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The Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010

S.I. 2010/2847 · Made 29 November 2010 · Extends to England

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Ecclesiastical Law, England

Made (sealed by the Archbishops’ Council) 29th November 2010

Laid before Parliament 3rd December 2010

Coming into force 31st January 2011

In pursuance of section 11(1) of the Ecclesiastical Offices (Terms of Service) Measure 2009f1, the Archbishops’ Council makes the following Order:

Annotations to the whole text

Footnotes

f1

2009 No.1.

Contents

  1. 1Citation coming into force and interpretation
  2. 2Transitional provisions
  3. 3Consequential amendments and repeals
  4. Signature
  5. Schedule 1: TRANSITIONAL PROVISIONS
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. 3Paragraph 3
  9. Schedule 2: AMENDMENTS AND REPEALS
  11. 1Paragraph 1 Repealed
  12. 2Paragraph 2 Repealed
  13. 3Paragraph 3 Repealed
  14. 4Paragraph 4 Repealed
  15. 5Paragraph 5 Repealed
  16. 6Paragraph 6 Repealed
  17. 7Paragraph 7 Repealed
  18. 8Paragraph 8 Repealed
  19. 9Paragraph 9 Repealed
  20. 10Paragraph 10 Repealed
  21. 11Paragraph 11 Repealed
  22. (15 & 16 Geo. 6 & 1 Eliz. 2 c. xxxviii)
  23. 12Paragraph 12
  24. Explanatory note

1Citation coming into force and interpretationI1

(1)

This Order contains amendments and repeals of enactments and transitional provisions which appear to the Archbishops’ Council to be necessary or expedient in consequence of provisions of the Ecclesiastical Offices (Terms of Service) Measure 2009f1.

(2)

In this Order “the Measure” means the Ecclesiastical Offices (Terms of Service) Measure 2009.

(3)

This Order may be cited as the Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010 and shall come into force on 31st January 2011.

2Transitional provisionsI1

The transitional provisions set out in Schedule 1 shall have effect.

3Consequential amendments and repealsI1

The consequential amendments and repeals set out in Schedule 2 shall have effect.

Signature

The draft of this Order was approved by the General Synod of the Church of England on 24th November 2010

David Williams

Clerk to the Synod

Church House, London SW1P 3AZ

The COMMON SEAL of the Archbishops’ Council was hereunto affixed on 29th November 2010.

L.S.

1I1

(1)

Subject to sub-paragraph (2), the holder of any freehold ecclesiastical office who is appointed after the date of the coming into force of section 1 of the Measure by virtue of a pastoral scheme or order to a new office which would, but for the Measure, have been a freehold office and who is not subject to Common Tenure shall not, thereby, be subject to Common Tenure unless he or she agrees to the application of the Measure to him or her.

(2)

Any rector who holds office in a team ministry on that date, who is not subject to Common Tenure and who is appointed after that date by virtue of a pastoral scheme or order to a new office which would have been a freehold office but for the Measure shall hold the office for the unexpired portion of his or her term of office on the date on which the appointment takes effect and, at the expiry of that term, shall, unless he or she has agreed to the application of the Measure prior to that expiry, thereupon become subject to Common Tenure.

2I1

Any holder of an ecclesiastical office whose office has been terminated by notice given before the date mentioned in paragraph 1(1), taking effect on or after that date, shall not be subject to Common Tenure.

3I1

Notwithstanding the repeal of section 4 of the Church of England (Miscellaneous Provisions) Measure 1995f1 by Schedule 3 to the Measure, that section shall continue to have effect in relation to the holder of an ecclesiastical office referred to in that section who is not subject to Common Tenure.

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12I1

Section 12(6), (7) and (8) are repealed.

Explanatory note

(This note is not part of the Order)

This Order contains transitional provisions and amendments of enactments which are consequential on the provisions of the Ecclesiastical Offices (Terms of Service) Measure 2009 and of Amending Canon No. 29 and of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (S.I.2009/2108), as amended by the Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2010 (S.I. 2010/2407).

The provisions of the Order disapply the application of Common Tenure to certain statutory provisions and, in particular, those of the Pluralities Act 1838 which relate to the residence of incumbents in their benefices and, in respect of other provisions, ensure the smooth transition to the new Common Tenure regime.