# Church of England (Miscellaneous Provisions) Measure 2014

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# Church of England (Miscellaneous Provisions) Measure 2014

# 2014 No. 1

A Measure passed by the General Synod of the Church of England to amend section 67 of the Ecclesiastical Commissioners Act                        1840; to amend section 25 of the Burial Act 1857; to amend section 5 of the Episcopal Endowments and Stipends Measure 1943;                        to amend the Church Commissioners Measure 1947; to amend the Parochial Church Councils (Powers) Measure 1956; to amend the                        Clergy Pensions Measure 1961; to amend sections 2 and 3 of the Ecclesiastical Jurisdiction Measure 1963; to amend section                        3 of the Faculty Jurisdiction Measure 1964; to amend the Overseas and Other Clergy (Ministry and Ordination) Measure 1967;                        to amend the Synodical Government Measure 1969; to amend the Endowments and Glebe Measure 1976; to amend the Incumbents (Vacation                        of Benefices) Measure 1977; to amend the Patronage (Benefices) Measure 1986; to amend the Care of Churches and Ecclesiastical                        Jurisdiction Measure 1991; to amend the Cathedrals Measure 1999; to confer power on chancellors to determine fees; to extend                        the powers of the General Cemetery Company; to make provision for Christ Church, Oxford; to make provision for the tenure                        of office of vicars general and surrogates; to amend the Dioceses, Pastoral and Mission Measure 2007; to make minor and consequential                        amendments to other enactments; and for connected purposes.                     

[14th May 2014]

## 1Amendment of the Ecclesiastical Commissioners Act 1840E

(1)In section 67 of the Ecclesiastical Commissioners Act 1840 (which provides for the application of the revenues of the Church                        Commissioners), the Proviso is repealed.                  

(2)Section 12 of the Ecclesiastical Commissioners Act 1860 and, in section 14, the words “the proviso at the end of the said                        section, or” are repealed.                  

## 2Amendment of Burial Act 1857E

For section 25 of the Burial Act 1857 there is substituted the following section—

### “25Offence of removal of body from burial ground

(1)It is an offence for a body or any human remains which have been interred in a place of burial to be removed unless one of                           the conditions listed in subsection (2) is complied with.                  

(2)The conditions referred to in subsection (1) are—                  

(a)the body or remains is or are removed in accordance with a faculty granted by the court;                  

(b)the body or remains is or are removed in accordance with the approval of a proposal under the Care of Cathedrals Measure 2011                           (No. 1) by the Cathedrals Fabric Commission for England or a fabric advisory committee;                  

(c)unless the body or remains is or are interred in land which is subject to the jurisdiction of the court or its or their removal                           requires or require the approval of a proposal under the Care of Cathedrals Measure 2011, the body or remains is or are removed                           under a licence from the Secretary of State and in accordance with any conditions attached to the licence.                  

(3)A person who removes a body or remains in contravention of subsections (1) and (2) is liable, on summary conviction, to a                           fine not exceeding level 1 on the standard scale.                  

(4)In subsection (2)(a) and (c) “court” means the consistory court of the diocese or, in the diocese of Canterbury, the commissary court of that diocese or any                           other court or body referred to in section 1(2) or (3) of the Ecclesiastical Jurisdiction Measure 1963 having jurisdiction                           to determine the matter.”.                  

## 3Amendment of Episcopal Endowments and Stipends Measure 1943E

For section 5 of the Episcopal Endowments and Stipends Measure 1943 (6 & 7 Geo. 6 No. 2), there is substituted the following section—

### “5Powers of Commissioners to pay expenses

Where a scheme is in force in respect of a see, the Commissioners may—                  

(a)pay the whole, or any part, of the stipend of any suffragan bishop or any chaplain to the bishop, and                  

(b)provide such amount, by way of annual sum or otherwise, in respect of the expenses of the bishop or any suffragan bishop in                           connection with the performance of the duties of their offices as the Commissioners think fit.”.                  

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## 8Amendment of Overseas and Other Clergy (Ministry and Ordination) Measure 1967E

(1)The Overseas and Other Clergy (Ministry and Ordination) Measure 1967 (No. 3) is amended as follows.                  

