Parsonages Measure 1938 (repealed)

15 Rules. E

(1) [F1 The Church Commissioners] shall make rules for prescribing anything which is to be prescribed hereunder, and generally for carrying this Measure into effect, and such rules shall (without prejudice to the generality of the foregoing provisions)—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(ii) contain appropriate provisions as to the notice to be given in any case where a [F3 registered] patron is subject to any incapacity or where there is any difficulty in determining who is the [F3 registered] patron of any benefice, or where for any other reason notice cannot practicably be given to the [F3 registered] patron personally; and

(iii) provide for any notice required by this Measure, or consideration of objections, or other proceedings consequent on such notice being, by the direction of [F1 the Church Commissioners], dispensed with in cases of urgency, with the consent of the [F3 registered] patron and the parochial church council.

(2) No Rule made by [F1 the Church Commissioners] in pursuance of this Measure shall come into force until it has been submitted for approval to and approved by the [F4 General Synod]

(3) Every rule purporting to be made by [F1 the Church Commissioners] and approved by the [F4 General Synod] in pursuance of this section shall forthwith be laid before both Houses of Parliament, and if either House of Parliament within the next subsequent twenty-eight days on which that House has sat resolves that any such rule shall be annulled, such rule shall forthwith be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new rule,

(4) Prima facie evidence of any rule made by [F1 the Church Commissioners] and approved by the [F4 General Synod] under this Measure may be given by producing a copy of such rule containing a statement that the same has been approved by the [F4 General Synod] sealed with the common seal of [F1 the Church Commissioners] or certified to be a true copy under the hand of the Secretary for the time being of [F1 the Church Commissioners].

[F5 (5) Any rules made under this section shall be laid before the General Synod and shall not come into force until they have been approved by the General Synod, whether with or without amendment.

(6) Where the Business Committee determines that rules made under this section do not need to be debated by the General Synod then, unless—

(a) notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the rules to be debated, or

(b) notice is so given by any such member that he wishes to move an amendment to the rules,

the rules shall for the purposes of subsection (5) above deemed to have been approved by the General Synod without amendment.

(7) The Statutory Instruments Act 1946 shall apply to any rules approved by the General Synod under this section as if they were a statutory instrument and as if this Measure were an Act providing that any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

F2 S. 15(1)(i) repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1)(2), Sch. 4 para. 6, Sch. 5

F3 Word inserted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 6

F4 Words substituted by virtue of Synodical Government Measure 1969 (No. 2), s. 2(1)

F5 S. 15(5)(6)(7) inserted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 10; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York