Mission and Pastoral Measure 2011

Procedure for schemes and orders affecting a single dioceseE

6Formulation and submission to bishop of draft proposalsE

(1)Before deciding to make any recommendations to the bishop, the mission and pastoral committee shall so far as may be practicable ascertain the views of the interested parties or invite them to express their views[F1—

(a)on the recommendations the committee proposes to make, or

(b)if the committee has yet to formulate recommendations, on the issues which the committee considers need to be addressed.]

(2)Subject to subsection (3) in this Part “interested parties”, in relation to any recommendations, [F2plans,] proposals or draft scheme or order, means—

(a)incumbents of any benefices which would be affected by the implementation thereof, including vicars in a team ministry established for the area of any such benefice;

(b)the patrons of any such benefices;

(c)the parochial church councils of any parishes which would be so affected;

(d)the priests in charge of any conventional districts wholly or partly within the area of any benefices which would be so affected and the parochial church councils of such districts; and

(e)the archdeacons and rural deans of any archdeaconries and deaneries which would be so affected or to which any such benefices or parishes belong and the lay chairmen of the deanery synods of any such deaneries.

For the purposes of this subsection a change in the patronage of a benefice shall be deemed to affect that benefice and the parish or parishes of the benefice and, in the case of a parish of a parish church cathedral, the reference in paragraph (c) to a parochial church council shall be construed as a reference to the Chapter of the cathedral.

(3)In this Part “interested parties”, in relation to any recommendations, [F3plans,] proposals, draft scheme or order which are or is limited to creating, altering or dissolving archdeaconries or deaneries, or altering the name of any archdeaconry or deanery, means—

(a)the parochial church councils of any parishes for which a change of archdeaconry or deanery, or an alteration of the name thereof, is contemplated or proposed and the parochial church councils of any conventional districts wholly or partly within such parishes;

(b)the incumbents of benefices to which such parishes belong and the priests in charge of such districts; and

(c)the archdeacons and rural deans of the archdeaconries and deaneries affected and the lay chairmen of the deanery synods of such deaneries.

Where a team ministry is established for the area of a benefice, the reference in paragraph (b) to the incumbents of benefices shall in relation to that benefice be construed as a reference to all the persons who constitute the team under section 34(1).

(4)Where any recommendations, [F4plans,] proposals, draft scheme or order relate or relates to any person holding office under Common Tenure whose office would or might be abolished if they or it took effect F5..., that person shall be deemed to be an interested party for the purposes of this Part.

(5)In the case of interested parties, being incumbents or vicars in a team ministry or a person referred to in subsection (4), the mission and pastoral committee shall, before reaching its decision, afford to each such person, if he or she so desires, an opportunity of meeting the committee or a sub-committee or representative thereof, but, in the case of a recommendation for a union of benefices or otherwise for the dissolution of any benefice or holding in plurality of any benefices, or the establishment of a team or group ministry for any benefice or benefices, or the abolition of any office of vicar in a team ministry, the incumbent of the benefice or each of the benefices or the holder of the office of vicar shall have an opportunity of meeting the committee (as distinct from a sub-committee or representative of the committee), if he or she so desires.

(6)In the case of interested parties, being parochial church councils, the committee shall, before reaching its decision, afford to each council or their representative, if the council so requests, an opportunity of meeting the committee or, if the committee so decides, a sub-committee thereof or, with the consent of the council, a representative of the committee.

(7)When the committee has decided to make recommendations, it shall formulate them in draft proposals and submit them to the bishop, and the bishop may, with the agreement of the committee, make such amendments to the draft proposals as appear to him desirable.

(8)The committee shall annexe to the draft proposals formulated by it a statement of the views of the interested parties.

[F6(8A)The duties under subsections (1), (5) and (6) do not apply in relation to a plan for pastoral reorganisation which has been approved by the deanery synod of each deanery which would be affected by implementation of the plan if—

(a)the plan has also been approved by the mission and pastoral committee,

(b)the draft proposals submitted under subsection (7) are to the same effect, or substantially the same effect, as proposals included in the plan as so approved,

(c)the interested parties have been consulted on the plan, and

(d)any person holding office under Common Tenure whose office would or might be abolished if the plan took effect has had an opportunity to meet the mission and pastoral committee.

(8B)The duty under subsection (8) does not apply in the case of draft proposals which relate to a plan of the kind referred to in subsection (8A).]

(9)In this section “incumbent”, in relation to a benefice in respect of which a suspension period has been declared and is for the time being in force, means the priest in charge thereof.

[F7(10)The reference in subsection (1) to the interested parties includes a reference to any other person who the mission and pastoral committee considers might be affected by the matters in question; and the references in subsections (5), (6), (8) and (8A) to the interested parties are accordingly to be read as including a reference to those other persons.]

