The Ecclesiastical Offices (Terms of Service) Regulations 2009

Maternity, paternity, parental and adoption leave and time spent on public duties

Entitlement to maternity, paternity, parental and adoption leave

23.—(1) An office holder shall be entitled to maternity, paternity, parental and adoption leave and time off work to care for dependants in accordance with directions given by the Archbishops’ Council, in the exercise of its functions as the Central Stipends Authority, and any directions given by the Council under this paragraph may—

(a) provide for the payment of his or her stipend during any such periods of leave,

(b) impose conditions on any such entitlement, and

(c) impose requirements as to the procedures for applying for any such entitlement.

(2) In giving any directions under paragraph (1) above the Council shall have regard to the corresponding rights given to employees under Part VIII of the Employment Rights Act 1996(1).

(3) A draft of any directions proposed to be made by the Archbishops’ Council under this regulation shall be laid before the General Synod and, if they are approved by the General Synod, whether with or without amendment, the draft directions as so approved shall be referred to the Archbishops’ Council.

(4) Where the draft directions are referred to the Archbishops’ Council under paragraph (3) above then—

(a) if they have been approved by the General Synod without any amendment, the Archbishops’ Council shall, by applying its seal, make the directions;

(b) if they have been approved by the General Synod with amendment, the Archbishops’ Council may either—

(i) by applying its seal make the directions as so amended, or

(ii) withdraw the draft directions for further consideration in view of any amendment by the General Synod;

and the directions shall not come into force until they have been sealed by the Archbishops’ Council.

(5) Where the Business Committee of the General Synod determines that draft directions 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 or she wishes the draft directions to be debated, or

(b) notice is give by any such member that he or she wishes to move an amendment to the draft directions,

the draft directions shall, for the purposes of paragraphs (3) and (4) above, be deemed to have been approved by the General Synod without amendment.

(6) The Statutory Instruments Act 1946(2) shall apply to any directions sealed by the Archbishops’ Council under paragraph (4) above as if they were a statutory instrument and were made when sealed by the Archbishops’ Council and as if these regulations were an Act providing that any such directions shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Right to time spent on public duties

24.—(1) An office holder may, subject to paragraph (2) below, spend time on public duties other than the duties of his or her office.

(2) The amount of time which an office holder may spend on public duties under this regulation, the occasions on which and any conditions subject to which the time may be spent, are those that are reasonable in all the circumstances, having regard, in particular, to—

(a) how much time is required for the performance of the particular public duty;

(b) how much time has already been spent on public duties under this regulation;

(c) the nature of the office and its duties and the effect of the absence of the office holder on the performance of the duties of the office; and

(d) any remuneration which the office holder is entitled to receive in connection with the duties of the office.

(3) In the event of any dispute as to any of the matters referred to in sub-paragraph (2) above, the matter shall be determined by the diocesan bishop or, in the case of an office holder who is a diocesan bishop, the archbishop of the province in which the diocese is situated.

(4) In this regulation “public duties” means—

(a) any work done for a public authority, including membership of a court or tribunal, or for a charity within the meaning of the Charities Act 2006(3) or an incorporated or a registered friendly society, and

(b) any work done in connection with the activities of an independent trade union representing office holders of a description which includes the person in question.

Right to time off for ante-natal care

25.—(1) An office holder who—

(a) is pregnant, and

(b) has, on the advice of a registered medical practitioner, registered midwife or registered health visitor, made an appointment to attend at any place for the purpose of receiving ante-natal care,

is entitled to take time off during her working hours in order to enable her to keep the appointment.

(2) As soon as is reasonably practicable after the office holder’s pregnancy is confirmed, she shall notify the officer of the diocese nominated under regulation 3(1)(a) above.

Payment of stipend during time off or time spent on public duties

26.—(1) An office holder who takes any time off or spends time on public duties to which he or she is entitled under regulations 24 or 25 above and who is, under the terms of his or her service, entitled to the payment of a stipend, shall not suffer any reduction in his or her stipend during the time off or time spent on public duties, as the case may be, except, in the case of time spent on public duties, such reduction, if any, as may be specified in the statement of particulars of office given under regulation 3 above (including any statement of changes given under regulation 6 above).

(1)

1996 c.18.

(2)

1946 c..36.

(3)

2006 c.50.