Church of England (Miscellaneous Provisions) Measure 2010
| Jurisdiction | UK Non-devolved |
| Citation | measure 2010 No. 1 |
| Year | 2010 |
Church of England (Miscellaneous Provisions) Measure 2010
A Measure to amend the New Parishes Measure 1943; to amend section 6 of the Church Commissioners Measure 1947; to amend section 2 of the Church Funds Investment Measure 1958; to amend section 21 of the Clergy Pensions Measure 1961; to amend section 2 of the Ecclesiastical Jurisdiction Measure 1963; to amend the Endowments and Glebe Measure 1976; to amend section 69 of the Pastoral Measure 1983; to amend Schedule 1 to the National Institutions Measure 1998; to amend section 24 of the Commons Act 2006; to make provision for gifts made to or for the benefit of the Church of England; to make provision for the status of corporate bodies of cathedrals and new provision with respect to canons in Christ Church cathedral; and for purposes connected therewith.
[18th March 2010]
1 Amendment of New Parishes Measure 1943
The New Parishes Measure 1943 (6 & 7 Geo. 6 No. 1) shall have effect subject to the amendments set out in Schedule 1.
2 Amendment of Church Commissioners Measure 1947
In section 6(3B)(a) of the Church Commissioners Measure 1947 (10 & 11 Geo. 6 No. 2) for the words "section 11(2)" there shall be substituted the words "paragraph (d)".
3 Amendment of Church Funds Investment Measure 1958
In section 2 of the Church Funds Investment Measure 1958 (6 & 7 Eliz. 2 No. 1) paragraph (a) and, in paragraph (d), the words "the Central Board or" are hereby repealed.
4 Amendment of Clergy Pensions Measure 1961
In section 21 of the Clergy Pensions Measure 1961 (9 & 10 Eliz. 2 No. 3) after subsection (10) there shall be inserted the following subsection-
"(10A) The Board shall have power to appoint such committees and may delegate to them such functions as they think fit and persons who are not members of the Board may be appointed to any such committee.".
5 Amendment of Ecclesiastical Jurisdiction Measure 1963
(1) Section 2 of the Ecclesiastical Jurisdiction Measure (1963 No. 1) shall be amended as follows-
(a) in subsection (2), immediately before the word "holds" there shall be inserted the word "who";
(b) in subsection (4), for the words "at which a Circuit Judge is obliged to vacate that office", in both places where they occur, there shall be substituted the words "of seventy years"; and
(c) for subsection (4A) there shall be substituted the following subsection-
"(4A) Where the bishop of a diocese considers that there are special circumstances which make it desirable in the interests of the diocese to retain the chancellor of the diocese in office after the date on which he would otherwise retire in accordance with subsection (4), he may from time to time authorise the continuance in office of the chancellor after that date for such period or further periods, not exceeding one year in all, as he may specify.".
(2) Subsection (1)(b) and (c) shall have effect in relation to any appointment of a chancellor made on or after 31st March 1995.
6 Amendment of Endowments and Glebe Measure 1976
The Endowments and Glebe Measure 1976 (1976 No. 4) shall be amended as follows-
(a) in section 20(2A), for the word "(6A)" there shall be substituted the word "(6B)", for the words "subsection (2)" there shall be substituted the words "subsections (1)(A) and (2)" and the words "or (2C)" shall be omitted; and
(b) in section 23(2), after the word "Commissioners" there shall be inserted the words ", where that consent was required to the acquisition of the building or land".
7 Amendment of Pastoral Measure 1983
Section 69 of the Pastoral Measure 1983 (1983 No. 1) shall be amended as follows-
(a) at the end of subsection (1), there shall be added the following words-
"Provided that, where an appeal has been brought against a draft scheme which implements the relevant recommendations, and Her Majesty in Council has not determined the appeal under section 9(4) or (6) within the period referred to in paragraph (d), that paragraph shall have effect as if that period had been extended to the date on which the decision on the appeal is delivered."; and
(b) at the end of subsection (3) there shall be added the following words-
"or, where the proviso to subsection (1) applies, the date on which the decision of Her Majesty in Council on the appeal is delivered".
8 Amendment of National Institutions Measure 1998
In Schedule 1 to the National Institutions Measure 1998 ( 1998 no. 1), after paragraph 4 there shall be inserted the following paragraph-
"4A(1) Elected members of the Council shall be elected in accordance with the Standing Orders of the General Synod.
(2) Subject to sub-paragraph (3) below, if an elected member ceases to be a member of the House of the General Synod which elected that member, the member shall cease to be a member of the Council.
(3) If an elected member ceases to be a member of the General Synod by virtue of the dissolution of that Synod, the member shall not cease to be a member of the Council by virtue of sub-paragraph (2) above, but if that member does not stand for re-election or is not re-elected to the General Synod an election to fill that member's place as a member of the Council shall be held in accordance with the Standing Orders of the General Synod.".
9 Gifts to the Church of England
Any gift which-
(a) is expressed as a gift to or for the benefit of the Church of England or expressed in words substantially to the like effect, and
(b) takes effect on or after the coming into force of this section,
shall, in the absence of any contrary intention, be construed and take effect as a gift to or for the benefit of the Archbishops' Council, but subject to any trusts or other conditions expressed in the instrument by which the gift is made.
10 Cathedrals
(1) It is hereby declared that the corporate body of a cathedral established under section 9(1)(a) of the Cathedrals Measure 1999 ( 1999 no. 1 ) is an ecclesiastical corporation for the purposes of section 96(2) of the charities act 1993 (c. 10) .
(2) For section 43 of the Cathedrals Measure 1963 (1963 No. 2) there shall be substituted the following section-
"43 Further provisions as to Oxford
(1) The bishop shall have power after consulting, first, the dean and then the dean and chapter, to appoint non-residentiary canons in the cathedral church of Christ in Oxford as follows-
(a) not more than 35 who are clerks in holy orders either of the Church of England or of a Church in communion with the Church of England,
(b) not more than 10 lay canons, being lay persons who are actual communicants within the meaning of the Church Representation Rules contained in Schedule 3 to the Synodical Government Measure 1969 and who, in the opinion of the bishop, have given distinguished service to the diocese of Oxford or to the cathedral church and who have an active commitment to and concern for the life of the cathedral church and its mission and service, and
(c) not more than 5 persons who shall be known as "ecumenical canons", being persons who are baptised and members in good standing of a Church (not in communion with the Church of England) which subscribes to the doctrine of the Holy Trinity.
(2) A non-residentiary canon appointed under subsection (1)(a) or under subsection (1) as originally enacted shall,...
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