7Approval by bishop of draft proposals and preparation of draft schemeE

(1)If the bishop approves, either with or without amendments, draft proposals submitted to him under section 6(7) he shall[F8—

(a)]return the [F9proposals] to the mission and pastoral committee, with any amendments, for the preparation of a draft scheme or order[F10, or

(b)send the proposals to the Commissioners, with any amendments, for the preparation of a draft scheme or order and, having done that, inform the mission and pastoral committee.]

(2)Where the [F11proposals] approved by the bishop under subsection (1) contain recommendations for any of the matters contained in sections 31 and 32 and 34 to 36 the mission and pastoral committee [F12or the Commissioners (as the case may be)] shall send a copy of the proposals to the registered patrons of any of the benefices concerned and inform them that if the benefice is or becomes vacant section 87(1) will apply in relation to the benefice[F13, unless notice has already been given by the bishop under section 85(1) of the suspension of the right of presentation to the benefice].

(3)[F14Where the proposals are returned to the mission and pastoral committee under subsection (1)(a), the committee shall, on receipt of the proposals, prepare] a draft scheme or order giving effect to the [F15proposals], with any amendments, and shall submit the draft scheme or order to the Commissioners, together with the statement referred to in section 6(8) [F16(unless, as a result of section 6(8B), it is not required)].

[F17(4)Where the proposals are sent to the Commissioners under subsection (1)(b), the Commissioners shall, on receipt of the proposals, consider whether the procedures set out in section 6 have been properly applied.

(5)If the Commissioners consider that the procedures set out in section 6 have been properly applied, they shall—

(a)prepare a draft scheme or order giving effect to the proposals, with any amendments, and

(b)send a copy of the draft scheme or order to the mission and pastoral committee.

(6)If the Commissioners consider that the procedures set out in section 6 have not been properly applied, they shall return the proposals to the bishop; and the bishop, having received the proposals from the Commissioners, shall return them to the mission and pastoral committee for further consideration.]

8Consideration of draft scheme or order by CommissionersE

(1)On receipt of a draft scheme or order submitted to them [F18by the mission and pastoral committee under section 7(3),] the Commissioners shall consider whether the draft scheme or order is in the correct form and is within the powers conferred on the bishop and the mission and pastoral committee and whether the procedures set out in sections 6 and 7 have been properly applied.

(2)Where the Commissioners consider that, in accordance with subsection (1), any amendments should be made to the draft scheme or order, they may make such amendments as they think appropriate.

(3)If the Commissioners make any such amendments they shall, unless they consider that the amendments are such as are described in section 19(2), refer the draft scheme or order, with their amendments, together with an explanation of the reasons for the amendments, to the mission and pastoral committee for further consideration.

(4)The mission and pastoral committee shall, after consulting the bishop, consider the draft scheme or order, as amended by the Commissioners, and may, with the agreement of the bishop, make any amendments which it thinks fit, after taking account of the Commissioners' amendments.

(5)The mission and pastoral committee shall, after considering the draft scheme or order in accordance with subsection (4), re-submit it to the Commissioners, with any amendments, together with an explanation of the action which it has taken on the Commissioners' amendments and subsection (2) and, if appropriate, subsections (3) and (4) and this subsection shall apply to any such draft scheme or order.

(6)If the Commissioners consider that it is not possible to amend the draft scheme or order in a way which would enable it to proceed in the correct form or that the procedures set out in sections 6 and 7 have not been properly applied they shall return it to the mission and pastoral committee for further consideration.

(7)If the draft scheme or order is returned to the mission and pastoral committee under subsection (6), the mission and pastoral committee shall take no further steps in relation to the draft scheme or order but shall, after consulting the bishop, consider whether to make new recommendations under section 6 or prepare a new draft scheme or order under section 7 [F19or request the Commissioners to do so] or take any further steps specified by the Commissioners.

(8)If the Commissioners do not refer the draft scheme or order to the mission and pastoral committee for further consideration as provided above, they shall return the draft scheme or order to the mission and pastoral committee to proceed with the draft scheme or order under section 9.

9Notice and publication of draft schemes or ordersE

(1)The mission and pastoral committee shall serve a copy of any draft scheme or order [F20prepared by it under section 7(3)] on each of the interested parties and the Commissioners, together with a notice stating that written representations with respect thereto may be made to the Commissioners not later than a date specified in the notice, being a date not less than twenty-eight days after the service of the notice.

[F21(1A)The Commissioners shall serve a copy of any draft scheme or order prepared by them under section 7(5) on each of the interested parties, together with such a notice as is mentioned in subsection (1).]

[F22(1B)The Commissioners shall, in the case of every draft scheme or order, publish the draft online together with a notice stating the objects of the draft and that written representations may be made to the Commissioners not later than a date specified in the notice, being a date not less than twenty-eight days after such publication.]

