Mission and Pastoral etc. (Amendment) Measure 2018
| Jurisdiction | UK Non-devolved |
| Citation | measure 2018 No. 4 |
| Year | 2018 |
Mission and Pastoral etc. (Amendment) Measure 2018
2018 No. 4
A Measure passed by the General Synod of the Church of England to amend and simplify certain provisions of the Mission and Pastoral Measure 2011, the Endowments and Glebe Measure 1976 and the Patronage (Benefices) Measure 1986; to make minor clarificatory amendments; and for connected purposes.
[10 May 2018]
1 Pastoral schemes and orders: consultation
(1) In section 6 of the Mission and Pastoral Measure 2011 (pastoral schemes and pastoral orders: formulation and submission of draft proposals), in subsection (1), after “their views” insert
“—
(a) on the recommendations the committee proposes to make, or
(b) if the committee has yet to formulate recommendations, on the issues which the committee considers need to be addressed.”
(2) In each of subsections (2), (3) and (4) of that section, after “any recommendations,” insert “plans,”.
(3) After subsection (8) of that section insert—
“(8A) The duties under subsections (1), (5) and (6) do not apply in relation to a plan for pastoral reorganisation which has been approved by the deanery synod of each deanery which would be affected by implementation of the plan if—(a) the plan has also been approved by the mission and pastoral committee,(b) the draft proposals submitted under subsection (7) are to the same effect, or substantially the same effect, as proposals included in the plan as so approved,(c) the interested parties have been consulted on the plan, and(d) any person holding office under Common Tenure whose office would or might be abolished if the plan took effect has had an opportunity to meet the mission and pastoral committee.
(8B) The duty under subsection (8) does not apply in the case of draft proposals which relate to a plan of the kind referred to in subsection (8A).”
(4) After subsection (9) of that section insert—
“(10) The reference in subsection (1) to the interested parties includes a reference to any other person who the mission and pastoral committee considers might be affected by the matters in question; and the references in subsections (5), (6), (8) and (8A) to the interested parties are accordingly to be read as including a reference to those other persons.”
(5) In section 7 of that Measure (approval by bishop of draft proposals), in subsection (3), after “the statement referred to in section 6(8)” insert “(unless, as a result of section 6(8B), it is not required)”.
(6) In section 21 of that Measure (pastoral church building schemes: formulation etc. of draft proposals), in subsection (1), after “their views” insert
“—
(a) on the recommendations the committee proposes to make, or
(b) if the committee has yet to formulate recommendations, on the issues which the committee considers need to be addressed.”
(7) In each of subsections (2) and (3) of that section, after “any recommendations,” insert “plans,”.
(8) In subsection (6)(a) of that section, before “ascertain” insert “so far as may be practicable”.
(9) After subsection (9) of that section insert—
“(9A) The duties under subsections (1), (4) and (5) do not apply in relation to a plan for pastoral organisation which has been approved by the deanery synod of each deanery which would be affected by implementation of the plan if—(a) the plan has also been approved by the mission and pastoral committee,(b) the draft proposals submitted under subsection (8) are to the same effect, or substantially the same effect, as proposals included in the plan as so approved,(c) the interested parties have been consulted on the plan, and(d) any person holding office under Common Tenure whose office would or might be abolished if the plan took effect has had an opportunity to meet the mission and pastoral committee.
(9B) The duty under subsection (9) does not apply in the case of draft proposals which relate to a plan of the kind referred to in subsection (9A).”
(10) After subsection (10) of that section insert—
“(11) The reference in subsection (1) to the interested parties includes a reference to any other person who the mission and pastoral committee considers might be affected by the matters in question; and the references in subsections (4), (5), (9) and (9A) to the interested parties are accordingly to be read as including a reference to those other persons.”
2 Pastoral schemes and orders: preparation by the Commissioners
(1) In section 7 of the Mission and Pastoral Measure 2011 (approval by bishop of draft proposals and preparation of draft scheme), in subsection (1)—
(a)
(a) after “he shall” insert
“—
(a) ”, and
(b)
(b) at the end insert
“, or
(b) send the proposals to the Commissioners, with any amendments, for the preparation of a draft scheme or order and, having done that, inform the mission and pastoral committee.”