(2)In section 1—                  

(a)in subsection (4), after the word “permission” there are inserted the words “ or any instrument under subsection (5A) revoking a permission ”;                  

(b)after subsection (5) there is inserted the following subsection—                  

“(5A)The Archbishop of the same province may, if he considers that there is any cause which appears to him to be good and reasonable,                           revoke, in writing, a permission granted to an overseas clergyman under this section, unless—                  

(a)the clergyman is a freehold incumbent or, at that time, holds office under Common Tenure, or                  

(b)the matter which constitutes a good and reasonable cause is a matter for which a censure of deprivation under section 49(1)(a)                           of the Ecclesiastical Jurisdiction Measure 1963 or a penalty under section 24(1)(a), (c) or (d) of the Clergy Discipline Measure                           2003 or a penalty of removal from office or prohibition for life under section 30 or 31 of that Measure could be, but has                           not been, imposed.”.                  

(3)After section 1 there is added the following section—                  

### “1AGeneral permission to overseas clergymen to officiate

(1)Without prejudice to section 1 of this Measure, the Archbishop of either province may, by an instrument in writing, grant,                           in accordance with the following provisions of this section, a general permission to overseas clergymen to officiate as priest                           or deacon in that province.                  

(2)A permission granted under this section shall specify—                  

(a)the class or description of overseas clergymen to which it relates,                  

(b)the functions, or class or description of functions, which any clergyman may exercise in accordance with the permission, and                  

(c)the duration of the permission.                  

(3)A permission granted under this section may be for an indefinite period or for such period as is specified in the permission                           and, where it is granted for a limited period, may be extended by a further permission, either for an indefinite or for a                           limited period.                  

(4)A clergyman may not, in accordance with any permission granted under this section, solemnize or publish the banns of a marriage.                  

(5)The Archbishop of either province may, at any time, amend or revoke a permission granted by him under this section by a further                           instrument in writing.                  

(6)No overseas clergyman may hold office under Common Tenure, unless he has a permission to officiate under section 1 of this                           Measure.                  

(7)Subject to subsections (4) and (6) of this section, a clergyman who officiates under a permission granted under this section                           shall, when exercising any function to which the permission relates,—                  

(a)be in the same position as if he had been granted permission to officiate under section 1 of this Measure, and                  

(b)for the duration of the permission, possess the same rights and advantages, and be subject to all such duties and liabilities,                           as he would have possessed and been subject to if he had been ordained by a bishop in a diocese in the province of Canterbury                           or York (otherwise than under section 5 of this Measure).                  

(8)Section 1(4) of this Measure shall apply to a permission granted under this section or an instrument amending or revoking                           such a permission as it applies to a permission granted or any instrument revoking a permission under that section and the                           reference in section 1(6) to a permission granted under that section shall include a reference to a permission granted under                           this section.”.                  

## 9Amendment of Synodical Government Measure 1969E

In the Church Representation Rules contained in Schedule 3 to the Synodical Government Measure 1969 (No. 2)—

(a)in rule 42(1), there is added at the end the following paragraph—                  

“(h)the Chair of the Dioceses Commission”; and                  

(b)in rule 46A(c), the words “the Central Board of Finance,” are omitted.                  

## 10Amendment of Endowments and Glebe Measure 1976E

(1)For section 6(1) of the Endowments and Glebe Measure 1976 (No. 4) there is substituted the following subsection—                  

“(1)The Commissioners may from time to time pay out of their general fund—                  

(a)such sums as they think fit towards the stipend of any person holding the office of archdeacon, and                  

(b)such annual sum in respect of the expenses incurred by any person referred to in paragraph (a) above in connection with the                           performance of the duties of that person's office as the Commissioners think fit.”.                  

(2)Schedule 2 contains further amendments to the Endowments and Glebe Measure 1976.                  

## 11Amendment of Incumbents (Vacation of Benefices) Measure 1977E

(1)After section 12 of the Incumbents (Vacation of Benefices) Measure 1977 (No. 1) there is inserted the following section—                  

### “12ARight of appeal against findings of tribunal

(1)An appeal may be brought against the findings contained in a report by a provincial tribunal under Part I or II of this Measure in accordance with the following provisions of this section.                  

(2)In the case of a report under Part I, the incumbent concerned or the parochial church council concerned may appeal against                           any findings of law or fact in the report.                  

(3)In the case of a report under Part I, the archdeacon in whose archdeaconry the benefice of the incumbent is or any person                           requesting an enquiry under section 1A(1)(d) may appeal against any findings of law in the report.                  

(4)In the case of a report under Part II, the incumbent may appeal against any findings of law or fact.                  