(2)If a draft scheme is a scheme to which section 44 applies the mission and pastoral committee [F23or the Commissioners (whichever of them prepared the draft scheme)] shall—

(a)also serve a copy thereof on the Commonwealth War Graves Commission; and

(b)publish in one or more newspapers circulating in the locality affected by the scheme a notice stating the objects of the draft scheme[F24, specifying the address online at which the notice is published under subsection (1B)] and naming a place or places within the locality where a copy thereof may be inspected, and stating that written representations with respect to the draft scheme may be made to the Commissioners not later than a date specified in the notice, being [F25the date specified for the purposes of subsection (1B)].

(3)The mission and pastoral committee shall, in the case of every draft scheme or order [F26prepared by it, and the Commissioners shall, in the case of every draft scheme or order prepared by them], send copies of such a notice as is mentioned in subsection (2), but specifying a date not less than twenty-eight days after the sending of the notices to the secretary of the parochial church council of every parish affected by the draft scheme or order, and require him or her [F27—

(a)] to affix a copy on or near the principal door of every church in the parish and every building licensed by the bishop for public worship in the parish (including any building referred to in section 80(13) or (14))[F28,

[F29(b)to make such arrangements as are practicable, in the case of each of those churches or buildings at which one or more services are to be held in the period in which representations may be made in accordance with the notice, for announcements to be made at the service or, if there is more than one held there in that period, at as many of them as is practicable with a view to ensuring that as many of those who habitually attend public worship there as is practicable are aware of the contents of the notice.]]

[F30(3A)A reference in subsection [F31(3)(b)] to a service held at a church or building does not include a reference to any of the services known as occasional offices.]

(4)The Commissioners shall consider any written representations duly made with respect to any draft scheme or order and may, if they think fit, afford an opportunity to any person, whether he or she has made written representations or not, to make oral representations with respect to the draft scheme or order.

(5)The Commissioners may, before or after the end of the period within which written representations may be made under this section, extend that period, and any representations made within the period so extended shall be deemed to be duly made.

10Amendment of draft schemes or ordersE

(1)The Commissioners—

(a)at the request of the bishop made after consultation with the mission and pastoral committee, or

(b)as a result of any representations,

may, at any time after a copy of the draft scheme or order has been served on them under section 9(1), amend any draft scheme or order prepared by the committee under this Part, but any amendments made as a result of any representations shall only be made with the agreement of the bishop given after consultation with the committee.

(2)If any such amendments, other than any amendments which, in the opinion of the Commissioners, are such as are described in section 19(2), are made, the amended draft scheme or order shall be treated in the same manner as an original draft scheme or order, and section 9 shall apply accordingly.

[F32(3)The power under subsection (1) to amend a draft scheme or order includes power to amend it so that it would give effect instead to proposals included in representations made to the Commissioners on the draft; and where the Commissioners make amendments of that kind—

(a)subsection (2) does not apply, and

(b)the Commissioners shall instead carry out such consultation on the amended draft scheme or order as they think appropriate.]

11Making of schemes or ordersE

(1)Where no representations with respect to any such draft scheme have been duly made and the Commissioners are of the opinion that any such draft scheme should be made, and do not propose to amend or further amend it under section 10, they shall submit it to the bishop for his consent and, when he has given his consent, they shall seal a copy of the draft scheme and so make the scheme.

(2)Where representations with respect to any such draft scheme have been duly made and the Commissioners, having considered those representations, are of the opinion that the draft scheme should be made, and do not propose to amend or further amend it under section 10, they shall so far as practicable—

(a)serve on the persons who duly made written representations with respect to the draft scheme notice of the Commissioners' decision with respect to the representations together with a statement in writing of the reasons therefor; and

(b)serve on any other persons, being interested parties, a copy of the notice.

(3)A notice under subsection (2) shall inform persons who have duly made written representations with respect to the draft scheme of their rights, on obtaining the leave of the Judicial Committee of the Privy Council, to appeal to Her Majesty in Council and shall specify the date, being a date not less than twenty-eight days after the service of the notice, on or before which notice of intention to apply for such leave must be given.

(4)When serving notice under subsection (2) the Commissioners shall send a copy thereof to the Registrar of the Privy Council together with a copy of the draft scheme and a copy of the statement in writing referred to in that subsection.

[F33(4A)In the case of a draft scheme which gives effect to proposals included in a deanery plan to which this section applies, the Commissioners, having considered any representations made with respect to the draft scheme [F34and unless they consider that there are material considerations which indicate that it should not be made, shall comply with the duties imposed by subsection (2)(a) and (b); and references in this Measure to a notice under subsection (2) shall be read accordingly.] .

