Ecclesiastical Jurisdiction and Care of Churches Measure 2018
2018 ukcm 3 · Enacted 10 May 2018 · Extends to England
A Measure passed by the General Synod of the Church of England to consolidate with corrections and minor improvements certain enactments relating to ecclesiastical jurisdiction and the care of churches and other places of worship.
[10th May 2018]
Contents
- Part 1: THE ECCLESIASTICAL COURTS
- The consistory courts
- 1The consistory courts: continuation
- 2Judge: appointment
- 3Judge: term of office
- 4Deputy judge: appointment and term of office
- 5Regulations as to maximum number of offices held
- 6Judge and deputy judge: oaths
- 7Jurisdiction
- 8Proceedings
- The Arches and Chancery Courts
- 9The Arches and Chancery Courts: continuation
- 10Judges: appointment
- 11The Dean of the Arches and Auditor: term of office
- 12Deputy Dean of the Arches and Auditor: appointment and term of office
- 13Judges: oaths
- 14Jurisdiction
- 14ADecisions treated as taken by each Court
- 15Proceedings
- The Court of Ecclesiastical Causes Reserved
- 16The Court of Ecclesiastical Causes Reserved: continuation
- 17Judges: appointment
- 18Jurisdiction
- Commissions of review
- 19Commissions of review: continuation
- 20Proceedings
- Privy Council appeals
- 21Appellate jurisdiction of Her Majesty in Council
- Miscellaneous
- 21ATraining requirements for ecclesiastical judges
- 22Vacancy in see etc.
- 23Officials Principal etc.
- 24Place where courts etc. to sit
- 25Evidence and contempt
- 26Costs
- 27Other ecclesiastical jurisdictions
- Part 2: LEGAL OFFICERS
- 28Provincial registrar: continuation of office
- 29Provincial registrar: deputy etc.
- 30Diocesan registrar: continuation
- 31Diocesan registrar: deputy
- 32Registrars: term of office
- 33Regulations as to maximum number of offices held
- 34Prohibition on appointment as archdeacon's official principal or registrar
- Part 3: CARE OF CHURCHES ETC.
- General duty
- 35Duty to have regard to church's purpose and environmental protection
- Diocesan Advisory Committees
- 36Advisory committees: continuation
- 37Advisory committees: functions
- The list of places of worship
- 38The list
- 39Application for inclusion in the list
- 40Application: who may apply
- 41Application: requirements for consent etc.
- 42Determination of application, removal from list
- 43Effect of inclusion in the list
- 44The list: supplementary provision
- Inspection
- 45Scheme for inspection of church or building in the list
- 46Inspection: contents etc.
- 47Archdeacon's power to require inspection of church
- 48Power to require inspection of other place of worship
- Role of churchwardens, PCCs and archdeacons
- 49Role of churchwardens in recording information
- 50Role of churchwardens in inspecting fabric etc. of church
- 51Role of PCC in maintaining etc. trees in churchyards
- 52Role of archdeacon in convening meeting in a case of default
- 53Role of archdeacon in ordering deposit of articles in place of safety
- Parochial libraries
- 54Preservation etc. of parochial libraries
- Interpretation
- 55Interpretation of Part 3
- Part 4: FACULTY JURISDICTION
- Application of jurisdiction
- 56Churches, churchyards and articles
- 57Curtilages of churches
- 58Buildings licensed for public worship on or after 1 March 1993
- 59Buildings licensed for public worship before 1 March 1993
- Procedure
- 60Parties to faculty proceedings
- Subject-matter of faculty
- 61Vesting of privately owned parts of church
- 62Demolition of church
- 63Emergency demolition of church
- 64Erection of building on disused burial ground
- 65Exclusive right to burial places
- 66Monuments
- 67Sale of books in a parochial library
- Powers of court
- 68Conditions etc. on grant of faculty
- 69Costs orders against person responsible for act or default
- 70Special citation to add party to proceedings
- 71Injunction
- 72Restoration order
- 73Sections 69, 70 and 72: deliberate concealment of facts
- Role of archdeacon
- 74Exercise of faculty jurisdiction
- 75Grant of licence for temporary minor re-ordering
- 76Convening meeting in a case of default
- Cases where faculty not required
- 77Power to specify matters in rules
- 78Power of chancellor to specify matters
- Supplementary
- 79Consultation with advisory committee
- Interpretation
- 80Interpretation of Part 4
- Part 5: MISCELLANEOUS
- Rules
- 81Rule Committee: continuation and membership
- 82Rule Committee: procedure etc.