(5)There shall be an Appeal Panel for each province, which shall be constituted in the same way and from among the same persons                           as in the case of the Appeal Tribunals established under paragraph 13 of Schedule 4 to the Mission and Pastoral Measure 2011                           (No. 3) except that no person who—                  

(a)was a member of the provincial tribunal which conducted the enquiry which is the subject of the appeal, or                  

(b)was ineligible to be appointed to that tribunal under Schedule 1 to this Measure,                  

(6)The appellant must state the grounds, or a summary of the grounds, of the appeal.                  

(7)Where the appeal is brought under subsection (2) by the parochial church council, section 1A(1)(c), (3) and (4) apply in relation                           to the appeal except that the references to a request for an enquiry or a notice of intention to make it are to be construed                           as references to the appeal.                  

(8)Where the appeal is brought under subsection (3) by a person requesting an enquiry, section 1A(1)(d), (3) and (5) apply in                           relation to the appeal except that the references to a request for an enquiry or a notice of intention to make it are to be                           construed as references to the appeal.                  

(9)Notice of the appeal shall be given in writing to the bishop of the diocese in which the parish in question is and to the                           secretary of that diocese and section 1A(6) applies as it applies to a request for an enquiry.”.                  

(2)Schedule 2 contains further amendments to the Incumbents (Vacation of Benefices) Measure 1977.                  

## 12Amendment of Patronage (Benefices) Measure 1986E

(1)The Patronage (Benefices) Measure 1986 (No. 3) is amended as follows.                  

(2)After section 16 there is inserted the following section—                  

### “16ASpecial procedure for appointment of priest in charge as incumbent

(1)This section applies where a benefice is vacant and—                  

(a)the bishop is aware that a suspension period in respect of the benefice is shortly to come to an end, or has come to an end,                           or a restriction on presentation to the benefice is shortly to cease to be in force, or has ceased to be in force, and                  

(b)the bishop proposes that a priest in charge who holds office in respect of the benefice should be admitted to the benefice.                  

(2)Where subsection (1) above applies, the bishop may give notice of his proposal to—                  

(a)the registered patron, unless the bishop is the registered patron;                  

(b)the priest in charge; and                  

(c)the parochial church council of each parish belonging to the benefice.                  

(3)Upon receiving the notice referred to in subsection (2)(a) above and after the suspension period has come to an end or the                           restriction has ceased to be in force, the registered patron may, if content with the proposal, send a notice to the bishop                           presenting the priest in charge to him for admission to the benefice, if the following conditions are satisfied—                  

(a)the priest in charge has stated in writing that he is willing to be admitted to the benefice, and                  

(b)the parochial church council of each parish belonging to the benefice has passed a resolution stating that it approves the                           proposal that the priest in charge should be admitted.                  

(4)No member of a parochial church council who is the priest in charge or the spouse or civil partner of the priest in charge                           or the registered patron or the representative of the registered patron shall attend a meeting at which the resolution mentioned                           in subsection (3)(b) is proposed to be considered.                  

(5)Unless section 2 of the 2010 Measure applies, where the bishop is the registered patron, and the conditions set out in subsection                           (3)(a) and (b) are satisfied, he may, after complying with the requirements of section 19, collate the priest in charge to                           the benefice.                  

(6)Where section 2 of the 2010 Measure applies and the bishop is the relevant bishop for the purposes of section 2(2), the bishop                           shall, if Her Majesty has not given notice under section 2(3), if the conditions set out in subsection (3)(a) and (b) are                           satisfied, present the priest in charge on behalf of Her Majesty for admission to the benefice.                  

(7)Where—                  

(a)the registered patron has given notice in accordance with subsection (3) above, or                  

(b)the bishop has complied with the requirements of section 19 under subsection (5) above, or                  

(c)the bishop has presented the priest in charge on behalf of Her Majesty for admission to the benefice under subsection (6)                           above,                  

the provisions of this Measure mentioned in subsection (8) below and section 88(d) of the Mission and Pastoral Measure 2011                        shall not apply.                  

(8)The provisions referred to in subsection (7) above are sections 7, 11, 12, 13, 14, 15 and 16.                  

(9)Where a registered patron (other than the bishop) proposes to send a notice to the bishop in accordance with subsection (3),                           sections 8 and 9 shall apply as if the notice given by the bishop under subsection (2) were a notice under section 7(4).                  

(10)In this section “suspension period” has the meaning assigned to it in section 85(1) of the Mission and Pastoral Measure 2011 and “restriction” means a restriction on the right of presentation to a benefice imposed under section 38 or 87 of that Measure.”.                  

