OpenLegislation

The Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (Commencement, Transitional and Saving Provisions) Order 2015

S.I. 2015/593 · Made 9 March 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Ecclesiastical Law, England

Made 9th March 2015

The Archbishops of Canterbury and York, in exercise of the powers conferred by section 11(2) and (3) of the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015f1, make the following Order:

Annotations to the whole text

Footnotes

f1

2015 No. 1.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Transitional and saving provisions
  4. Signature
  5. Schedule: Transitional and saving provisions
  6. 1Chancellor’s guidance as to the planting etc. of trees in churchyards
  7. 2Chancellor’s guidance on matters which may be undertaken without a faculty
  8. 3Membership of Rule Committee
  9. 4Provisions relating to allocation of appeals
  10. 5Provisions relating to duration of office of chancellor
  11. 6Provisions relating to duration of office of chancellor
  12. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (Commencement, Transitional and Saving Provisions) Order 2015.

(2)

In this Order—

  • “the commencement date” means the date appointed by article 2;

  • “the Measure” means the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015;

  • “the 1963 Measure” means the Ecclesiastical Jurisdiction Measure 1963f1; and

  • “the 1991 Measure” means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991f2.

2Commencement

All the provisions of the Measure which are not already in force come into force on 1st April 2015.

3Transitional and saving provisions

The Schedule contains transitional and saving provisions which apply in relation to provisions of the Measure that are commenced by this Order.

Signature

+ Justin Cantuar:

Archbishop of Canterbury

9th March 2015

+ Sentamu Eboracensis

Archbishop of York

9th March 2015

1Chancellor’s guidance as to the planting etc. of trees in churchyards

The chancellor of a diocese must continue on and after the commencement date to give guidance under section 6(3) of the 1991 Measure as originally enacted until the Church Buildings Council gives guidance under that subsection as amended by section 1 of the Measure.

2Chancellor’s guidance on matters which may be undertaken without a faculty

The chancellor of a diocese must continue on and after the commencement date to give guidance under section 11(8) of the 1991 Measure as if that subsection had not been omitted until rules made by virtue of section 18B of the 1991 Measure (as inserted by section 5(1) of the Measure) come into force.

3Membership of Rule Committee

A person who immediately before the commencement date was a member of the Rule Committee by virtue of having been nominated by the Church Buildings Council under section 25(1)(f) of the 1991 Measure is to be treated as being one of the three persons nominated by the Church Buildings Council under section 25(2)(e) of the 1991 Measure (as inserted by section 6(2) of the Measure).

4Provisions relating to allocation of appeals

The amendments made by section 7 of the Measure do not have effect in the case of proceedings where an application for leave to appeal under section 7, or an application for a certificate under section 10(3), of the 1963 Measure was made before the commencement date.

5Provisions relating to duration of office of chancellor

Paragraph 6 applies where, on the commencement date, a chancellor is holding office by virtue of the bishop having authorised the chancellor’s continuance in office under section 2(4A) of the 1963 Measure (in the form it took immediately before the commencement of section 9 of the Measure).

6Provisions relating to duration of office of chancellor

Section 9(1) of the Measure has effect as if it provided only for the insertion of subsections (4B) to (4D) and not for the substitution of subsection (4A).

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st April 2015 all the provisions of the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 except for section 11 (which came into force on Royal Assent). It also makes transitional and saving provisions.