OpenLegislation

Section 2 Procedure for making Parochial Fees Orders.C1

England

(1)

Every draft Parochial Fees Order F1or Scheduled Matters Amending Order shall be laid before the General Synod and if it is approved by the General Synod, whether with or without amendment, the draft order as so approved shall be referred to the F2Archbishops’ Council..

(2)

Where a draft order is referred to the Archbishops’ Council. under subsection (1) above then—

(a)

if it has been approved by the General Synod without amendment, the Archbishops’ Council. shall, by applying their seal, make the order;

(b)

if it has been approved by the General Synod with amendment, the Archbishops’ Council. may either—

(i)

by applying their seal make the order as so amended, or

(ii)

withdraw the draft order for further consideration in view of any amendment made by the General Synod;

and a Parochial Fees Order or Scheduled Matters Amending Order shall not come into force until it has been sealed by the Archbishops’ Council..

C2(3)

Where the Standing Committee of the General Synod determines that a draft Parochial Fees Order or Scheduled Matters Amending Order does not need to be debated by the General Synod, then, unless—

(a)

notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the draft order to be debated, or

(b)

notice is so given by any such member that he wishes to move an amendment to the draft order F3. . .,

the draft order shall for the purposes of subsections (1) and (2) above be deemed to have been approved by the General Synod without amendment.

(4)

The M1Statutory Instruments Act 1946 shall apply to a Parochial Fees Order or Scheduled Matters Amending Order sealed by the Archbishops’ Council. under subsection (2) above as if it were a statutory instrument and were made when sealed by the Commissioners and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1

Words in s. 2(1)(2)(3)(4) inserted (1.7.2011) by Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 2, 6(2) (with s. 5(3)); 2011 No. 1, art. 2

F2

Words in s. 2 substituted (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 4(4), Sch. 2 para. 2(1); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F3

Words in s. 2(3)(b) omitted (1.9.1995) by virtue of 1995 No. 2, s. 14; Instrument dated 26.7.1995 made by Archbishops of Canterbury and York

Marginal citations

M1

1946 c. 36.

Modifications

C1

S. 2: Functions of the Church Commissioners transferred (1.1.1999) to Archbishops' Council S.I. 1998/1715, arts. 1(2)(4), 3; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

C2

S. 2(3): Functions of Standing Committee transferred (1.1.1999) to Business Committee by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York