Church of England (Miscellaneous Provisions) Measure 2014

JurisdictionEngland & Wales
Citationmeasure 2014 No. 1


Church of England (Miscellaneous Provisions) Measure 2014

A Measure passed by the General Synod of the Church of England to amend section 67 of the Ecclesiastical Commissioners Act 1840; to amend section 25 of the Burial Act 1857; to amend section 5 of the Episcopal Endowments and Stipends Measure 1943; to amend the Church Commissioners Measure 1947; to amend the Parochial Church Councils (Powers) Measure 1956; to amend the Clergy Pensions Measure 1961; to amend sections 2 and 3 of the Ecclesiastical Jurisdiction Measure 1963; to amend section 3 of the Faculty Jurisdiction Measure 1964; to amend the Overseas and Other Clergy (Ministry and Ordination) Measure 1967; to amend the Synodical Government Measure 1969; to amend the Endowments and Glebe Measure 1976; to amend the Incumbents (Vacation of Benefices) Measure 1977; to amend the Patronage (Benefices) Measure 1986; to amend the Care of Churches and Ecclesiastical Jurisdiction Measure 1991; to amend the Cathedrals Measure 1999; to confer power on chancellors to determine fees; to extend the powers of the General Cemetery Company; to make provision for Christ Church, Oxford; to make provision for the tenure of office of vicars general and surrogates; to amend the Dioceses, Pastoral and Mission Measure 2007; to make minor and consequential amendments to other enactments; and for connected purposes.

[14th May 2014]

S-1 Amendment of the Ecclesiastical Commissioners Act 1840

1 Amendment of the Ecclesiastical Commissioners Act 1840

(1) In section 67 of the Ecclesi astical Commissioners Act 1840 (which provides for the application of the revenues of the Church Commissioners), the Proviso is repealed.

(2) Section 12 of the Ecclesiastical Commissioners Act 1860 and, in section 14, the words "the proviso at the end of the said section, or" are repealed.

S-2 Amendment of Burial Act 1857

2 Amendment of Burial Act 1857

For section 25 of the Burial Act 1857 there is substituted the following section-

"25 Offence of removal of body from burial ground

(1) It is an offence for a body or any human remains which have been interred in a place of burial to be removed unless one of the conditions listed in subsection (2) is complied with.

(2)The conditions referred to in subsection (1) are-

(a) the body or remains is or are removed in accordance with a faculty granted by the court;

(b)the body or remains is or are removed in accordance with the approval of a proposal under the care of cathedrals measure 2011 (no. 1)by the Cathedrals Fabric Commission for England or a fabric advisory committee;

(c) unless the body or remains is or are interred in land which is subject to the jurisdiction of the court or its or their removal requires or require the approval of a proposal under the Care of Cathedrals Measure 2011, the body or remains is or are removed under a licence from the Secretary of State and in accordance with any conditions attached to the licence.

(3) A person who removes a body or remains in contravention of subsections (1) and (2) is liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

(4) In subsection (2)(a) and (c) "court" means the consistory court of the diocese or, in the diocese of Canterbury, the commissary court of that diocese or any other court or body referred to in section 1(2) or (3) of the Ecclesiastical Jurisdiction Measure 1963 having jurisdiction to determine the matter.".

S-3 Amendment of Episcopal Endowments and Stipends Measure 1943

3 Amendment of Episcopal Endowments and Stipends Measure 1943

For section 5 of the episcopal endowments and stipends measure 1943 (6 & 7 geo. 6 no. 2), there is substituted the following section-

"5 Powers of Commissioners to pay expenses

Where a scheme is in force in respect of a see, the Commissioners may-

(a) pay the whole, or any part, of the stipend of any suffragan bishop or any chaplain to the bishop, and

(b) provide such amount, by way of annual sum or otherwise, in respect of the expenses of the bishop or any suffragan bishop in connection with the performance of the duties of their offices as the Commissioners think fit.".