(3)In section 24(3), for the words “11 and 12” there are substituted “11, 12 and 16A” and for the words “ section 13 ” there are substituted “sections 13 and 16A”.                  

(4)In section 35(1A), the word “and” after paragraph (c) is omitted and there is added, at the end of paragraph (d), the word                        “ and ” and the following paragraph—                  

“(e)section 16A except subsection (9).”.                  

(5)Schedule 2 contains further amendments to the Patronage (Benefices) Measure 1986.                  

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## 16Amendment of Dioceses, Pastoral and Mission Measure 2007E

(1)The Dioceses, Pastoral and Mission Measure 2007 (No. 1) is amended as follows.                  

(2)In section 4(3), at the end there are added the following paragraphs—                  

“(e)the re-naming of a diocesan or suffragan see;                  

(f)the creation of a new suffragan bishopric.”.                  

(3)After section 4(3) there is inserted the following subsection—                  

“(3A)Where a new suffragan bishopric is created under subsection (3) above, the suffragan bishopric shall have effect as if an                           Order in Council had been made under section 2 of the Suffragans Nomination Act 1888 directing that the town concerned be                           taken and accepted for the see of a suffragan bishop.”.                  

(4)For paragraph 2 of Schedule 1 there is substituted the following paragraph—                  

### 

“2(1)The Chair and Vice-Chair shall be appointed by the Archbishops of Canterbury and York acting jointly in the following manner—                  

(a)the Chair shall be appointed with the approval of the General Synod, and                  

(b)the Vice-Chair shall be appointed from among the members of the House of Clergy and the House of Laity of the General Synod.                  

(2)Before appointing a lay person to be the Chair the Archbishops shall satisfy themselves that that person is an actual communicant                           within the meaning of rule 54(1) of the Church Representation Rules contained in Schedule 3 to the Synodical Government Measure                           1969.”.                  

(5)Schedule 2 contains further amendments to the Dioceses, Pastoral and Mission Measure 2007.                  

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## 18Power for General Cemetery Company to dispose of whole or part of Kensal Green CemeteryE

(1)Notwithstanding section 5 of the Act 2 & 3 Will. IV c. cx, the consistory court of the diocese of London may grant a faculty authorising the sale or other disposal by the General                        Cemetery Company of any land forming part of Kensal Green Cemetery which has been consecrated and set apart for the burial                        of the dead.                  

(2)Any sale or other disposal authorised under subsection (1) shall be subject to such conditions and on such terms as the court                        may determine.                  

## 19Provisions relating to Christ Church, OxfordE

For section 2(3) of the Church of England (Miscellaneous Provisions) Measure 1995 (No. 2) there is substituted the following                     subsection—                  

“(3)Notwithstanding sections 5 and 6 of the Ecclesiastical Commissioners Act 1840, which annexed 2 canonries in the chapter of                           the Cathedral Church of Christ in Oxford to, respectively, the Lady Margaret's professorship of divinity and the regius professorship                           of ecclesiastical history, those professorships may be held either by residentiary canons in the chapter or by lay canons                           appointed pursuant to subsection (1).”.                  

## 20Minor and consequential amendmentsE

Schedule 2 contains minor amendments and amendments which are consequential on other enactments or which clarify ambiguities                     in the law.                  

## 21Citation, commencement and extentE

(1)This Measure may be cited as the Church of England (Miscellaneous Provisions) Measure 2014.                  

(2)This section shall come into force on the day on which this Measure is passed and the other provisions of this Measure shall                        come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint and—                  

(a)different days may be appointed for different provisions or for different purposes, and                  

(b)an order may contain transitional or saving provisions.                  

(3)This Measure extends to the whole of the provinces of Canterbury and York, except that it only extends to the Channel Islands                        and the Isle of Man in accordance with the following provisions of this section.                  

(4)The following provisions extend to the Isle of Man—                  

(a)sections 1, 4, 8 and this section; and                  

(b)paragraphs 3, 4, 10, 12, 13, 18(1) and 20 of Schedule 2 and section 20, so far as it relates to those paragraphs.                  