(4B)Subsections (1) to (4) have effect subject to subsection (4A).]

(5)Where no representations with respect to any such draft order have been made and the Commissioners are of the opinion that the draft order should be made and do not propose to amend or further amend it under section 10, the Commissioners shall issue a certificate to that effect and submit the draft order and the certificate to the bishop.

(6)Where representations with respect to any such draft order have been made, then, unless—

(a)as a result of those representations, the Commissioners decide that the order should not be made, or

(b)the Commissioners propose to amend or further amend the draft order under section 10,

they shall issue a certificate to that effect and submit the draft order and the certificate to the bishop.

[F35(6A)In the case of a draft order which gives effect to proposals included in a deanery plan to which this section applies, the Commissioners, having considered any representations made with respect to the draft order, shall issue a certificate that the order should be made and submit the draft order and certificate to the bishop, unless they consider that there are material considerations which indicate that the order should not be made.

(6B)Subsections (5) and (6) have effect subject to subsection (6A).]

(7)Where a draft order is submitted to the bishop under this section, he may by applying his seal thereto make the order.

[F36(8)In this section, “deanery plan” means a plan for pastoral reorganisation which has been approved by the deanery synod of each deanery which would be affected by implementation of the plan [F37and by the mission and pastoral committee]; and a deanery plan is one to which this section applies if—

(a)the persons who are the interested parties for the purposes of section 6(8A) have been consulted on the plan,

(b)any person holding office under Common Tenure, and any incumbent or archdeacon not subject to Common Tenure, whose office would or might be abolished if the plan took effect has had an opportunity to meet the mission and pastoral committee, and

(c)the proposals to which the draft scheme or order gives effect are to the same effect, or substantially the same effect, as proposals included in the plan.]

12Appeals to the Privy CouncilE

(1)Any person who has duly made written representations with respect to the draft scheme may appeal to Her Majesty in Council against the scheme or any provisions thereof, but only with the leave of the Judicial Committee of the Privy Council.

(2)Schedule 2 shall apply to applications for leave to appeal, and to appeals to Her Majesty in Council, under this section.

(3)If—

(a)no notice of intention to apply for leave to appeal is given on or before the date specified in the notice served under section 11(2), or

(b)no application for such leave is made within the period prescribed by paragraph 4 of Schedule 2, or

(c)the Judicial Committee refuses to grant such leave, or

(d)the appeal stands dismissed for non-prosecution by virtue of paragraph 11 of that Schedule, or

(e)written representations with respect to the draft scheme have been duly made but it has not been practicable to serve any notice under section 11(2)(a),

the Commissioners shall seal a copy of the draft scheme and so make the scheme.

(4)If leave to appeal is granted, the Judicial Committee shall hear the appeal, and the Judicial Committee shall make a report thereon and may propose to Her Majesty in Council that the appeal be allowed or dismissed or that the draft scheme should be returned to the Commissioners for reconsideration, and Her Majesty in Council may accordingly—

(a)allow the appeal, in which case the Commissioners shall not make the scheme, but without prejudice to the preparation and publication of a further draft scheme, or

(b)dismiss the appeal, in which case the Commissioners shall seal a copy of the draft scheme and so make the scheme, or

(c)return the draft scheme to the Commissioners for reconsideration.

(5)Where a draft scheme is returned to the Commissioners for reconsideration, they may—

(a)withdraw the draft scheme, or

(b)inform the Registrar of the Privy Council that they wish to make the scheme without any amendment of the draft scheme, or

(c)amend the draft scheme with the agreement of the bishop given after consultation with the mission and pastoral committee.

(6)Where the Commissioners inform the Registrar of the Privy Council that they wish to make the scheme without any amendment of the draft scheme, the Judicial Committee may, without any further hearing, propose to Her Majesty in Council that the appeal should be allowed or dismissed, and the like effect shall follow on that proposal as if it had been made under subsection (4)(a) or (b).

(7)Where the Commissioners amend the draft scheme, it shall be treated as a draft scheme amended under section 10 and the provisions of this Part shall apply accordingly.

13Transmission of copies of scheme or orderE

(1)The mission and pastoral committee shall send a copy of every scheme made by the Commissioners under this Part and of every order made by the bishop under section 11(7) to the interested parties.

(2)The mission and pastoral committee shall also send a copy of every such scheme or order to the registrar of the diocese concerned, who shall file it in the diocesan registry.

14Validity and operation of schemes and ordersE

(1)The validity of a scheme made by the Commissioners under this Part, or of an order made under this Part, shall not be questioned in any legal proceedings.

(2)Except in so far as any such scheme or order, or any provision thereof, is expressed to come into operation on a date, event or contingency specified therein it shall come into operation on the date on which the scheme is made by the Commissioners or, as the case may be, the order is made by the bishop under section 11(7).