Church of England (Miscellaneous Provisions) Measure 1995

Document Number:1995 No. 2
Coming into force:Coming into force on the 01/01/1999
 
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A Measure passed by the General Synod of the Church of England to make it lawful for Church of Ireland ministers to officiate in England; to provide for the appointment of lay canons in the Cathedral Church of Christ in Oxford; to enable the designation of archdeacon emeritus to be conferred; to amend the law relating to the resignation of deans, residentiary canons and archdeacons; to amend section 27 of the Ecclesiastical Commissioners Act 1840 , section 6 of the Church Commissioners Measure 1947 , the Schedule to the Church Funds Investment Measure 1958 , section 21 of the Clergy Pensions Measure 1961 , sections 2 , 3 and 27 of and Schedule 1 to the Ecclesiastical Jurisdiction Measure 1963 , section 20 of the Parochial Registers and Records Measure 1978 , sections 9 , 44 , 51 and 87 of and Schedule 1 to the Pastoral Measure 1983 , section 8 of the Church of England (Miscellaneous Provisions) Measure 1983 and section 6 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991; to amend certain enactments in connection with the procedure of the General Synod; and for purposes connected therewith.

[19 th July 1995]

1 Ministers of Church of Ireland

It shall be lawful for persons admitted to Holy Orders by a bishop of the Church of Ireland, whether or not they hold or have held any benefice or preferment in England, to officiate in England in a church or chapel belonging to the Church of England, if invited to do so by the minister having the cure of souls of the church or chapel, without notifying the bishop of the diocese in which the church or chapel is situate for the same period and subject to the same conditions as would be applicable to them if they had been admitted to Holy Orders by the bishop of a diocese in the Church of England.

2 Provisions relating to Christ Church Oxford

(1) It shall be lawful for the constitution and statutes of the foundation known as the Cathedral Church of Christ in Oxford to provide for the appointment of not more than two lay canons and to specify the functions of such lay canon or canons.

(2) No such lay canon shall be appointed unless the person concerned is —

(a) a communicant member of the Church of England; or

(b) a member of a church to which the [1988 No. 3.] Church of England (Ecumenical Relations) Measure 1988 applies and is entitled lawfully to take part in public worship in accordance with the forms of service and practice of the Church of England.

(3) The regius professorship of ecclesiastical history which, pursuant to section 6 of the [3 & 4 Vict. c. 113.] Ecclesiastical Commissioners Act 1840 , was annexed to a canonry in the chapter of the said Cathedral Church may, notwithstanding the provisions of that Act, be held either by a residentiary canon in the said chapter or by a lay canon appointed pursuant to subsection (1) above.

3 Designation of archdeacon emeritus

The bishop of a diocese may confer the designation of archdeacon emeritus upon any person who retires immediately after holding the office of archdeacon.

4 Resignation of certain office holders

Where a dean, residentiary canon or archdeacon wishes to resign it shall not be necessary to proceed by way of a deed, but any such resignation shall be in writing, duly signed and witnessed and sent—

(a) in the case of a dean, to Her Majesty;

(b) in the case of a residentiary canon where the canonry is in the direct patronage of Her Majesty, to Her Majesty;

(c) in the case of any other residentiary canon, to the diocesan bishop concerned; and

(d) in the case of an archdeacon, to the diocesan bishop concerned.

5 Amendment of Ecclesiastical Commissioners Act 1840

In section 27 of the Ecclesiastical Commissioners Act 1840 (qualification of deans, archdeacons and canons)—

(a) after the word “dean,” there shall be inserted the word “provost,”;

(b) for the words “priest’s orders” there shall be substituted the words “holy orders and, in the case of a dean, provost or archdeacon, be in priest’s orders at the time of the appointment”.

6 Amendment of Church Commissioners Measure 1947

In section 6 of the [1947 No. 2.] Church Commissioners Measure 1947 for paragraph (b) (Assets Committee) there shall be substituted the following paragraph—

“(b) the Assets Committee shall comprise—

(i) the First Church Estates Commissioner;

(ii) one Commissioner, being a clerk in holy orders appointed for three years by the Board;

(iii) not less than three nor more than five lay Commissioners appointed for three years by the Archbishop of Canterbury; and

(iv) not less than one nor more than three Commissioners appointed for three years by the Archbishop of Canterbury, after consultation with the Board, from among the twenty clerks in holy orders and laymen appointed as Commissioners by the General Synod;

the persons referred to in sub-paragraphs (iii) and (iv) above being persons who in the opinion of the Archbishop are well qualified to assist in the management of the assets of the Commissioners,”.

7 Amendment of Church Funds Investment Measure 1958

The Scheme contained in the Schedule to the [6 & 7 Eliz. 2 No. 1.] Church Funds Investment Measure 1958 shall have effect subject to the amendments specified in the Schedule to this Measure.

8 Amendment of Clergy Pensions Measure 1961

In section 21 of the [1961 No. 3] Clergy Pensions Measure 1961 (constitution of Board)—

(a) in paragraph (a) of subsection (3) the words from “of whom eight” to the end shall be omitted;

(b) in subsection (5) for the words from “Standing Committee” to the end there shall be substituted the words “General Synod in such manner as the Synod may from time to time determine”.

9 Amendment of Ecclesiastical Jurisdiction Measure...

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