(5)If an Act of Tynwald or an instrument made under an Act of Tynwald so provides, the following provisions also extend to the                        Isle of Man subject to such exceptions, adaptations or modifications as are specified in the Act of Tynwald or instrument—                  

(a)sections 5, 6, 7, 9, 11, 12, 13, 15, 16 and 17;                  

(b)paragraphs 5, 7, 8, 9, 15, 16, 17 and 19 of Schedule 2 and section 20, so far as it relates to those paragraphs; and                  

(c)Schedule 3.                  

(6)This section and sections 8, 9, 10, 11, 12, 13 and 16 and any provision of Schedule 2 which amends an enactment which extends                        to the Channel Islands and section 20, so far as it relates to that provision, may be applied to the Channel Islands as defined                        in the Channel Islands (Church Legislation) Measures 1931 and 1957 or either of them, in accordance with those Measures.                  

(7)The power to make an order conferred by subsection (2) shall be exercisable by statutory instrument and the Statutory Instruments                        Act 1946 (c. 36) shall apply to any such order as if it had been made by a Minister of the Crown and as if this Measure were                        an Act.                  

(8)Provision made under subsection (2)(b) may be contained in a separate order from the order which provides for the commencement                        to which the provision relates and, for that purpose, it does not matter—                  

(a)whether the order which provides for the commencement includes a provision made under subsection (2)(b);                  

(b)whether the commencement has taken place.                  

(9)An order which contains a provision made under subsection (2)(b) must be laid before Parliament and is subject to annulment                        in pursuance of a resolution of either House of Parliament.                  

# SCHEDULES

 Section 14

## SCHEDULE 1ECathedrals: Total Return

### “SCHEDULE A1 TO CATHEDRALS MEASURE 1999EInvestments of cathedral held on total return basis

1The Chapter must, at the time when it passes the resolution, identify and record which part of the cathedral's assets represents                           its unapplied total return, that is to say any funds which are available either for application for the purposes of the cathedral                           or for accumulation as part of its investments.

2The Chapter must from time to time determine which part of the unapplied total return should be available for application                           for the purposes of the cathedral and which part should be available for accumulation as part of its investments.

3If part of the unapplied total return is not allocated for application for the purposes of the cathedral or for accumulation                           as part of its investments, it shall be treated as if it were allocated for accumulation as part of its investments until                           the Chapter makes a determination in accordance with paragraph 2.

4The Chapter must set out in its annual report and accounts—

(a)a statement of the policy adopted by it for making the identification required by paragraph 1 and of the date from which the                           analysis required by that paragraph was performed, and                  

(b)an explanation of its approach to determining, under paragraph 2, which part of the unapplied total return should be available                           for application for the purposes of the cathedral and which part should be available for accumulation as part of its investments.                  

5The notes to the annual report and accounts must specify—

(a)the aggregate value of the assets representing the unapplied total return at the start of the year to which the accounts relate,                  

(b)any increase or decrease in that value during the year,                  

(c)the part of the unapplied total return that the Chapter has allocated for investment, and                  

(d)the aggregate value of the assets representing the unapplied total return at the balance sheet date.                  

6In section 17A and this Schedule “unapplied total return” has the meaning specified in paragraph 1 and “total return” means the whole of the investment return received by the cathedral's endowment.”

 Section 20

## SCHEDULE 2EMinor and consequential amendments

### Ecclesiastical Commissioners Act 1850E

1ESection 1(2) of the Ecclesiastical Commissioners Act 1850 (13 & 14 Vict. c. 94) is repealed.

### New Parishes Measure 1943E

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### Church Commissioners Measure 1947E

3(1)The Church Commissioners Measure 1947 is further amended as follows.E

(2)In section 4(5) after the word “post” there are inserted the words “ or by electronic transmission ”.

(3)For section 5(2) there is substituted the following subsection—

“(2)The Archbishop of Canterbury shall be the chairman of the Board and—                  

(a)he may appoint a deputy chairman from among the members of the Board, who may act as chairman in the Archbishop's absence                           at any meeting to be held during the period of five years following the date of his appointment; and                  

(b)if neither the chairman nor the deputy chairman is present at any meeting, the members attending the meeting may elect a member                           to act as chairman of that meeting.”.                  