S-4 Power of Church Commissioners and Pensions Board to enter into derivative contracts, etc.

4 Power of Church Commissioners and Pensions Board to enter into derivative contracts, etc.

(1) After section 6 of the church commissioners measure 1947 (10 and 11 geo. 6 no. 2) , there is inserted the following section-

"6A Further provisions relating to the Assets Committee

(1) The Commissioners may exercise their powers to make investments by entering into derivative contracts, derivative financial instruments and equity instruments and the function of the Assets Committee, under section 6(3)(a) above, to make, realise and change investments includes power to enter into any of those contracts or instruments.

(2) In subsection (1) above, "derivative contracts" means options, futures or contracts for differences, within the meaning which those expressions have for the purposes of the Corporation Tax Act 2009, and "derivative financial instruments" and "equity instruments" have the same meanings as in that Act.

(3) The Commissioners may, by regulations, amend subsection (1) above by adding other financial instruments to those listed in that subsection.

(4) A draft of any regulations proposed to be made shall be laid before the General Synod and, if they are approved by the General Synod with or without amendment, the draft regulations so approved shall be referred to the Commissioners.

(5) Where draft regulations are referred to the Commissioners under subsection (4) above-

(a) if they have been approved by the General Synod without any amendment, the Commissioners shall, by applying their seal, make the regulations;

(b)if they have been approved by the General Synod with amendments, the Commissioners may either-

(i) by applying their seal make the regulations as amended, or

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

and the regulations shall not come into force until they have been sealed by the Commissioners.

(6) Where the Business Committee of the General Synod determines that draft regulations 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 regulations to be debated, or

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

the draft regulations shall, for the purposes of subsections (4) and (5) above, be deemed to have been approved by the General Synod without amendment.

(7) The statutory instruments act 1946 (c. 36) applies to any regulations sealed by the Commissioners under subsection (5) above as if they were a statutory instrument and were made when sealed by the Commissioners, and as if this Measure were an Act providing that any such regulations were to be subject to annulment in pursuance of a resolution of either House of Parliament.".

(2) After section 32(1) of the clergy pensions measure 1961 (9 & 10 eliz. 2 no. 3) there are inserted the following subsections-

"(1A) The power of the Board to invest moneys in subsection (1)(a) above includes power to enter into derivative contracts, derivative financial instruments and equity instruments.

(1B) In subsection (1A) above, "derivative contracts" means options, futures or contracts for differences, within the meaning which those expressions have for the purposes of the Corporation Tax Act 2009 and "derivative financial instruments" and "equity instruments" have the same meanings as in that Act.

(1C) The Board may, by regulations, amend subsection (1A) above by adding other financial instruments to those listed in that subsection.

(1D) A draft of any regulations proposed to be made shall be laid before the General Synod and, if they are approved by the General Synod with or without amendment, the draft regulations so approved shall be referred to the Board.

(1E) Where draft regulations are referred to the Board under subsection (1D) above-

(a) if they have been approved by the General Synod without amendment, the Board shall, by applying their seal, make the regulations;

(b)if they have been approved with amendments, the Board may either-

(i) by applying their seal, make the regulations as amended, or

(ii) withdraw the regulations for further consideration in view of any amendment by the General Synod,

and the regulations shall not come into force until they have been sealed by the Board.

(1F) Where the Business Committee of the General Synod determines that draft regulations 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 regulations to be debated, or

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

the draft regulations shall, for the purposes of subsections (1D) and (1E) above, be deemed to have been approved by the General Synod without amendment.

(1G) The statutory instruments act 1946 (c. 36) applies to any regulations sealed by the Board under subsection (1E) above as if they were a statutory instrument and were made when sealed by the Board, and as if this Measure were an Act providing that any such regulations were to be subject to annulment in pursuance of a resolution of either House of Parliament.".

(3) Schedule 2 contains further amendments to the Church Commissioners Measure 1947 and the Clergy Pensions Measure 1961.

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