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The Church Representation Rules (Amendment) Resolution 1981

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Statutory Instruments

1981 No. 959

ECCLESIASTICAL LAW

The Church Representation Rules (Amendment) Resolution 1981

Made(passed by the General Synod with the requisite majority in each House

4th July 1981

Laid before Parliament

10th July 1981

Coming into Operation in accordance with paragraph 12(3)

In pursuance of the power conferred by section 7(1) of the Synodical Government Measure 1969 to amend by a resolution of the General Synod the Church Representation Rules, that is to say, the rules contained in Schedule 3 to the said Measure, as amended by the Church Representation Rules (Amendment) Resolutions 1973 and 1980, the General Synod hereby resolve that the said rules be amended as follows:—

Formation of roll

1.  In rule 1, after paragraph (4) there shall be inserted—

(4A) Where a new parish is created by a pastoral scheme, the roll of that parish shall in the first instance consist—

(a)in the case of a parish created by the union of two or more former parishes, of the rolls of those parishes combined to form one roll;

(b)in any other case, of the names of the persons whose names are at the date of the coming into existence of the new parish entered on the roll of a parish the whole or any part of which forms part of the new parish and who are either resident in the new parish or have habitually attended public worship therein

Annual Meetings

2.—(1) In rule 5(3), sub-paragraph (b) shall be omitted.

(2) After rule 5(3) there shall be inserted—

(4) Without prejudice to paragraphs (2) and (3) of this rule—

(a)all the members of the team of a team ministry shall be entitled to attend, and take part in the proceedings of, the annual meeting of the parish or each of the parishes in the area of the benefice for which the team ministry is established, and where the area of a group ministry includes the area of a benefice for which a team ministry is established, all the vicars in that ministry shall be entitled to attend, and take part in the proceedings of, the annual meeting of each of the other parishes in the area for which the group ministry is established;

(b)all the incumbents and priests in charge in a group ministry shall be entitled to attend, and take part in the proceedings of, the annual meeting of each of the parishes in the area for which the group ministry is established.

(5) Where two or more benefices are held in plurality and a team ministry is, or is to be, established for the area of one of those benefices, then, if a pastoral scheme provides for extending the operation of the team ministry, so long as the plurality continues, to the area of any other benefice so held, paragraph (4) of this rule shall have effect as if the references to the area of the benefice were references to the combined area of the benefices concerned.

Convening of meeting

3.  At the end of rule 6 there shall be inserted—

(5) The minister of a new parish created by a pastoral scheme, or, in the absence of the minister, a person appointed by the bishop, shall as soon as possible after the scheme comes into operation convene a special parochial church meeting, and, subject to paragraph (6) of this rule, the provisions of these rules relating to the convening and conduct of the annual meeting shall apply to a special meeting convened under this paragraph.

   

(6) A special meeting so convened and held in the month of November or the month of December may, if the meeting so resolves, be for all purposes under these rules the annual meeting for the succeeding year, and a special meeting so convened shall in any event be for all such purposes the annual meeting for the year in which it is so convened and held.

Chairman of annual meeting

4.—(1) For the first sentence of rule 7 there shall be substituted the following paragraphs—

(1) The minister, if present, or, if he is not present, the vice-chairman of the parochial church council, or, subject to paragraph (2) of this rule, if he also is not present, a chairman chosen by the annual meeting shall preside thereat.

(2) Where a parish is in the area of a benefice for which a team ministry is established, and a vicar in that ministry is entitled to preside at an annual meeting of that parish by virtue of a provision in a pastoral scheme or the bishop's licence assigning to the vicar the duties, or a share in the duties, of the chairmanship of the annual meeting of that parish, then, if both he and the vice-chairman of the parochial church council are not present at that meeting, but the rector in that ministry is present, the rector shall preside thereat.

(2) The second sentence of rule 7 shall become paragraph (3) of that rule.

Business of annual meeting

5.  In rule 8, after paragraph (5) there shall be inserted—

(6) Without prejudice to the foregoing provisions and rule 6(6), a special parochial church meeting convened under rule 6(5) shall, in addition to other business,—

(a)decide on the number of members of the parochial church council who are to be the elected representatives of the laity;

(b)elect in the manner provided by rule 10 parochial representatives of the laity to the deanery synod, if such representatives are required to be elected in the year for which that meeting is the annual meeting by virtue of rule 6(6).;

and the present paragraphs (6), (7) and (8) shall be renumbered (7), (8) and (9) respectively.

Membership of parochial church council

6.—(1) In rule 12(1)(a), the words from “including” to the end shall be omitted and after rule 12(1)(b) there shall be inserted—

(bb)in the case of a parish in the area of a benefice for which a team ministry is established, all the members of the team of that ministry;.

(2) In rule 12(3), after the word “group”, where secondly occurring, there shall be inserted the words “every priest in charge of any benefice therein and where the area of the group ministry includes the area of a benefice for which a team ministry is established, all the vicars in that ministry”.

