Ecclesiastical Offices (Terms of Service) Measure 2009

JurisdictionUK Non-devolved
Citationmeasure 2009 No. 1
Year2009
the Archbishops of Canterbury and York;any diocesan bishop;any suffragan bishop;any dean, residentiary canon or other person in holy orders holding a stipendiary office in a cathedral F12other than the office under section 13(1) of the Cathedrals Measure 2021 (interim dean) ;any archdeacon;any incumbent;any person in holy orders who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised issued under any Canon of the Church of England; andany deaconess, reader or lay worker who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised issued under any Canon of the Church of England and who receives a stipend or other emoluments of office (including the provision of accommodation) in respect of his or her office,who—in the case of any such person as is referred to in paragraphs (a) , (g) and (h) above, holds office on or is appointed to his or her office after the coming into force of this section,in the case of any residentiary canon appointed for a term of years, holds office on the coming into force of this section, andin the case of any other person referred to in this subsection, holds office on the coming into force of this section and has agreed to the application of this Measure to him or her in accordance with subsections (4) and (5) below or is appointed to his or her office after the coming into force of this section.(1A) The reference in subsection (1) (h) to emoluments of office does not include a reference to fees which, pursuant to a decision of the Diocesan Board of Finance, have been paid to a deaconess, reader or lay worker in respect of a matter set out in Schedule A1 to the Ecclesiastical Fees Measure 1986.(2) Any person to whom this Measure applies shall hold his or her office in accordance with terms of service specified in Regulations.(3) The terms of service under which persons to whom this Measure applies hold office shall be known as Common Tenure.each archbishop shall notify, in writing, every diocesan bishop holding office in his province on that date, andeach diocesan bishop shall notify, in writing, each suffragan bishop and every person referred to in subsection (1) (d) to (f) above (other than a person referred to in sub-paragraph (ii) of that subsection) holding office in his diocese on that date,(5) As soon as the archbishop or, as the case may be, the bishop has received a declaration in accordance with subsection (4) above this Measure shall, with immediate effect, apply to the person who made the declaration and that person shall be informed, in writing, accordingly.(1) The Archbishops' Council shall, in accordance with the following provisions of this section, by Regulations make provision for the terms of service of persons holding office under Common Tenure (in this Measure referred to as “office holders”) .provide, in such circumstances as may be specified in the Regulations, for appointments of limited duration;confer rights and obligations on office holders and other persons and bodies, including protection for office holders against unfair dismissal;provide for the terms on which housing is provided for office holders and for the respective rights, powers and obligations of office holders and the providers of housing to them;provide for procedures to assess the performance of office holders, including remedies for inadequate performance;provide for rights of review or appeal and the use of employment tribunals to adjudicate on disputes;provide for specified persons or bodies to be responsible for bringing or defending proceedings and for the payment of costs, expenses and compensation; andprovide for different cases and circumstances and contain transitional, incidental and consequential provisions.(2A) Regulations may provide for the exercise of a discretion.(3) Regulations may apply, amend or adapt any enactment or instrument.(4) If Regulations make provision, in accordance with subsection (2) (e) above, for the use of employment tribunals, the tribunals shall have jurisdiction in respect of proceedings for which the Regulations make provision and section 2 of the Employment Tribunals Act 1996 (c. 17) shall have effect as if the jurisdiction conferred thereby included jurisdiction conferred by or under a Measure.(5) 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, whether with or without amendment, the draft Regulations as so approved shall be referred to the Archbishops' Council.if they have been approved by the General Synod without any amendment, the Archbishops' Council shall, by applying its seal, make the Regulations;by applying its seal make the Regulations as so amended, orwithdraw the draft Regulations for further consideration in view of any amendment by the General Synod;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, ornotice is so given by any such member that he or she wishes to move an amendment to the draft Regulations,(8) The Statutory Instruments Act 1946 (c. 36) shall apply to any Regulations sealed by the Archbishops' Council under subsection (6) above as if they were a statutory instrument and were made when sealed by the Archbishops' Council, and as if this Measure were an Act providing that

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