Reorganisation Areas Measure 1944
| Jurisdiction | UK Non-devolved |
| Citation | measure 1944 No. 1 |
| Year | 1944 |
Reorganisation Areas Measure, 1944
(7 & 8 Geo. 6.) No. 1.
A MEASURE passed by the National Assembly of the Church of England.
To authorise the making of new arrangements for the pastoral supervision of areas which have suffered war damage, or in which, by reason of causes attributable to the war or as a result of planning schemes, material changes in the number or situation of the population have occurred, or are likely to occur, and to amend in certain respects the Diocesan Reorganisation Committees Measure, 1941.
[21st March 1944]
Part I.
Reorganisation Areas.
1 Proposals for formation of ecclesiasticalreorganisation areas.
(1) Subject to the provisions of this section, where it appears to the diocesan reorganisation committee of any diocese that any area within that diocese, whether consisting of a single parish or of a group of parishes, is an area in respect of which, by reason of war damage or other circumstances arising out of the war, or by reason of action by a planning authority, it may be expedient to make new arrangements for pastoral supervision, the bishop of the diocese may, with the approval of the committee, apply to the Ecclesiastical Commissioners (hereafter in this Measure referred to as ‘the Commissioners’) for an order declaring that area to be an ecclesiastical reorganisation area for the purposes of this Measure.
(2) A parish shall not be included in an ecclesiastical reorganisation area unless it is either—
( a ) a parish in respect of which one at least of the following conditions is satisfied, namely:—
(i) a church has suffered war damage, either amounting to destruction, or so extensive that, regard being had to all the circumstances, it appears to the committee to be impracticable or inexpedient to restore it for use as a church; or
( b ) a parish contiguous or adjacent to such a parish as aforesaid.
2 Power of Ecclesiastical Commissionersto approve or reject proposals.
(1) When an application has been made to them for an order under the preceding section, the Commissioners shall send to the patron and incumbent of every benefice and parochial church council of every parish to which the proposed order relates and to the rural dean of the deanery in which such parish is situate, a notice stating the general effect of the proposed order and specifying a period (which shall not be less than four weeks from the date of the sending of the notice) before the expiration of which written representations with respect to the proposed order may be made to the Commissioners.
(2) After the expiration of the period specified in the notices, or of such further period as they may for special reasons allow, the Commissioners shall consider any representations received by them and shall either—
( a ) make under their seal an order giving effect to the application, either without amendment or with such amendments as appear to them to be desirable and are approved by the bishop and the diocesan reorganisation committee; or
( b ) refuse to make such an order.
(3) The Commissioners by a subsequent order, made on the application of the bishop of the diocese with the approval of the diocesan reorganisation committee and in accordance with the foregoing provisions of this section, may vary an order previously made by them under this section by excluding from, or (subject to the provisions of subsection (2) of the preceding section) including within, the operation thereof any parish or parishes, or may revoke any such order.
(4) The Commissioners shall send any order made by them under this section to the registrar of the diocese, and the registrar shall register it in the diocesan registry.
They shall send copies of any order so made by them, or, as the case may be, notice of their refusal to make an order, to the diocesan reorganisation committee and to the persons to whom notices were required by subsection (1) of this section to be sent.
(5) A refusal to make an order under this section, or the revocation of an order so made, shall be without prejudice to the making of a fresh application for an order in respect of a differently constituted area.
3 Publication of order formingecclesiastical reorganisation area.
So soon as may be after making an order under the last preceding section, the Commissioners shall publish, by advertisement in a newspaper circulating within the reorganisation area a notice stating that they have made the order, naming the parishes affected and (except in the case of a revoking order) stating also that, upon application by any local authority or planning authority having jurisdiction within the area, the Commissioners will register that authority for the purposes of the provisions of Part II of this Measure relating to the preparation of, and objections to, reorganisation schemes.
Part II.
Preparation and Confirmation of Reorganisation Schemes.
4 Proposals for preparation of reorganisationschemes.
(1) Where, after such consultations as are hereinafter mentioned, the diocesan reorganisation committee of any diocese are satisfied in respect of any area therein which has been declared to be an ecclesiastical reorganisation area that it is expedient to initiate proposals for the rearrangement of the pastoral supervision of the area, or of some part thereof, in any one or more of the following ways, that is to say—
( a ) the formation, whether by union or otherwise, of new benefices or parishes;
( b ) the dissolution or alteration of existing benefices or parishes;
( c ) the endowment and staffing of benefices within the area;
( d ) the demolition or disposal of churches, parsonage houses, and other buildings belonging to benefices or parishes;
( e ) the restoration or provision of churches, parsonage houses, schools or other buildings,
the committee may submit to the bishop of the diocese proposals for giving effect to such rearrangement and, in framing their proposals, shall have regard to the provisions of Part III of this Measure.
(2) When considering in respect of any reorganisation area, or any part of such an area, what proposals shall be submitted by them to the bishop under this section, the committee shall, so far as possible, consult with the patron and incumbent of every benefice and parochial church council of every parish which will be affected by those proposals and with the rural dean of the deanery in which such parish is situate.
5 Procedure as to preparation of Schemes.
(1) When a diocesan reorganisation committee have, under the last preceding section, submitted proposals to the bishop, the bishop may transmit those proposals, with such modifications, if any, as may be agreed between him and the committee, to the Commissioners, with a request that the Commissioners will cause a draft reorganisation scheme to be prepared to give effect to the proposals.
(2) Upon receipt of such a request as aforesaid, the Commissioners shall consult with the bishop and the diocesan reorganisation committee as to any amendments to the proposals which appear to the Commissioners to be necessary or desirable and, thereafter, may cause a draft scheme to be prepared.
(3) When a draft scheme has been approved by the bishop and the diocesan reorganisation committee and by the Commissioners, the Commissioners shall send a copy of it to the patron and incumbent of every benefice and parochial church council of every parish which will be affected by the scheme, to the rural dean of the deanery in which such parish is situate, and to every local or planning authority who are registered in respect of the reorganisation area in accordance with the provisions of section three of this Measure.
Every such copy of the scheme shall be accompanied by a notice stating that the scheme will not become operative unless and until confirmed by the Commissioners and that consideration will be given to any written objections received by them before such date (which shall not be less than six weeks from the date of the sending of the notice) as may be specified in the notice.
6 Procedure as to objections to schemesand confirmation of schemes.
(1) If the patron or incumbent of any benefice or parochial church council of any parish which will be affected by a reorganisation scheme, or any such rural dean or local or planning authority as aforesaid, is or are dissatisfied with any of the provisions of the scheme, he or they may transmit a written statement of objections and reasons therefor to the Commissioners at any time before the date specified for the purpose in the notices, or within such further period as the Commissioners may for special reasons allow.
(2) The Commissioners shall send copies of all objections which are duly lodged to the bishop with a request that any replies thereto, which he and the diocesan reorganisation committee may desire to submit, may be transmitted to the Commissioners within a specified period, and the Commissioners shall send to every objector a copy of so much of any reply as relates to any objection lodged by him.
(3) Subject to the following provisions of this section, objections to a draft reorganisation scheme shall be considered and determined by a Special Committee...
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