Implications of the Dioceses, Pastoral and Mission Measure 2007

Dioceses, Pastoral and Mission Measure 2007 (DPMM) implications for the work of the Pastoral Division of the Church Commissioners and diocesan colleagues involved in pastoral work [last updated 23 July 2009]

There are some significant changes to the procedures. The pastoral work falls into the two following main categories, with the majority of the changes being to the latter:

(1) Pastoral Church Buildings Schemes

(a) In any proposals involving the closure of a church building, the Commissioners will continue to draft and publish the Scheme (i.e. where, for example, there is an union of benefices and parishes, and a proposed declaration of closure for regular public worship of a church building,  the Commissioners will carry on with their existing roles).

(b) Local Planning Authorities are now only statutory interested parties in matters involving a church building closure. In addition Civil Parish Councils must now also be consulted in such instances (or, where there is no parish council, the chairman of the parish meeting). Additionally, as a matter of good practice, the Commissioners will also ask the diocese to provide them with details of the ward councillors of any parish in which any such church building is located, in order to also serve notices on them;

AND

(2) Pastoral Schemes and Orders

The main change for diocesan colleagues dealing with pastoral reorganisation matters is that, where the section 3(1) formal consultations under the Pastoral Measure 1983 started on or after 11 June 2008, they will now be drafting and publishing the statutory notices for draft Schemes and Orders. They will also be circulating the completed Schemes, Orders and Instruments to the interested parties including anyone with an interest in a particular matter, e.g. a non-stipendiary minister looking after any of the affected parishes; representors. 

Please see this diagram explanation of the changes to the process of a Pastoral Scheme or Order under the DPMM 2007.

Please click here to access a note regarding restriction of presentation that has inadvertently come about as a result of the DPMM 2007 Measure.

The Commissioners' approval is still required to all draft Schemes and Orders

The Commissioners will need to approve any draft Scheme or Order before it is published to the statutory interested parties. Representations will continue to be made to the Commissioners, with the Commissioners’ Pastoral Committee adjudicating on them.

Anything that is capable of being achieved via a Pastoral Order can also be dealt with under a section 14 shortened procedure Order, subject to all the interested parties giving, or being deemed to have given, their consent (those not responding to formal notice of what is proposed are deemed to have consented).

Below are links to the various documents prepared by the Commissioners to enable diocesan colleagues to undertake their new roles in connection with the preparation, publication and circulation of Pastoral Schemes and Orders. All of them, apart from the Desktop Manual which contains references to legal opinions provided to the Commissioners by their legal advisors, can be opened without a password. Diocesan colleagues will have access to the Desktop Manual via a restricted password that will be e-mailed separately to them by the Commissioners.

Step 1

When sending in draft Schemes or Orders to the Commissioners for approval, the supporting documentation must include:

• the signed Bishop’s proposals

• Form P2

• • this now includes a question, under 4a, asking whether the incumbents of each of the benefices concerned hold patronage interests elsewhere in right of their office. This is to ensure that any such patronage interest is correctly provided for under the proposed reorganisation.  For example, if Benefice A is being dissolved, and the incumbent of Benefice A has a patronage interest in Benefice B, such an interest will be lost if provision is not made for it in the same Scheme. (Please note this principle only applies in dissolution matters; where benefices are being united, any such patronage rights would automatically transfer to the incumbent of the new benefice. So if Benefice A and Benefice B are being united, and the incumbent of Benefice A has a patronage interest in Benefice C, such an interest would transfer to the incumbent of the new Benefice A+B.)

• Form P2A

The Commissioners' approval to the draft will have a covering letter explaining what happens next.

Step 2

When publishing draft Schemes or Orders to the interested parties (having got the Bishop’s - Form P60, and, if applicable, the Crown’s (Form P24 – where the Crown has a patronage interest in any of the affected benefices and/or P24VAC – where there is a vacancy of the See) and parsonages’ colleagues approval - Form P61DPB) the processes are now the same in that there is a legal requirement for PCC secretaries to display details of the draft Scheme or Order at every church and licensed place of worship in the affected parishes (previously not required for a draft Order). Pack A relates to the standard letters used in the publication of the draft Scheme to the statutory interested parties, whilst Pack B relates to ones used with draft Orders.

Pack A, to be sent by the diocese to all the interested parties will include:

• the draft Scheme
• P1000 - the statutory notice letter (contact us if it is an amend & re-issue)
• P74 – glossary of terms commonly used in pastoral reorganisation matters

Additionally, to the PCC secretaries:

• P72A – details on what needs to be done with the notices – “the yellow form”
• P76 – church door notice (CDN) - “the blue form”
• sufficient copies of the draft Scheme to display at all the churches and licensed places of worship as listed in your Form P76
• P77 – proof that the CDN was displayed as requested – “the green form”

At this stage you will need to send to the Bishop (only) letter P1000BP asking for his signature on the engrossment x 2 - he also gets a copy of the draft Scheme and letter P1000.

Pack B, to be sent by the diocese to all the interested parties will consist of:

• the draft Order
• P1001 – the statutory notice letter (contact us if it is an amend & re-issue)
• P74 – glossary of terms commonly used in pastoral reorganisation matters

Additionally, to the PCC secretaries:

• P72 – details on what needs to be done with the notices – “the yellow form”
• P76 – church door notice (CDN) - “the blue form”
• sufficient copies of the draft Order to display at all the churches and licensed places of worship as listed in your Form P76
• P77 – proof that the CDN was displayed as requested – “the green form”

Where the Scheme involves the removal of the legal effects of consecration from part or all of a churchyard or burial ground, you must also get the specific section 30 notice published in one or more newspapers as required to cover all of the area(s) affected by the proposals using letters P75 and P76C.

Step 3

A new Form P2B will need to be submitted to the Commissioners at the end of the representation period before they will make a Scheme, or give their consent to an Order being made

BUT

If  the Commissioners receive any adverse representations they will notify the diocese and implement the procedure for considering the representations.

Step 4

P106 is the covering letter used to send the completed Scheme/Order and any Instrument to the interested parties and any others with an interest in the matter.

The Pastoral Desktop Manual can be accessed here (password required).

The updated Code of Practice to the Pastoral Measure is still in the process of being finalised and will be made available as soon as it is ready.

Appendix 7 of the Code of Practice to the Pastoral Measure 1983 contains examples of draft proposals and s14 Orders to be used when drafting your proposals. Appendix 1 of the Pastoral Desktop Manual contains skeleton draft Schemes and Orders.

Please get in touch with your usual contact at the Commissioners (please click here for their details) should you have any queries on the new procedures. 

If you have a general enquiry or comments about these web pages please contact Fiona McKenzie.