(3) At the end of rule 12 there shall be inserted—

(4) Where two or more benefices are held in plurality and a team ministry is, or is to be, established for the area of one of those benefices, then, if a pastoral scheme provides for extending the operation of the team ministry, so long as the plurality continues, to the area of any other benefice so held, paragraphs (1)(bb) and (3) of this rule shall have effect as if the references to the area of the benefice were references to the combined area of the benefices concerned.

Parishes with more than one place of worship

7.—(1) In rule 16(1), for the words “buildings licensed for public worship” there shall be substituted the words “places of worship”, and in paragraphs (1)(a) and (4) of that rule for the word “building”, wherever occurring, there shall be substituted the word “place”.

(2) For rule 16(1)(b) there shall be substituted—

(b)for the election by the annual meeting for any district in the parish in which a church or place of worship is situated of a district church council for that district.

(3) At the end of rule 16(3) there shall be inserted the words “but not including (in either case) the functions of a parochial church council as interested parties under Part I of the Pastoral Measure 1968”.

(4) In rule 16(5), for the words “shall it be operative until” there shall be substituted the words “subject to paragraph (7) of this rule, shall the scheme provide for it to come into operation until the date of”.

(5) For rule 16(6) there shall be substituted—

(6) After receiving a scheme under this rule the secretary of the diocesan synod shall serve a notice on the secretary of the parochial church council informing him, as the circumstances require, either that he does not propose to lay the scheme before the bishop's council and standing committee or that he has laid the scheme before the bishop's council and standing committee and of the determination made by that body.

(7) Where a pastoral scheme establishing a team ministry, or an instrument of the bishop made by virtue of that scheme, makes, in relation to a parish in the area of the benefice for which the team ministry is established, any provision which may be made by a scheme under this rule, no scheme under this rule relating to that parish shall provide for the scheme to come into operation until on or after the date on which the provisions in question of the pastoral scheme or of the instrument, as the case may be, cease to have effect.

(8) A scheme under this rule may be varied or revoked by a subsequent scheme thereunder.

(9) Every member of the team of a team ministry shall have a right to attend the meetings of any district church council elected for any district in a parish in the area of the benefice for which the team ministry is established.

(10) This rule shall be without prejudice to the appointment, in parishes with more than one parish church, of two church-wardens for each church under section 27(3) of the Pastoral Measure 1968.

(11) In this rule `place of worship' means a building or part of a building licensed for public worship.

Joint parochial church councils

8.  For rule 17 there shall be substituted—

Joint parochial church councils

17.(1) Where there are two or more parishes within the area of a single benefice or two or more benefices are held in plurality, the annual meetings of all or some of the parishes in the benefice or benefices may make a joint scheme to provide—

(a)for establishing a joint parochial church council (hereinafter referred to as “the joint council”) comprising the ministers of the parishes and such numbers of representatives of each of those parishes elected by and from among the other members of the parochial church council of the parish as may be specified in the scheme;

(b)for the chairmanship, meetings and procedure of the joint council;

(c)for the delegation by the parochial church council of each such parish to the joint council of such of its functions, other than its functions as an interested party under Part I of the Pastoral Measure 1968, as may be so specified.

(2) Subject to the scheme and to any pastoral scheme or order made under paragraph 13 of Schedule 3 to the said Measure, the parochial church council of any such parish may delegate to the joint council such of its functions, other than its functions as an interested party under the said Part I, as it thinks fit.

(3) The joint council shall meet from time to time for the purpose of consulting together on matters of common concern.

(4) No scheme under this rule shall be valid unless approved by at least two-thirds of the persons present and voting at the annual meeting of each parish. Every such scheme shall, on its approval be communicated to the Secretary of the diocesan synod, who may if he considers it appropriate lay the scheme before the bishop's council and standing committee of that synod (hereinafter referred to as “the bishop's council”) which may determine that the scheme shall not come into operation.

(5) After receiving a scheme under this rule the Secretary of the diocesan synod shall serve a notice on the Secretary of the parochial church council of each parish concerned informing him, as the circumstances require, either that he does not propose to lay the scheme before the bishop's council or that he has laid the scheme before the bishop's council and of the determination made by that council.

(6) Subject to paragraph (8) of this rule a scheme under this rule shall come into operation immediately after the day on which the Secretary of the parochial church council of each parish concerned receives a notice under paragraph (5) of this rule informing him either that the scheme is not to be laid before the bishop's council or that the bishop's council has determined that the scheme shall come into operation.

(7) A special parochial church meeting of a parish to which this rule applies may be convened for the purpose of deciding whether to join in making such a scheme, and where such a meeting is convened the foregoing provisions shall have effect with the substitution for references to the annual meeting of references to the special meeting.

(8) Where a pastoral scheme or order, or any instrument of the bishop made by virtue of such a scheme or order, establishes a joint parochial church council for two or more of the parishes in a single benefice or two or more of the parishes in benefices held in plurality, no scheme under this rule relating to those parishes shall provide for the scheme to come into operation until on or after the date on which the provisions of the pastoral scheme, pastoral order or instrument, as the case may be, establishing the joint parochial church council cease to have effect.

