The Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010

JurisdictionUK Non-devolved
CitationSI 2010/2847
Year2010

2010 No. 2847

Ecclesiastical Law, England

The Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010

Made (sealed by the Archbishops’ Council) 29th November 2010

Laid before Parliament 3rd December 2010

Coming into force 31th January 2011

In pursuance of section 11(1) of the Ecclesiastical Offices (Terms of Service) Measure 20091, the Archbishops’ Council makes the following Order:

S-1 Citation coming into force and interpretation

Citation coming into force and interpretation

1.—(1) This Order contains amendments and repeals of enactments and transitional provisions which appear to the Archbishops’ Council to be necessary or expedient in consequence of provisions of the Ecclesiastical Offices (Terms of Service) Measure 20091.

(2) In this Order “the Measure” means the Ecclesiastical Offices (Terms of Service) Measure 20091.

(3) This Order may be cited as the Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010 and shall come into force on 31st January 2011.

S-2 Transitional provisions

Transitional provisions

2. The transitional provisions set out in Schedule 1 shall have effect.

S-3 Consequential amendments and repeals

Consequential amendments and repeals

3. The consequential amendments and repeals set out in Schedule 2 shall have effect.

David Williams

Clerk to the Synod

Church House, London SW1P 3AZ

SCHEDULES

SCHEDULE 1

Article 2

TRANSITIONAL PROVISIONS

SCH-1.1

1.—(1) Subject to sub-paragraph (2), the holder of any freehold ecclesiastical office who is appointed after the date of the coming into force of section 1 of the Measure by virtue of a pastoral scheme or order to a new office which would, but for the Measure, have been a freehold office and who is not subject to Common Tenure shall not, thereby, be subject to Common Tenure unless he or she agrees to the application of the Measure to him or her.

(2) Any rector who holds office in a team ministry on that date, who is not subject to Common Tenure and who is appointed after that date by virtue of a pastoral scheme or order to a new office which would have been a freehold office but for the Measure shall hold the office for the unexpired portion of his or her term of office on the date on which the appointment takes effect and, at the expiry of that term, shall, unless he or she has agreed to the application of the Measure prior to that expiry, thereupon become subject to Common Tenure.

SCH-1.2

2. Any holder of an ecclesiastical office whose office has been terminated by notice given before the date mentioned in paragraph 1(1), taking effect on or after that date, shall not be subject to Common Tenure.

SCH-1.3

3. Notwithstanding the repeal of section 4 of the Church of England (Miscellaneous Provisions) Measure 19952by Schedule 3 to the Measure, that section shall continue to have effect in relation to the holder of an ecclesiastical office referred to in that section who is not subject to Common Tenure.

SCHEDULE 2

Article 3

AMENDMENTS AND REPEALS

(1 & 2 Vict. c. 106)

Pluralities Act 1838

(1 & 2 Vict. c. 106)

SCH-2.1

1. In section 32, after the words “holding any benefice” there shall be inserted the words “other than a person who is subject to Common Tenure” and after the words...

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