(4)Section 6 is amended as follows—

(a)the Audit Committee established by section 6(1) is re-named the Audit and Risk Committee and, accordingly, the references                        in that section and in any other provision of the Measure and in any other enactment to the Audit Committee shall be construed                        as references to the Audit and Risk Committee;

(b)in subsection (3A), in the definition of “actuary”, for the words “Institute of Actuaries or of the Faculty of Actuaries in                        Scotland” there are substituted the words “ Institute and Faculty of Actuaries ”;

(c)in subsection (3B), after paragraph (a) there is inserted the following paragraph—

“(aa)a duty to keep under review the risks, including financial risks, to which the Commissioners are exposed in carrying out their                           functions and the adequacy of the steps taken by the Commissioners to mitigate those risks;”;                  

(d)for subsection (4) there is substituted the following subsection—

“(4)The Standing Orders regulating the procedure of the Board, the Assets Committee or any committee appointed by the Board may                           provide for authorising the chairman, deputy chairman or an appropriate officer to act on behalf of the Board, the Assets                           Committee or other committee, as the case may be, in relation to such matters as the Board may think fit.”; and                  

(e)for the heading to the section there is substituted “ Assets Committee and Audit and Risk Committee ”.

(5)In section 9, there is added at the end the following subsection—

“(3)In this section “signature” includes signature by electronic means.”                  

(6)In paragraph 2 of Schedule 1—

(a)for the sentence beginning “Nominated Commissioners” there is substituted the following sentence—

“Nominated Commissioners shall hold office for such period as the person or persons making the nomination may determine.”, and                  

(b)the sentence beginning “In this paragraph” is omitted.

(7)In paragraph 5A of Schedule 1, for the words “a House” there are substituted the words “ the House of Bishops ”.

(8)For paragraph 6 of Schedule 1, there is substituted the following paragraph—

“6Every lay Commissioner, other than a person who is a Commissioner in right of office, shall, upon appointment and before acting                           as a Commissioner, sign and return to an officer of the Commissioners a written declaration of membership of the Church of                           England.”.

(9)After paragraph 5 of Schedule 4 there is inserted the following paragraph—

“5A(1)The chairman of the Board or of any committee may, if he considers that any business can properly be conducted by correspondence,                           instruct the secretary of the Board or of the committee to circulate to the Board or the committee in writing or by electronic                           transmission proposals requiring the approval of its members.                  

(2)Unless objections to the proposals are received from any members in such numbers and within such period from the date of their                           posting or transmission (as the case may be), as may be specified in Standing Orders, the proposals shall be deemed, at the                           expiry of that period, to be approved by the Board or the committee with the same effect as if they had been approved at a                           duly convened meeting.”.                  

### Clergy Pensions Measure 1961E

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### Sharing of Church Buildings Act 1969E

5(1)The Sharing of Church Buildings Act 1969 (c. 38) is amended as follows.E

(2)For section 11(3) there are substituted the following subsections—

“(3)Any Church which is a member of Churches Together in Britain and Ireland or is affiliated to the Evangelical Alliance or is                           a member of the governing body of Affinity may give notice in writing to the company secretary of Churches Together in Britain                           and Ireland or the company secretary of the Evangelical Alliance or the director of Affinity, as the case may be, that it                           desires that this Act shall apply to the Church and the notice shall specify the appropriate authority or authorities for                           the purposes of this Act.                  

(4)The person to whom the notice referred to in subsection (3) of this section is given shall publish in the London Gazette a                           notice signed by him—                  

(a)stating that the Church is a member of Churches Together in Britain and Ireland, or is affiliated to the Evangelical Alliance                           or is a member of the governing body of Affinity, as the case may be;                  

(b)stating that this Act will apply to that Church as from the date of publication of the notice; and                  

(c)specifying the appropriate authority or authorities for the purposes of this Act;                  

and thereupon this Act applies to that Church as from that date and has effect as if an entry in respect of that Church and                        the appropriate authority or authorities so specified were made in Schedule 2.                  

(5)Where a notice was published in the London Gazette purporting to state that this Act applied to a Church before the coming                           into force of paragraph 5 of Schedule 2 to the Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), this Act                           is deemed to have applied to that Church from the date of its coming into force or, if the Church was created after that date,                           from the date of its creation and the appropriate authority or authorities specified are deemed to have been specified from                           that date.”.                  

(3)Schedule 2 is amended by adding the Churches specified in the first column of Schedule 3 to this Measure.

(4)The second column of Schedule 2 (as amended by Schedule 3 to this Measure) specifies the appropriate authority or authorities                        for the purposes of the Act in relation to each of the Churches specified in the first column.

(5)The third entry in Schedule 2 is deleted.

