Dioceses, Pastoral and Mission Measure 2007

Document Number:2007 No. 1
 
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A Measure passed by the General Synod of the Church of England to further the mission of the Church of England and, in particular, to make new provision, in place of the Dioceses Measure 1978 and section 8 of the Church of England (Miscellaneous Provisions) Measure 1983 , for reviewing the provincial and diocesan structure of the Church of England and for making reorganisation schemes, for the change of name of sees, and for the creation and filling of suffragan sees, for the nomination of suffragan bishops and the delegation of functions to them and to other persons in episcopal orders and for the discharge of functions of certain diocesan bodies; to amend the Pastoral Measure 1983 in respect of the making of pastoral schemes and orders and of schemes for the closure of churches for regular public worship; to enable a diocesan bishop, by order, to endorse and make provision for mission initiatives; to make new provision for mission and pastoral committees; to replace the Council for the Care of Churches with a body named the Church Buildings Council and make new provision for it; to make provision for the description of assistant curates and for their functions; to make other amendments to the Pastoral Measure 1983; and for connected purposes.

[30 th October 2007]

Part IGeneral principle

1 General duty

It shall be the duty of any person or body carrying out functions under this Measure or the Pastoral Measure 1983 to have due regard to the furtherance of the mission of the Church of England.

Part IIProvincial and diocesan structure

Composition and duties of Dioceses Commission

2 Dioceses Commission

(1) There shall be established a body known as the Dioceses Commission which shall have the functions conferred on it by or under this Measure and the body of that name established under section 1 of the Dioceses Measure 1978 (1978 No. 1) shall cease to exist.

(2) The provisions of Schedule 1 to this Measure shall have effect with regard to the Commission, its members and its procedures.

(3) The Commission shall present annually to the General Synod a report of its activities during the preceding year.

3 Review of provincial and diocesan structure

(1) It shall be the duty of the Commission to keep under review the provincial and diocesan structure of the Church of England and, in particular—

(a) the size, boundaries and number of provinces,

(b) the size, boundaries and number of dioceses and their distribution between the provinces, and

(c) the number and distribution of episcopal offices and the arrangements for episcopal oversight.

(2) The Commission shall, when carrying out its duties under subsection (1) above—

(a) ensure that it is kept informed of views within the Church of England on the matters referred to in subsection (1) and of any changes in the structure of the Church which may take place, so far as these are relevant to its functions, and consult such persons and bodies as it thinks fit;

(b) without prejudice to its duties under sections 4 , 6 and 7 below, consider whether changes are required, put forward proposals for discussion, where appropriate, and encourage detailed and reasoned responses from those persons and bodies consulted;

(c) disseminate, to the extent that the Commission thinks necessary and in whatever form the Commission thinks fit, guidance and information about good practice to persons and bodies involved in the administration of dioceses;

(d) give appropriate advice, when requested on particular issues, to such persons and bodies; and

(e) make and publish from time to time reports on its activities.

(3) If, when carrying out its functions under subsections (1) and (2) above, the Commission publishes proposals to alter the number of provinces, it shall also include, in those proposals, recommendations concerning the method of achieving the changes required by the proposals.

(4) Any report published under subsection (2)(e) above shall be laid before the General Synod either as part of the annual report required to be presented under section 2(3) above or otherwise.

(5) The Commission may ask any person or body to provide any information which it considers necessary to enable it to carry out its functions.

(6) Where the Commissioners, any diocesan bishop, any diocesan synod or any bishop’s council and standing committee are consulted under this section or section 5(2) , 5(3) , 6(2) , 6(3) , 6(4) or 6(6) below or are asked to give information under subsection (5) above, the person or body concerned shall be under a duty to respond, where practicable, to any requests for comments or information and to provide any information which that person or body is asked to provide.

Reorganisation schemes

4 Preparation and making of reorganisation schemes

(1) It shall be the duty of the Commission to prepare and make schemes in accordance with sections 6 and 7 below, and a scheme made under the said section 7 and confirmed by Order in Council under section 8 below is referred to in this Measure as a “reorganisation scheme”.

