Recent and Forthcoming Changes Affecting Procedures

CHURCH OF ENGLAND (MISCELLANEOUS PROVISIONS) MEASURE 2006

The relevant part amending the Pastoral Measure 1983 came into effect from 1 October 2006.

Section 59(2B):

Amended so that a bare land appropriated by a redundancy scheme (or pastoral scheme to which section 46 or 47 applies) for the ecclesiastical purposes of a parish will vest automatically in the Diocesan Board of Finance on trust for the parochial church council. This removes the cost of a consequent conveyancing transaction.

CHURCH OF ENGLAND (MISCELLANEOUS PROVISIONS) MEASURE 2005

Parliamentary Approval for this Measure  was granted in March 2005 and  the relevant parts amending the Pastoral Measure were brought into effect on 1 June 2005.

1.            Sections 41(4) and 44(5A):           

Amended so that the Churches Conservation Trust (CCT) can, subject to the prior written consent of the Commissioners, acquire by gift the freehold of a redundant church and land which has been disposed of under an earlier use scheme and is no longer used or needed for that purpose.  Before giving their consent the Commissioners must first consult the bishop and the Advisory Board for Redundant Churches and ensure that the CCT has the necessary resources to repair and maintain the building.

2.            Section 44(5)(a):           

Amended to give the CCT power to replace, renew and provide or improve such services or facilities as are required to facilitate greater access and use of its churches.

3.            Section 44(12):           

Amended so that the CCT can transmit copies of its accounts and report direct to the Secretary of State; the Commissioners will retain their existing responsibility for forwarding these to the Secretary General of the General Synod.

4.            Section 49(1):             

Amended to enable the Commissioners within the first six months of a use-seeking period to publish a draft redundancy scheme to vest a church in the CCT (following a declaration of redundancy under section 28).  This is subject to consultation with the Advisory Board and to the CCT having the necessary resources.

5.            Sections 6(3)(a) and 50(3)(a):           

Amended to make English Heritage and the Joint Committee of the National Amenity Societies statutory consultees in relation to pastoral schemes involving a declaration of redundancy and redundancy schemes.

6.            Sections 48, 50 and 57:           

Amended to remove the role of the Privy Council in confirming redundancy schemes, and the need to publish a newspaper noticed following such confirmation.  The Privy Council will only be involved where the Commissioners have decided that a pastoral scheme should proceed notwithstanding representations.  Even where the Judicial Committee of the Privy Council considers applications for Leave to Appeal (or indeed Appeals), such schemes will not have to be confirmed by Order in Council.  In future all schemes will be made by the Commissioners. 

7.            Section 51(1) and (4):           

Amended so that a redundancy scheme can authorise either the Commissioners of the diocesan board of finance to demolish a redundant church and dispose of the site and any annexed land.

8.            Section 52:           

Amended to simplify the arrangements for allocating the remaining net sale proceeds between the CCT, the redundant churches temporary maintenance account and diocesan pastoral accounts.

9.            Section 59(2):             

Amended so that a redundancy scheme (or a Section 46/47 pastoral scheme) can appropriate land to parsonage purposes without the need for a supplementary transfer.  Similar arrangements apply to pastoral schemes involving Section 31.

10.            Section 60:           

Amended so that the Commissioners will have power to acquire and pass on rights of access to a redundant church either to facilitate its disposal for an alternative use or vesting in the CCT.

11.            Section 80:           

Amended so that dioceses will have to provide information sought by the Commissioners and to have regard to advice issued from time to time by the Commissioners.

(updated 3 October 2006)