(2) In subsection (2) of that section, after “the mission and pastoral committee” insert “or the Commissioners (as the case may be)”.
(3) In subsection (3) of that section, for the words from the beginning to “shall prepare” substitute “Where the proposals are returned to the mission and pastoral committee under subsection (1)(a), the committee shall, on receipt of the proposals, prepare”.
(4) After subsection (3) of that section insert—
“(4) Where the proposals are sent to the Commissioners under subsection (1)(b), the Commissioners shall, on receipt of the proposals, consider whether the procedures set out in section 6 have been properly applied.
(5) If the Commissioners consider that the procedures set out in section 6 have been properly applied, they shall—(a) prepare a draft scheme or order giving effect to the proposals, with any amendments, and(b) send a copy of the draft scheme or order to the mission and pastoral committee.
(6) If the Commissioners consider that the procedures set out in section 6 have not been properly applied, they shall return the proposals to the bishop; and the bishop, having received the proposals from the Commissioners, shall return them to the mission and pastoral committee for further consideration.”
(5) In section 8 of the Mission and Pastoral Measure 2011 (consideration of draft scheme or order by Commissioners), in subsection (1), for “under section 7” substitute “by the mission and pastoral committee under section 7(3),”.
(6) In subsection (7) of that section, after “prepare a new draft scheme or order under section 7” insert “or request the Commissioners to do so”.
3 Pastoral schemes and orders: notice, publication and amendment
(1) In section 9 of the Mission and Pastoral Measure 2011 (pastoral schemes and orders: notice and publication), in subsection (1), for “prepared under section 7” substitute “prepared by it under section 7(3)”.
(2) After subsection (1) of that section insert—
“(1A) The Commissioners shall serve a copy of any draft scheme or order prepared by them under section 7(5) on each of the interested parties, together with such a notice as is mentioned in subsection (1).”
(3) After subsection (1A) (inserted by subsection (2)) insert—
“(1B) The Commissioners shall, in the case of every draft scheme or order, publish the draft online together with a notice stating the objects of the draft and that written representations may be made to the Commissioners not later than a date specified in the notice, being a date not less than twenty-eight days after such publication.”
(4) In subsection (2) of that section—
(a)
(a) after “the mission and pastoral committee” insert “or the Commissioners (whichever of them prepared the draft scheme)”,
(b)
(b) in paragraph (b), after “stating the objects of the draft scheme” insert “, specifying the address online at which the notice is published under subsection (1B)”, and
(c)
(c) in that paragraph, for the words from “a date not less than” to the end substitute “the date specified for the purposes of subsection (1B)”.
(5) In subsection (3) of that section—
(a)
(a) after “every draft scheme or order” insert “prepared by it, and the Commissioners shall, in the case of every draft scheme or order prepared by them”,
(b)
(b) after “require him or her” insert
“—
(a) ”, and
(c)
(c) at the end insert
“,
(b) to ensure, in the case of each of those churches or buildings at which a service is held on a Sunday in the period in which representations may be made in accordance with the notice, that at every service held on each of those Sundays the person conducting the service informs the congregation of the contents of the notice, and
(c) to ensure, in the case of each of those churches or buildings at which a service is held in that period only on a day other than a Sunday, that at every service held in that period the person conducting the service informs the congregation of the contents of the notice.”
(6) After subsection (3) of that section insert—
“(3A) A reference in subsection (3)(b) or (c) to a service held at a church or building does not include a reference to any of the services known as occasional offices.”
(7) In section 10 of the Mission and Pastoral Measure 2011 (power of Commissioners to amend draft scheme or order), after subsection (2) insert—
“(3) The power under subsection (1) to amend a draft scheme or order includes power to amend it so that it would give effect instead to proposals included in representations made to the Commissioners on the draft; and where the Commissioners make amendments of that kind—(a) subsection (2) does not apply, and(b) the Commissioners shall instead carry out such consultation on the amended draft scheme or order as they think appropriate.”
(8) In section 24 of that Measure (church building schemes: notice and publication), in subsection (2)—
(a)
(a) after paragraph (a) (but...
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