- 83Rule Committee: powers to make rules
- Fees
- 84Fees Advisory Commission: continuation and membership
- 85Fees Advisory Commission: term of office and procedure
- 86Fees orders
- 87Fees: power of chancellor
- Burials and consecration
- 88Burials in parish burial ground
- 89Consecration of ground added to churchyard
- 90Reservation of right to burial in land added to churchyard
- 91Conditions on reservation under section 90
- 92Power of bishop to remove legal effects of consecration
- 93Section 92: application to Crown land
- Other matters
- 93ALive broadcast of proceedings
- Part 6: GENERAL
- Procedure
- 94Regulations, rules and orders
- Interpretation
- 95Interpretation
- Ancillary provision
- 96Consequential amendments
- 97Transitional, saving and transitory provision
- 98Repeals and revocations
- Final provision
- 99Commencement
- 100Extent
- 101Short title
- Schedule 1: OTHER ECCLESIASTICAL JURISDICTIONS
- Revival of amendments made by Care of Cathedrals (Supplementary Provisions) Measure 1994
- 1Paragraph 1
- Amendments of the Ecclesiastical Jurisdiction Measure 1963
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Amendments of the Care of Cathedrals Measure 2011
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Schedule 2: DIOCESAN ADVISORY COMMITTEE: CONSTITUTION
- Name
- 1Paragraph 1
- Membership: appointment
- 2Paragraph 2
- Membership: term of office
- 3Paragraph 3
- Membership: casual vacancies
- 4Paragraph 4
- Membership: co-opting
- 5Paragraph 5
- Consultants
- 6Paragraph 6
- Secretary
- 7Paragraph 7
- Schedule 3: CONSEQUENTIAL AMENDMENTS
- Part 1: PRIMARY LEGISLATION
- Burial Act 1857
- 1Paragraph 1
- City of London (Guild Churches) Act 1952
- 2Paragraph 2
- Church Property (Miscellaneous Provisions) Measure 1960
- 3Paragraph 3
- Ecclesiastical Jurisdiction Measure 1963
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Overseas and Other Clergy (Ministry and Ordination) Measure 1967
- 7Paragraph 7
- Synodical Government Measure 1969
- 8Paragraph 8
- Ecclesiastical Fees Measure 1986
- 9Paragraph 9
- Planning (Listed Buildings and Conservation Areas) Act 1990
- 10Paragraph 10
- Clergy Discipline Measure 2003
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Constitutional Reform Act 2005
- 14Paragraph 14
- Dioceses, Pastoral and Mission Measure 2007
- 15Paragraph 15
- Mission and Pastoral Measure 2011
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Care of Cathedrals Measure 2011
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part 2: PROCEDURAL RULES
- Ecclesiastical Jurisdiction (Discipline) Rules 1964 (S.I. 1964/1755)
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Patronage (Benefices) Rules 1987 (S.I. 1987/773)
- 27Paragraph 27
- Patronage (Appeals) Rules 1988 (S.I. 1988/1980)
- 28Paragraph 28
- Care of Places of Worship Rules 1999 (S.I. 1999/2111)
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Care of Cathedrals Rules 2006 (S.I. 2006/1941)
- 35Paragraph 35
- Faculty Jurisdiction Rules 2015 (S.I. 2015/1568)
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- Part 3: FEES ORDERS
- Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2017 (S.I. 2017/796)
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- Legal Officers (Annual Fees) Order 2017 (S.I. 2017/797)
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- Schedule 4: TRANSITIONAL, SAVING AND TRANSITORY PROVISIONS
- Part 1: TRANSITIONAL AND SAVING PROVISIONS
- Continuity of the law
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Effect of previous transitionals and savings
- 6Paragraph 6
- 7Paragraph 7
- Use of existing forms etc.
- 8Paragraph 8
- Duplicated repeals
- 9Paragraph 9
- Part 2: TRANSITORY PROVISIONS
- Proceedings for determining rights to compensation for loss of office etc.
- 10Paragraph 10
- Schedule 5REPEALS AND REVOCATIONS