Pastoral (Amendment) Measure 1982
| Jurisdiction | UK Non-devolved |
| Citation | measure 1982 No. 1 |
| Year | 1982 |
Pastoral (Amendment)Measure 1982
A MEASURE passed by the General Synod of the Church of England to amend the Pastoral Measure 1968 and make provision for enabling that Measure to be extended to the Isle of Man, to make provision for enabling a new body to be established to replace the Advisory Body for Redundant Churches and the Redundant Churches Fund and to amend section 5(3) of the Parsonages Measure 1938.
[23rd July 1982]
Part I
Amendments of the Pastoral Measure 1968
Procedure for making pastoral schemes and orders
1 Duties of Pastoral Committees.
(1) In the Pastoral Measure 1968, (general duties of Pastoral Committee), for the words ‘or agreed with the bishop’ there shall be substituted the words ‘the bishop or as the Committee consider necessary’, and the words ‘Part II or Part III of’ shall be omitted.
(2) After section 2(1) of the Measure there shall be inserted—
(1A) Where the Pastoral Committee decide on their own initiative to review the arrangements for pastoral supervision in the diocese or a part thereof, they shall consult the bishop and give him particulars of the matters which they intend to consider and of the benefices which will be affected.’
(3) After section 2(2) of the Measure (matters to which the Committee must have regard), there shall be inserted—
(3) The diocesan synod may from time to time indicate to the Pastoral Committee any matters of diocesan policy to which the Committee shall also have regard.’.
2 Formulation, etc. of draft proposals.
For section 3 of the Measure there shall be substituted the sections set out in Part I of Schedule 1 to this Measure.
3 Amendment of proposals, etc.
(1) In section 4(1) of the Measure (amendment of proposals), for the words from ‘may’ to the end there shall be substituted the words ‘the bishop, in consultation with the Pastoral Committee, shall consider any comments made by the Commissioners with respect to any of the proposals’.
(2) In section 4(2) of the Measure (cases in which the Commissioners must consult the Advisory Board), after paragraph ( b ) there shall be inserted the words ‘or
( c ) for the care and maintenance of the church by the Redundant Churches Fund’;
(3) After section 4(2) of the Measure there shall be inserted—
(2A) After the provisions of the foregoing subsections have been complied with the Commissioners may make, with the agreement of the bishop given after consultation with the Pastoral Committee, such amendments of the proposals as appear to them desirable.’
(4) In section 4(3) of the Measure (preparation of draft scheme or order), for the words ‘subsection (1)’ there shall be substituted the words ‘subsection (2A)’, the words ‘Part II or Part III of’ shall be omitted and at the end of that subsection there shall be inserted
‘(iii) the Commissioners shall not be obliged to prepare a draft order to give effect to a proposal to create an archdeaconry or a proposal that the income of the endowments of a benefice, or part thereof, shall be paid to the income account of the diocesan stipends fund.’
4 Notice and publication of draft schemes and orders.
(1) At the beginning of section 5(1) of the Measure (service of copy of draft scheme, etc. on interested parties), there shall be inserted the words ‘Subject to subsection (1A) of this section’ and after that subsection there shall be inserted—
(1A) Subsection (1) of this section shall not apply in relation to any interested party who in accordance with section 3A(2) of this Measure has relinquished his right to receive a copy of the draft scheme or order in question and the notice for which the said subsection (1) provides.’.
(2) In section 5(2) of the Measure (provision relating to draft scheme which provides for declaration of redundancy, etc.)—
( a ) at the end of paragraph ( a ) there shall be inserted the words ‘and on the Commonwealth War Graves Commission and, if the draft scheme provides for the care and maintenance of the redundant building by the Redundant Churches Fund, on that Fund’; and
( b ) for the words ‘requirements of’ there shall be substituted the words ‘provisions of paragraph ( a ) hereof so far as it relates to the said Commission and’.
