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Church of England (Miscellaneous Provisions) Measure 2018

Consolidated Text As Enacted Cited authorities 80 Cited in Amendments 30 Related
Vincent
JurisdictionUK Non-devolved
Citationmeasure 2018 No. 7
Year2018
  • The Church Commissioners may make grants out of their general fund to the Archbishops' Council for the purposes of the Council's functions.
    • (1) Where immediately before the commencement of this section an individual register of title contains an inhibition reflecting the requirement of section 99 of the Land Registration Act 1925 (Church Commissioners' certificate) , the proprietor of the title may apply for the inhibition to be replaced with a restriction in Form D in Schedule 4 to the Land Registration Rules 2003 (S.I. 2003/1417) (as amended or replaced from time to time) .(2) In that Schedule, for Form D (dispositions of church land etc.) substitute—
    • Form D (parsonage, diocesan glebe, church or churchyard land) No disposition of the registered estate is to be registered unless the instrument giving effect to the disposition contains either certificate (a) or certificate (b) —
    • (a) the disposition [choose one of the bulleted clauses]
      • is made in accordance with the Parsonages Measure 1938;
      • is made in accordance with section 14 of the New Parishes Measure 1943;
      • is made in accordance with section 17 of the New Parishes Measure 1943;
      • is made in accordance with the Endowments and Glebe Measure 1976;
      • falls within section 117(3) (a) of the Charities Act 2011;
      • is made under the authority of a faculty granted under the common law power referred to in In re St. Mary Magdalene's Paddington 1980 Fam.99;
      • is made in accordance with [specify other Act, Measure or authority];
    • (b) the Church Commissioners are a party to the instrument and have applied their seal to it.
    the disposition [choose one of the bulleted clauses]
    • is made in accordance with the Parsonages Measure 1938;
    • is made in accordance with section 14 of the New Parishes Measure 1943;
    • is made in accordance with section 17 of the New Parishes Measure 1943;
    • is made in accordance with the Endowments and Glebe Measure 1976;
    • falls within section 117(3) (a) of the Charities Act 2011;
    • is made under the authority of a faculty granted under the common law power referred to in In re St. Mary Magdalene's Paddington 1980 Fam.99;
    • is made in accordance with [specify other Act, Measure or authority];
    the Church Commissioners are a party to the instrument and have applied their seal to it.the registered proprietor of the title, ora person entitled to be registered as the proprietor of the title.must be made to the Chief Land Registrar,must specify the title number to which the application relates,must specify the form of the restriction sought and explain why the applicant considers that to be the appropriate form of restriction to apply, andwhere the applicant is not the registered proprietor but is entitled to be such, must be accompanied by evidence to satisfy the Chief Land Registrar of that entitlement.(5) No fee may be charged for an application under subsection (1) .(6) If the application is in order, the Chief Land Registrar must make the replacement sought.(7) In rule 93 of the Land Registration Rules 2003 (persons having sufficient interest to apply for restriction) , in paragraph (g) , after “applying for a restriction” insert “ in Form D ”.(8) The amendments made by this section to the Land Registration Rules 2003 do not affect the power to make further rules amending or revoking the provision made by those amendments.
  • In section 20 of the Marriage Act 1949 (licensing public chapel for publication of banns and solemnization of marriages) , after subsection (7) insert—
    • In the case of a benefice to which a suspension period within the meaning of the Mission and Pastoral Measure 2011 applies and for which a priest in charge has been appointed, this section has effect as if each reference to the incumbent were a reference to the priest in charge.the persons concerned have asked the clerk to perform the service, andthe clerk has, so far as practicable, informed the relevant minister and sought his or her goodwill.the persons concerned have asked the lay office-holder to perform the service, andthe lay office-holder has, so far as practicable, informed the relevant minister and sought his or her goodwill.(1B) The reference in subsection (1A) to the incumbent or priest-in-charge of the benefice or parish is, where there is no such person, to be read as a reference to the rural dean of the deanery in which the benefice or parish is situated.the minister of the parish on whose electoral roll the deceased's name was entered, orif the deceased's name was not entered on the electoral roll of a parish or the persons concerned do not know whether it was, the minister of the parish which included the deceased's usual place of residence.(3) The performance of a funeral service in accordance with subsection (1) F4or (1A) does not require the consent, and is not subject to the control, of the minister of the parish in which the service is performed.(4) In F5subsections (1) and (1A) , “church” and “churchyard” each have the same meaning as they have in relation to a funeral service in the Ecclesiastical Fees Measure 1986 (see section 10 of that Measure) .(5) In section 2 of the Church of England (Miscellaneous Provisions) Measure 1992 (conduct of funeral services) , in subsection (2) , after “may perform” insert “ or arrange the performance of ”.(6) In subsection (4) of that section, after “be under the same obligation” insert “ (subject to subsection (4A) ) ”.(7) After that subsection insert—
    • “(4A) Each of the following may perform a funeral service under an arrangement made under subsection (2) or (4) —
    • (a) a clerk in Holy Orders who is authorised to officiate in accordance with the Canons of the Church of England;
    • (b) a duly authorised deaconess, reader or lay worker.
    a clerk in Holy Orders who is authorised to officiate in accordance with the Canons of the Church of England;a duly authorised deaconess, reader or lay worker.(8) The first rubric at the beginning of the Order for the Burial of the Dead in the Book of Common Prayer (which notes that the Order may not be used if the deceased is unbaptised, excommunicate or a suicide of sound mind) is omitted.

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