### Endowments and Glebe Measure 1976E

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### Incumbents (Vacations of Benefices) Measure 1977E

7ESchedule 2 to the Incumbents (Vacation of Benefices) Measure 1977 is amended as follows—

(a)in paragraph 2(1)(a)(i), after the words “ecclesiastical service” there are inserted the words “ , in respect of service served up to 31st December 1997 and in pensionable service within the meaning of rules made under                           section 2 of the Pensions Measure 1997 (“the Funded Scheme rules”), in respect of service served after that date ”;

(b)in paragraph 2(2)(b), after the words “pension regulations” there are inserted the words “ or the Funded Scheme rules ”;

(c)in paragraph 2(2)(c), for the words from “whole-time” to “pensions regulations)” there are substituted the words “ service which is pensionable service within the meaning of the Funded Scheme rules ”;

(d)for paragraph 2(4) there is substituted the following sub-paragraph—

“(4)The period during which a person is in receipt of periodical payments under paragraph 2 shall be deemed to be a period of                           pensionable service for the purposes of the Funded Scheme rules, but shall not constitute “service” for any other purpose                           of those rules”;                  

(e)in paragraph 7 there are added the words “ and, in the case of a person who is in receipt of periodical payments under paragraph 2, the diocesan board of finance is                           “the responsible body” for the purposes of section 4 of the Pensions Measure 1997 ”; and

(f)in paragraph 8—

(i)in sub-paragraph (1), after the definition of “pensions regulations” there are inserted, at the appropriate place, the following                        definitions—
          -  “the Funded Scheme Rules” means the rules made under section 2 of the Pensions Measure 1997,                         
          -  “stipendiary ecclesiastical service” has the same meaning as in the pensions regulations, and                         
          -  “retiring age” has the same meaning as in the Funded Scheme rules; and                         

(ii)sub-paragraph (2) is omitted.

### Ecclesiastical Fees Measure 1986E

8EIn section 10 of the Ecclesiastical Fees Measure 1986, in the definition of “church”, after the words “parish church” there                        are inserted the words “ a parochial chapel, a chapel of ease, a chapel of a conventional district ”.

### Patronage (Benefices) Measure 1986E

9(1)The Patronage (Benefices) Measure 1986 is further amended as follows.E

(2)In section 10, for the word “wife” there are substituted the words “ spouse or civil partner ”.

(3)For section 35(1B) there are inserted the following subsections—

“(1B)Where—                  

(a)Her Majesty has the right of presentation to a benefice which is vacant during a vacancy in the see of a diocesan bishop and                           to which the right of presentation would, but for that vacancy, be exercisable by that bishop, and Her Majesty has given notice                           under section 2(3) of the 2010 Measure, or                  

(b)that right of presentation is exercisable on behalf of Her Majesty by the relevant bishop under section 2(2) of that Measure,                  

any reference to the registered patron in any provision of this Measure listed in subsection (1C) below shall be construed                        as references—                  

(i)where paragraph (a) above applies, to Her Majesty, and                  

(ii)where paragraph (b) above applies, to the relevant bishop.                  

(1C)The provisions referred to in subsection (1B) are sections 7(4), 11(8), so far only as it relates to parish representatives,                           13(1)(b)(i), (3) and, so far only as they relate to parish representatives, (4) and (5), 22 and 34(5).”.                  

(4)In section 35(7)(a) the words “, in the case of a shared benefice,” are omitted.

(5)After section 35(7) there is inserted the following subsection—

“(7A)Where section 2 of the 2010 Measure applies—                  

(a)if Her Majesty has not given any such notice as is referred to in subsection (3) of that section, section 35(7)(a) above has                           effect as if the second and third references to Her Majesty were references to the relevant bishop, and                  

(b)section 35(7)(b) above has effect as if the reference to a person other than Her Majesty did not include a reference to the                           relevant bishop.”.                  

(6)In section 37(1), for the words “shall be in the prescribed form” there are substituted the words “ shall, where the form of the notice is prescribed by the Patronage (Procedure) Committee, be in the prescribed form ”.

(7)In section 39(1), at the beginning of the definitions, there is inserted the following definition—
          -  ““the 2010 Measure” means the Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010 (No. 2);”.                         

### Church of England (Ecumenical Relations) Measure 1988E

10EFor section 5(2)(b) of the Church of England (Ecumenical Relations) Measure 1988 (No. 3), there is substituted the following                        paragraph—

“(b)at the time of designation—                  

(i)the Church is a member of one of the following bodies, namely, Churches Together in Britain and Ireland, Churches Together                           in England, the Evangelical Alliance or Affinity, or of any body which is jointly determined by the Archbishops of Canterbury                           and York to be the successor of any such body, or                  

(ii)in the case of a Church outside the United Kingdom, it is nominated by resolution of the General Synod for the purposes of                           this section.”.                  

