Church of England (Miscellaneous Provisions) Measure 1983

JurisdictionUK Non-devolved
Citationmeasure 1983 No. 2


Church of England(Miscellaneous Provisions)Measure 1983

A MEASURE passed by The General Synod of the Church of England to amend the New Parishes Measure 1943, the Parsonages Measure 1938, the Parochial Church Councils (Powers) Measure 1956, the Ecclesiastical Judges and Legal Officers Measure 1976, and the Bishops (Retirement) Measure 1951; to make further provision with respect to the discharge of the functions of a bishop or archdeacon and the constitution of an Appeal Tribunal for the compensation of clergy; and to make provision for transferring a house and muniment room in Lichfield from the Registrar of Lichfield to the Diocesan Board of Finance; and for purposes connected therewith.

[9th May 1983]

S-1 Acquisition of churches and sites for church halls.

1 Acquisition of churches and sites for church halls.

(1) In section 13(1) of the New Parishes Measure 1943

( a ) for paragraph ( bb ) (use of a building as a church hall, etc.) there shall be substituted—

‘( bb ) any building to be used as a church hall or both as a church or other place of worship and as a church hall or any land for the site of a building to be so used or for enlarging the site of an existing building so used;’;

( b ) in paragraph ( e ) after the word ‘church’ there shall be inserted the words ‘church hall,’.

(2) For paragraphs ( a ) and ( b ) of section 16(3) of the said Measure (vesting of building or land acquired under section 13) there shall be substituted—

‘( a ) a building to be used as a church hall or both as a church or other place of worship and as a church hall;

( b ) land for the site of a building to be so used or for enlarging the site of an existing building so used;

( bb ) land required for providing access to or for improving the amenities of a building which is to be, or is, so used;’.

(3) In section 23(2) of the Endowments and Glebe Measure 1976 (appropriation of diocesan glebe land) for the words from ‘that is to say’ to the end there shall be substituted ‘(provision of building or land for use as a church hall or for use both as a place of worship and as a church hall, etc.)’.

S-2 Power to grant land if benefice vacant.

2 Power to grant land if benefice vacant.

(1) After section 14(1) of the New Parishes Measure 1943 (power of corporations, etc., to grant land for sites of churches, etc.) there shall be inserted—

(1A) During a vacancy in a benefice the power under subsection (1) of this section which would have been exercisable by the incumbent of the benefice had the benefice been full, shall be exercisable by the bishop.’.

(2) For section 14(2) of the said Measure (disposal of proceeds where grantor is incumbent) there shall be substituted—

(2) Where the grantor is the incumbent of a benefice in his capacity as such, or where during a vacancy in a benefice the grantor is the bishop, the purchase money shall be paid to the Church Commissioners and shall be appropriated by them for the benefit of the diocesan stipends fund.’.

S-3 Diocesan authority.

After section 16(4) of the New Parishes Measure 1943 there shall be inserted—

(5) In this section ‘diocesan authority’ means the body which is for the time being authorised by the relevant diocesan synod to act as trustees of the trust property of the diocese or, if there is no such body, the diocesan board of finance.’.

S-4 Powers of selling parsonage houses, etc.

4 Powers of selling parsonage houses, etc.

At the end of section 1(4) of the Parsonages Measure 1938there shall be inserted the words ‘and in respect of any property belonging to a benefice, being property which consists of an outbuilding, garden or orchard of a house which has been sold or otherwise disposed of under this Measure, and any land contiguous to, or appurtenances enjoyed with, such a house or any part of such property.’.

S-5 Functions of parochial church councils.

5 Functions of parochial church councils.

In section 2 of the Parochial Church Councils (Powers) Measure 1956(which requires the incumbent and parochial church council to consult together on certain matters and provides for the functions of such councils), for the word ‘incumbent’, in both places where that word occurs, there shall be substituted the word ‘minister’.

S-6 Appointment of registrar of a province.

6 Appointment of registrar of a province.

(1) In section 3(3) of the Ecclesiastical Judges and Legal Officers Measure 1976 (archbishop to appoint registrar of the province but before making appointment to consult standing committee of the General Synod), the words from ‘but’ to the end are hereby repealed.

(2) At the end of the said section 3 there shall be inserted—

(5) Where any person to be appointed to such office is to perform such of the functions mentioned in subsection (2) above as consist of functions conferred or imposed on the registrars of the General Synod or either of them or functions relating to or connected with the election or choice of members of the Convocation of Canterbury or York or the House of Laity of the General Synod, the archbishop by whom that person is to be appointed shall before making the appointment consult the standing committee of the General Synod.’.

S-7 Retirement of certain bishops.

7 Retirement of certain bishops.

(1) In section 3 of the Bishops (Retirement) Measure 1951 (retirement of bishop if change of administration is desirable), for the words ‘by whom he is commissioned’ there shall be substituted the words ‘to whom he is suffragan’.

(2) In section 11 of the said Measure (bishops to whom the Measure applies), for the words ‘commissioned by’ there shall be substituted the words ‘suffragan to’.

(3) In section 16(1) of the said Measure (interpretation) in the definition of ‘the archbishop’ for the words ‘by whom he is commissioned’ there shall be substituted the words ‘to whom he is suffragan’.

S-8 Discharge of certain functions of bishop.

8 Discharge of certain functions of bishop.

(1) If—

( a ) the bishop of a diocese has executed an irreversible deed of resignation as bishop or the bishop considers that he will be unable to discharge any or all of his functions by reason of illness or absence from his diocese, and

( b ) there is no person in episcopal orders in the diocese who is for the time being authorised to discharge the functions of the bishop,

the bishop may by an instrument under his hand delegate to a person in episcopal orders who is a member of the Church of England without the consent of the diocesan synod but after consultation with the bishop's council and standing committee unless the bishop is unable to consult the bishop's council and standing committee by reason of his illness such of his functions as may be specified in the instrument...

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