Church of England (Miscellaneous Provisions) Measure 1976

JurisdictionUK Non-devolved
Citationmeasure 1976 No. 3


Church of England(Miscellaneous Provisions)Measure 1976

A MEASURE passed by the General Synod of the Church of England to enable provision to be made by Canon with respect to certain declarations made and subscribed and other matters required on ordination and admission to office in the Church of England and to repeal the enactments relating to those matters; to enable provision to be made by Canon with respect to licensing of assistant curates for fixed terms; to replace section 85 of the Pastoral Measure 1968; to dispense with periodical episcopal visitations of cathedrals; to amend section 1 of the Benefices (Sequestrations) Measure 1933; to amend the law relating to the burial of certain persons in parish burial grounds; to repeal section 13 of the Burnley Rectory Act 1890; and for purposes connected with the matters aforesaid.

[15th November 1976]

S-1 Provision by Canon with respect to declarations and other matters required on ordination and admission to office.

1 Provision by Canon with respect to declarations and other matters required on ordination and admission to office.

(1) Subject to subsection (2) below, it shall be lawful for the General Synod to make provision by Canon for dispensing with or modifying any formal procedure or document required on the occasion of ordination or admission to any office in the Church of England, and in particular for dispensing with the making of the declarations heretofore prescribed by sections 2 and 3 of the Clerical Subscription Act 1865 (declarations known as ‘the declaration against simony’ and ‘the stipendiary curate's declaration’), the reading of the form called Si Quis and the certification thereof, the exhibiting of Letters Testimonial, and the issue of deeds of institution and Letters Mandatory and mandates for induction.

(2) Subsection (1) above shall not apply in relation to any declaration of assent to the doctrine of the Church of England which by any Canon made in pursuance of section 2 of the Church of England (Worship and Doctrine) Measure 1974 any person is required to make on any occasion.

(3) Section 3 of the Submission of the Clergy Act 1533 (which provides that no Canons shall be contrary to the Royal Prerogative or the customs,laws or statutes of this realm) shall not apply to any rule of ecclesiastical law relating to any matter for which provision may be made by Canon in pursuance of this section.

(4) In this section ‘ordination’ includes consecration as a bishop; and ‘admission’ to an office includes every step in the procedure by which a person comes into full possession of the office.

(5) The power to make Canons in pursuance of this section shall be exercisable before the day on which this Measure comes into operation, but no such Canon shall come into operation before that day.

(6) If a Canon made in pursuance of this section dispenses with the making of the declarations mentioned in subsection (1) above, then, on the day on which that Canon comes into operation the enactments specified in Part I of the Schedule to this Measure shall be repealed to the extent specified in column 3 of that Schedule.

S-2 Provision by Canon with respect to licensing of assistant curate for fixed term.

2 Provision by Canon with respect to licensing of assistant curate for fixed term.

(1) It shall be lawful for the General Synod to make provision by Canon for empowering the bishop of a diocese—

( a ) to grant a licence to an assistant curate to minister in any parish or conventional district in his diocese for such term of years as may be specified in the licence; and

( b ) to revoke such a licence summarily and without further process before the expiration of the term so specified for such cause and subject to such conditions as the Canon may provide.

(2) Where in pursuance of a Canon made under subsection (1) above a licence is granted to an assistant curate to minister in a parish or conventional district for a term of years specified in the licence—

( a ) the incumbent of the benefice in which that curate is licensed to minister may exercise his right under and in accordance with section 95 of the Pluralities Act 1838 to give that curate notice to quit his curacy before the expiration of that term; and

( b ) that curate may quit his curacy before the expiration of that term but only in accordance with section 97 of that Act.

(3) The power to make Canons in pursuance of this section shall be exercisable before the day on which this Measure comes into operation, but no such Canon shall come into operation before that day.

S-3 Appointment of deputy to perform certain functions of bishop.

3 Appointment of deputy to perform certain functions of bishop.

(1) If the bishop of a diocese considers that he will be unable to carry out any or all the functions to which this section applies by reason of illness or absence from his diocese, he may appoint by an instrument under his hand a suffragan bishop, assistant bishop or archdeacon of the diocese to perform that or those functions, as the case may be, for a period specified in the instrument or for the period of his illness or absence.

(2) Where a see is vacant, or the bishop of a diocese is unable by reason of illness or absence from his diocese to make an appointment under subsection (1) above, the archbishop of the province may appoint by an instrument under his hand a suffragan bishop, assistant bishop or archdeacon of the diocese to perform any or all of the functions to which this section applies for a period specified in the instrument, and if that archbishop is unable by reason of illness or absence from his province to make an appointment under this subsection or if the see of that archbishop is vacant, the appointment may be made by the senior bishop of the province to which the diocese in question belongs.

(3) Where a see is vacant any function of the bishop of the diocese to which this section applies shall be performed by the person who is duly appointed under subsection (2) above to perform that function or, if no person is so appointed, by the guardian of the spiritualities.

(4) A power of appointment under this section may be exercised by the appointment of two or more persons qualified for such appointment and the division among them, whether territorially or otherwise, of the function or functions to be performed.

(5) Where any function to which this section applies requires the application of the bishop's seal to a document, the document shall be issued as a deed executed by the person authorised by...

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