(3) In section 5(3) of the Measure (copy of certain notices to be affixed on or near church door), for the words from ‘the parish church’ to the end there shall be substituted the words ‘every church in the parish and every building licensed by the bishop for public worship in the parish’
5 Amendment of draft schemes and orders.
(1) For section 6(1) of the Measure (amendment of draft scheme or order) there shall be substituted—
(1) The Commissioners—
( a ) at the request of the bishop made after consultation with the Pastoral Committee, or
( b ) as a result of any representations,
may amend any draft scheme or order prepared by them under this Part of this Measure, but any amendments made as a result of any representations shall only be made with the agreement of the bishop given after consultation with the Committee.’
(2) In section 6(2) of the Measure (treatment of amended draft schemes and orders), after the word ‘section’ there shall be inserted the words ‘(with the omission of subsection (1A) thereof)’.
6 Submission to bishop and making of scheme or order.
For section 7 of the Measure, there shall be substituted the section set out in Part II of Schedule 1 to this Measure.
7 Confirmation of schemes by Order in Council.
(1) For section 8(1) to (3) of the Measure there shall be substituted—
(1) As soon as possible after a scheme is submitted for confirmation by Her Majesty in Council under section 7 of this Measure the Commissioners shall—
( a ) so far as practicable serve on the persons who duly made written representations with respect to the draft scheme notice of such submission, together with a statement in writing of the Commissioners' decision with respect to those representations and the reasons therefor; and
( b ) serve on any other persons, being interested parties, notice of such submission;
and a notice under this subsection shall inform persons who have duly made such representations of their rights, on obtaining the leave of the Judicial Committee of the Privy Council, to appeal to Her Majesty in Council and shall specify the date, being a date not less than twenty-eight days after the service of the notice, on or before which notice of intention to apply for such leave must be given.
When submitting a scheme for confirmation by Her Majesty in Council the Commissioners shall inform the Clerk of the Privy Council of the date which is to be specified in notices under this subsection relating to the scheme.
(2) Any person who has duly made written representations with respect to the draft scheme may appeal to Her Majesty in Council against the scheme or any provisions thereof, but only with the leave of the Judicial Committee of the Privy Council.
(3) The provisions of Schedule 2 to this Measure shall apply to applications for leave to appeal, and to appeals, to Her Majesty in Council under this section.
(3A) If—
( a ) no notice of intention to apply for leave to appeal is given on or before the date specified in subsection (1) of this section, or
( b ) no application for such leave is made within the period prescribed by paragraph 2A of Schedule 2 to this Measure, or
( c ) the Judicial Committee refuses to grant such leave, or
( d ) the appeal stands dismissed for non-prosecution by virtue of paragraph 8 of that Schedule,
Her Majesty may by Order in Council confirm the scheme.’
(2) In section 8(4) of the Measure (hearing of appeal), for the words from the beginning to ‘Privy Council’, where first occurring, there shall be substituted the words ‘If leave to appeal is granted the Judicial Committee of the Privy Council shall hear the appeal’.
(3) Section 8(8) of the Measure (application of Schedule 2) shall be omitted.
8 Publication of notice of confirmation or making of scheme or order.
(1) Section 9(1) of the Measure (notice of confirmation of scheme or making of order to be published in the London Gazette) shall be omitted.
(2) In section 9(2) of the Measure (copy of Order in Council confirming scheme and of the bishop's publication of notice of confirmation or making of scheme or order to be sent to the interested parties), for the words ‘such Order in Council or order’ there shall be substituted the words ‘Order in Council by which a scheme is confirmed under section 8 of this Measure and of every order made by the bishop under section 7 thereof’.
9 Validity and operation of schemes and orders.
(1) In section 10(1) of the Measure (validity of schemes and orders), the words ‘and notified in the London Gazette as aforesaid’ and the words ‘and notified as aforesaid’ shall be omitted.
(2) In section 10(2) of the Measure (coming into operation of the scheme or order), for the words ‘notice thereof is given in the London Gazette’ there shall be substituted the words ‘the scheme is confirmed by Order in Council under section 8 of this Measure or, as the case may be, the order is made by the bishop under section 7 thereof’.
10 Requirement to obtain archbishop's consent abolished.
In section 11(1)( b ) of the Measure (certain proposals not to be submitted without consent of the archbishop), for the words ‘section 3(6)’ there shall be substituted the words ‘section 3A(1)’ and the...
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