Public Worship Regulation Act 1874
| Jurisdiction | UK Non-devolved |
| Citation | 1874 c. 85 |
Public Worship Regulation Act, 1874
(37 & 38 Vict.) CHAPTER 85.
An Act for the better administration of the Laws respecting the regulation of Public, Worship.
[7th August 1874]
W HEREAS it is expedient that in certain cases further regulations should be made for the administration of the laws relating to the performance of divine service according to the use of the Church of England:
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited as ThePublic Worship Regulation Act, 1874.
2 Commencement of Act.
2. This Act shall come into operation on the first day of July one thousand eight hundred and seventy-five, except where expressly herein-after provided.
3 Extent of Act.
3. This Act shall extend to that part of the United Kingdom called England, to the Channel Islands, and the Isle of Man.
4 Proceedings under this Act not to be deemed proceedings under 3 & 4 Vict. c. 86. s. 23.
4. Proceedings taken under this Act shall not be deemed to be such proceedings as are mentioned in the Act of the third and fourth year of the reign of Her Majesty, chapter eighty-six, section twenty-three.
5 Saving of jurisdiction.
5. Nothing in this Act contained, save as herein expressly provided, shall be construed to affect or repeal any jurisdiction which may now be in force for the due administration of ecclesiastical law.
6 Interpretation of terms.
6. In this Act the following terms shall, if not inconsistent with the context, be thus interpreted—
The term ‘bishop’ means the archbishop or bishop of the diocese in which the church or burial ground is situate to which a representation relates:
The term ‘Book of Common Prayer’ means the book annexed to the Act of the fourteenth year of the reign of King Charles the Second, chapter four, intituled ‘The Book of Common Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England; together with the Psalter or Psalms of David, pointed as they are to be sung or said in churches; and the form or manner of making, ordaining, and consecrating of Bishops, Priests, and Deacons;’ together with such alterations as have from time to time been or may hereafter be made in the said book by lawful authority:
The term ‘burial ground’ means any churchyard, cemetery, or burial ground, or the part of any cemetery or burial ground, in which, at the burial of any corpse therein, the order for the burial of the dead contained in the Book of Common Prayer is directed by law to be used:
The term ‘church’ means any church, chapel, or place of public worship in which the incumbent is by law or by the terms of license from the bishop required to conduct divine service according to the Book of Common Prayer:
The term ‘diocese’ means the diocese in which the church or burial ground is situate to which a representation relates, and comprehends all places which are situate within the limits of such diocese:
The term ‘incumbent’ means the person or persons in holy orders legally responsible for the due performance of divine service in any church, or of the order for the burial of the dead in any burial ground:
The term ‘parish’ means any parish, ecclesiastical district, chapelry, or place, over which any incumbent has the exclusive cure of souls:
The term ‘parishioner’ means a male person of full age who before making any representation under this Act has transmitted to the bishop under his hand the declaration contained in Schedule (A.) to this Act, and who has, and for one year next before taking any proceeding under this Act has had, his usual place of abode in the parish within which the church or burial ground is situate, or for the use of which the burial ground is legally provided to which the representation relates:
The term ‘barrister-at-law’ shall in the Isle of Man include advocate:
The term ‘rules and orders’ means the rules and orders framed under the provisions of this Act.
7 Appointment and duties of judge.
7. The Archbishop of Canterbury and the Archbishop of York may, but subject to the approval of Her Majesty to be signified under Her Sign Manual, appoint from time to time a barrister-at-law who has been in actual practice for ten years, or a person who has been a judge of one of the Superior Courts of Law or Equity, or of any court to which the jurisdiction of any such court has been or may hereafter be transferred by authority of Parliament, to be, during good behaviour, a judge of the Provincial Courts of Canterbury and York, herein-after called the judge.
If the said archbishops shall not, within six months after the passing of this Act, or within six months after the occurrence of any vacancy in the office, appoint the said judge, Her Majesty may by Letters Patent appoint some person, qualified as aforesaid, to be such judge.
Whensoever a vacancy shall occur in the office of official principal of the Arches Court of Canterbury, the judge shall become ex officio such official principal, and all proceedings thereafter taken before the judge in relation to matters arising within the province of Canterbury shall be deemed to be taken in the Arches Court of Canterbury; and whensoever a vacancy shall occur in the office of official principal or auditor of the Chancery Court of York, the judge shall become ex officio such official principal or auditor, and all proceedings thereafter taken before the judge in relation to matters arising within the province of York shall be deemed to be taken in the Chancery Court of York; and whensoever a vacancy shall occur in the office of Master of the Faculties to the Archbishop of Canterbury, such judge shall become ex officio such Master of the Faculties.
Every person appointed to be a judge under this Act shall be a member of the Church of England, and shall, before entering on his office, sign the declaration in Schedule (A.) to this Act; and if at any time any such judge shall cease to be a member of the Church, his office shall thereupon be vacant.
This section shall come into operation immediately after the passing of this Act.
8 Representation by archdeacon, churchwarden, parishioners, or inhabitants of diocese.
8. If the archdeacon of the archdeaconry, or a churchwarden of the parish, or any three parishioners of the parish, within which archdeaconry or parish any church or burial ground is situate, or for the use of any part of which any burial ground is legally provided, or in case of cathedral or collegiate churches, any three inhabitants of the diocese, being male persons of full age, who have signed and transmitted to the bishop under their hands the declaration contained in Schedule (A.) under this Act, and...
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