measure” substitute “ section 39(2) of the 2018 Measure ”.

6

In paragraph 9 (map or plan)—

a

in paragraph (c), for “section 1(3) of the Measure” substitute “ section 39(1) of the 2018 Measure ”, and

b

in paragraph (d), for “section 1(4) of the Measure” substitute “ section 39(2) of the 2018 Measure ”.

7

In paragraph 12 (objects and structures), for “paragraph 3 of Schedule 1 to the Measure” substitute “ section 44(1) of the 2018 Measure ”.

I1134

1

Part 2 of the Schedule (material required in connection with applications not for inclusion in the list) is amended as follows.

2

In paragraph 13 (name of diocese), for “is deemed pursuant to section 6(3) of the Measure to be situated” substitute “ is treated by section 95(5) of the 2018 Measure as being situated ”.

3

In paragraph 16 (consent)—

a

for “paragraph 2 of the Schedule 1 of the Measure” substitute “ section 41 of the 2018 Measure ”, and

b

for “paragraph 2(6)” substitute “ subsection (1) or (2) of that section ”.

4

In paragraph 17 (shared churches)—

a

for “section 1(2)(e) of the Measure” substitute “ section 38(2)(e) of the 2018 Measure ”, and

b

for “paragraph 2(4) of Schedule 1 to the Measure” substitute “ section 41(9) of the 2018 Measure ”.

5

In paragraph 18 (undertaking), for “the Measure” substitute “ sections 38 to 44 of the 2018 Measure ”.

6

In paragraph 19 (statement of eligibility), for “paragraph (a), (b) or (c) of section 1(5) of the Measure” substitute “ section 38(3)(a), (b) or (c) of the 2018 Measure ”.

Care of Cathedrals Rules 2006 (S.I. 2006/1941)

I1235

1

Rule 24 of the Care of Cathedrals Rules 2006 (procedure of Commission of Review and orders as to costs) is amended as follows.

2

In paragraph (4)(a), for “the Ecclesiastical Fees Measure 1986” substitute “ section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.

3

In paragraph (5)—

a

for “Sections 60(3) and 61 of the Ecclesiastical Jurisdiction Measure 1963” substitute “ Subsections (2)(b) to (d), (7) and (8) of section 26 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”, and

b

for “section 60 of the said Measure” substitute “ that section ”.

Faculty Jurisdiction Rules 2015 (S.I. 2015/1568)

I1336

The Faculty Jurisdiction Rules 2015 are amended as follows.

I1437

1

In rule 2.2 (interpretation), paragraph (1) is amended as follows.

2

In the definition of “costs”, for “section 13(1)” substitute “ section 69(2) ”.

3

In the definition of “injunction”, for “section 13(4)” substitute “ section 71 ”.

4

In the definition of “the Measure” for “the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “ the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”.

5

In the definition of “minister”, for “the Measure” substitute “ Part 4 of the Measure (see section 80(1) of that Measure) ”.

6

In the definition of “national amenity society”, for “the Measure” substitute “ Part 3 of the Measure (see section 55(1) of that Measure) ”.

7

In the definition of “relevant person or body”—

a

for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”, and

b

for “by virtue of paragraph 1 of Schedule 1 to that Measure” substitute “ under section 40 of the Measure ”.

8

In the definition of “restoration order”, for “section 13(5)” substitute “ section 72 ”.

I1538

In rule 2.2, in paragraph (5)—

a

for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”, and

b

in sub-paragraph (a), for “section 1(4) of that Measure” substitute “ section 39(2) of the Measure ”.

I1639

In rule 3.1 (matters not requiring a faculty: interpretation), in paragraph (5)(b), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”.

I1740

In rule 3.4 (additional matters which may be undertaken without a faculty), in paragraph (1), for “section 18C(1)” substitute “ section 78(1) ”.

I1841

In rule 3.5 (excluded matters: general), in paragraph (1)(k), for “section 3 of the Faculty Jurisdiction Measure 1964” substitute “ section 66 of the Measure ”.

I1942

1

Rule 3.6 (excluded matters orders) is amended as follows.

2

In paragraph (1), for “section 18C(3)” substitute “ section 78(3) ”.

3

In paragraph (3), for “section 4(1) of the Measure” substitute “ section 49 of the Measure (see subsections (1) and (2) of that section) ”.

I2043

In each of the following provisions in Part 5 (faculty proceedings), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”

a

in rule 5.2 (persons who may submit petition), paragraph (2)(c);

b

in rule 5.3 (form of petition), paragraph (2);

c

in rule 5.5 (information to accompany petition), paragraph (2).

I2144

In rule 5.5 (documents etc. to accompany petition), in paragraph (4), for “section 17(2) or (3)(a)” substitute “ section 62(2) or (3) ”.

I2245

In rule 6.2 (form of public notice), in paragraph (2), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”.

I2346

1

Rule 8.1 (removal of article to place of safety) is amended as follows.

2

In each of paragraphs (1) and (2), for “section 21” substitute “ section 53 ”.

3

In paragraph (2)(a), for “section 21(2)” substitute “ section 53(3)(a) ”.

I2447

In rule 10.1 (objections to faculty petition: interested persons), in paragraph (2), for “section 1(1) of the Care of Places of Worship Measure 1999” substitute “ section 38(1) of the Measure ”.

I2548

In rule 19.4 (special citation of persons in default), in paragraph (2)(a), for “section 13(1)” substitute “ section 69 ”.

I2649

In rule 21.2 (appeals: interpretation), omit each of the following—

a

the definition of “interim order”;

b

the definition of “permission to appeal”.

I2750

In Schedule 1 (matters which may be undertaken without a faculty), in Table 2 (List B), in each of the following items, for “section 1(2) of the Inspection of Churches Measure 1955” substitute “ section 45(2) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”

a

item B1(1) (church building: routine maintenance etc.);

b

item B5(3) (churchyard: routine maintenance etc. of walls).

I2851

In Schedule 3 (forms), in each of the following forms, in the parenthetical words following the heading, for “Care of Places of Worship Measure 1999” substitute “ section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”

a

Form 1B (standard information);

b

Form 3B (petition for faculty);

c

Form 4B (public notice).