### Planning (Listed Buildings and Conservations Areas) Act 1990E

11EIn section 60(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), at the end there are added the                        following words “ unless it is a building which is a chapel forming part of an episcopal house of residence and is included in the list maintained                           by the Church Buildings Council under section 1 of the Care of Places of Worship Measure 1999 or is otherwise subject to the                           faculty jurisdiction ”.

### Pensions Measure 1997E

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

### National Institutions Measure 1998E

13(1)The National Institutions Measure 1998 (No. 1) is amended as follows.E

(2)The power of the Archbishops' Council, under section 2(3), to apply or distribute sums made available by the Church Commissioners                        under section 2(1), is to be construed (and is deemed always to have had effect) as enabling the Council in its discretion                        to apply or distribute those sums to such body in a diocese as the Council thinks fit for allocation to parishes in that diocese                        in such manner as the body thinks appropriate, subject to the requirements of section 2(3).

(3)In section 10(a), the words from “at least one third” to the end of the paragraph are omitted.

(4)In Part II of Schedule 1, there is added at the end the following paragraph—

“17(1)The Council and its committees may authorise such officers as the Council may specify to carry out on its or their behalf                           such functions as may be specified.                  

(2)The Council or any of its committees may, if it considers that any business can properly be conducted by correspondence, instruct                           the Secretary General or the secretary of the committee to circulate to the Council or the committee in writing or by electronic                           transmission proposals requiring the approval of its members.                  

(3)Unless objections to the proposal are received from members of the Council or the committee in such numbers and within such                           period from the date of their posting or transmission (as the case may be), as the Council or the committee may specify, the                           proposals shall be deemed, at the expiry of that period, to be approved by the Council or the committee with the same effect                           as if they had been approved at a duly convened meeting.”.                  

### Cathedrals Measure 1999E

14E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Churchwardens Measure 2001E

15EFor section 5(7) of the Churchwardens Measure 2001 (No. 1) there is substituted the following subsection—

“(7)The Church Representation Rules contained in Schedule 3 to the Synodical Government Measure 1969 (No. 1) may provide for the                           procedure to be followed at a meeting of the parishioners for the purposes of this Measure and, subject to any provision in                           the Rules, the meeting has power to adjourn and to determine its own rules of procedure.”.                  

### Dioceses, Pastoral and Mission Measure 2007E

16EParagraph 5 of Schedule 6 to the Dioceses, Pastoral and Mission Measure 2007 becomes sub-paragraph (1) of that paragraph and                        there is added the following sub-paragraph—

“(2)On making an instrument under sub-paragraph (1) the bishop shall send a copy of the instrument to the Commissioners, the Commission                           and the registrar of the diocese, and the registrar shall file it in the diocesan registry.”.                  

### Ecclesiastical Offices (Terms of Service) Measure 2009E

17ESection 3 of the Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1) is amended as follows—

(a)after subsection (3)(a) there is inserted the following sub-paragraph—

“(aa)in the case of an archbishop or a bishop, on his resignation under section 1 or 4 of the Bishops (Retirement) Measure 1986;”;                  

(b)in subsection (4) the words “or (h)” are omitted; and

(c)after subsection (4) there is inserted the following subsection—

“(4A)The bishop of the diocese in which an office holder referred to in section 1(1)(h) of this Measure holds office may revoke                           the office holder's licence to exercise the office only on grounds of misconduct, including any act or omission relating to                           matters involving ritual, doctrine or ceremonial or in accordance with the capability procedures.”.                  

### Church of England (Miscellaneous Provisions) Measure 2010E

18(1)Section 8 of the Church of England (Miscellaneous Provisions) Measure 2010 (No. 1) (“the 2010 Measure”) is repealed.E

(2)For the avoidance of doubt, the repeal by section 12 of and Schedule 2 to the 2010 Measure of paragraph 13 of Schedule 5 to                        the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) does not affect the amendment made by that paragraph                        to the Commons Registration Act 1965 (c. 64).

### Mission and Pastoral Measure 2011E

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

### Church of England Pensions Regulations 1988E

20E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

 Schedule 2

## SCHEDULE 3EChurches added to Schedule 2 to Sharing of Church Buildings Act 1969