(2) A reorganisation scheme may be made following proposals submitted to the Commission by a bishop under section 5 below or prepared by the Commission under section 6(3) below without the submission of any such proposals.

(3) A reorganisation scheme may make provision for one or more of the following purposes—

(a) the foundation of one or more new diocesan bishoprics with one or more dioceses constituted from one or more existing dioceses and, if necessary, the dissolution of one or more existing dioceses and the abolition of the bishopric or bishoprics thereof;

(b) the transfer of the whole of the area of any diocese to another diocese and the dissolution of the first mentioned diocese and the abolition of the bishopric thereof;

(c) the transfer of parts of the area of any diocese to one or more other dioceses and, if necessary, the dissolution of the first mentioned diocese and the abolition of the bishopric thereof;

(d) the transfer of a diocese or parts of the area of any diocese from one province to another.

(4) Schedule 2 to this Measure, which sets out the provisions which must or may be made by a reorganisation scheme, shall have effect.

Procedure for making reorganisation schemes

5 Application for reorganisation scheme

(1) Subject to the provisions of this section, the bishop of a diocese may submit to the Commission proposals to be implemented by a reorganisation scheme relating to that diocese.

(2) The proposals referred to in subsection (1) above shall be prepared by the bishop of the diocese concerned after preliminary consultation with the diocesan synod of that diocese and such other consultation as he thinks fit.

(3) Where such proposals would, if implemented, affect two or more dioceses, the proposals shall be prepared by the bishops of those dioceses after preliminary consultation by each of them with the diocesan synod of his diocese and with such persons or bodies as each of them thinks fit, and a submission under subsection (1) above shall be made by the said bishops acting jointly.

(4) Section 4(4) of the Synodical Government Measure 1969 (1969 No. 2) shall not be taken as permitting the consultative functions of a diocesan synod under this section to be discharged on its behalf by the bishop’s council and standing committee of that synod.

6 Preparation of draft scheme by Commission

(1) In this section “interested parties”, in relation to any draft reorganisation scheme, means—

(a) the bishop of every diocese which would be affected by the implementing of such scheme and the archbishop of the province in which that diocese is situated;

(b) the diocesan synod of every such diocese;

(c) the bishop’s council and standing committee of every such diocesan synod;

(d) the Chapter of the cathedral of every diocese which would be affected by the implementing of such scheme;

(e) the Commissioners;

(f) where the implementing of such scheme would result in the transfer of a diocese from one province to the other, the archbishop of that other province;

(g) the Archbishops' Council;

(h) the Charity Commission;

(i) to the extent that the Commission thinks fit, such other persons or bodies, if any, as would be particularly affected by the implementing of such scheme.

(2) On receiving proposals submitted to it under section 5 of this Measure, the Commission shall, after consultation with the interested parties, first prepare a statement of the effect of the proposals, if implemented, on the mission of the Church of England and a detailed estimate of the financial effect of the proposals (“the financial estimate”) and shall then, as it thinks fit, either—

(a) prepare a draft scheme to give effect to the proposals with such amendments, if any, as the Commission thinks should be made therein; or

(b) if it considers that the objectives of the proposals can be better achieved without a scheme or for any other reason it considers that it would not be appropriate to make a scheme, report to the bishop of every diocese concerned that it has decided not to proceed with the preparation of such a scheme, giving the reasons for that decision.

(3) Where the Commission has not received proposals under section 5 above, the Commission may, after consulting the interested parties, prepare a draft reorganisation scheme and, if it does so, shall also prepare the statement referred to in subsection (2) above and, after first consulting the Commissioners, a financial estimate.

(4) Where the Commission decides to proceed under subsection (2)(a) or (3) above it shall send a copy of the draft scheme and of the statement referred to in subsection (2) above and the financial estimate to every interested party together with a notice stating that written representations with respect to the draft scheme may be made to the Commission not later than a date specified in the notice, being a date not less than three, nor more than six, months after the service of the notice and the...

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