(9) Where the provisions of a pastoral scheme or order for the holding of benefices in plurality are terminated under section 17(2) of the Pastoral Measure 1968, any provision of a scheme under this rule establishing a joint parochial church council for all or some of the parishes of those benefices and the other provisions thereof affecting that council shall cease to have effect on the date on which the first mentioned provisions cease to have effect.

(10) A scheme under this rule may be varied or revoked by a subsequent scheme thereunder to be.

Team and group councils

9.—(1) After rule 17 there shall be inserted—

Team councils

17A.(1) Where a team ministry is established for the area of a benefice which comprises more than one parish the annual meetings of the parishes in that area may make a joint scheme to provide—

(a)for establishing a team council comprising—

(i)all the members of the team;

(ii)every assistant curate, deaconess and lay worker licensed to any such parish; and

(iii)such number of lay representatives elected by and from among the lay representatives of the parochial church council of each parish in the area as may be specified in the scheme;

(b)for the chairmanship, meetings and procedure of the team council; and

(c)for the delegation by the parochial church council of each such parish to the team council of such functions, other than its functions as an interested party under Part I of the Pastoral Measure 1968,

(2) Subject to the scheme and to any pastoral scheme relating to the team council made under paragraph 3(7) of Schedule 3 to the said Measure, the parochial church council of any such parish may delegate to the team council such of its functions, other than its functions as an interested party under the said Part I, as it thinks fit.

(3) The team council shall meet from time to time for the purpose of consulting together on matters of common concern.

(4) No scheme under this rule shall be valid unless approved by at least two-thirds of the persons present and voting at the annual meeting of each parish. Every such scheme shall, on its approval, be communicated to the secretary of the diocesan synod, who may if he considers it appropriate lay the scheme before the bishop's council and standing committee of that synod (hereinafter referred to as “the bishop's council”) which may determine that the scheme shall not come into operation.

(5) After receiving a scheme under this rule the secretary of the diocesan synod shall serve a notice on the secretary of the parochial church council of each parish concerned informing him, as the circumstances require, either that he does not propose to lay the scheme before the bishop's council or that he has laid the scheme before the bishop's council and of the determination made by that council.

(6) Subject to paragraph (8) of this rule, a scheme under this rule shall come into operation immediately after the day on which the secretary of the parochial church council of each parish concerned receives a notice under paragraph (5) of this rule informing him either that the scheme is not to be laid before the bishop's council or that the bishop's council has determined that the scheme shall come into operation.

(7) A special parochial church meeting of a parish to which this rule applies may be convened for the purpose of deciding whether to join in making such a scheme, and where such a meeting is convened the foregoing provisions shall have effect with the substitution for references to the annual meeting of references to the special meeting.

(8) Where a pastoral scheme establishing a team ministry, or an instrument of the bishop made by virtue of that scheme, establishes a team council for that ministry, no scheme under this rule relating to that ministry shall provide for the scheme to come into operation until on or after the date on which the provisions of the pastoral scheme or of the instrument, as the case may be, establishing the team council cease to have effect.

(9) A scheme under this rule may be varied or revoked by a subsequent scheme thereunder to be”.

Group councils

17B.(1) Where a pastoral scheme establishes a group ministry, the annual meetings of the parishes in the area for which the group ministry is established may make a joint scheme to provide—

(a)for establishing a group council comprising—

(i)all the members of the group ministry,

(ii)every assistant curate, deaconess, and lay worker licensed to any such parish, and

(iii)such number of lay representatives elected by and from among the lay members of the parochial church council of each such parish as may be specified in the scheme;

(b)for the chairmanship, meetings and procedure of the group council; and

(c)for the delegation by the parochial church council of each such parish to the group council of such functions, other than its functions as an interested party under Part I of the Pastoral Measure 1968, as may be so specified.

(2) If the area of a group ministry includes the area of a benefice for which a team ministry is established, a scheme under this rule shall provide for the vicars in that ministry, as well as the rector, and all the other members of the team to be members of the group council.

(3) Paragraphs (2) to (9) of rule 17A shall apply in relation to a scheme under this rule as they apply in relation to a scheme under that rule with the modification that for the references to a team ministry and a team council there shall be substituted references to a group ministry and a group council respectively.

Special and extraordinary meetings

10.  For rule 18(4) there shall be substituted—

(4) All lay persons whose names are entered on the roll of the parish on the day which is twenty-one clear days before the date on which any special or extraordinary parochial church meeting is to be held shall be entitled to attend the meeting and to take part in its proceedings, and no other lay person shall be so entitled.

   

(5) A clerk in Holy Orders shall be entitled to attend any such meeting and to take part in its proceedings if by virtue of rule 5(3), (4) or (5) he would have been entitled to attend the annual meeting of the parish had it been held on the same date, and no other such clerk shall be so entitled..

Chairmanship at meetings of parochial church council

11.—(1) In paragraph 5 of Appendix II, after sub-paragraph (b) there shall be inserted—

(c)in the case of a parish in the area of a benefice for which a team ministry is established, by the rector in that ministry if he is present and both the vicar in that ministry who would if he were present be entitled, by virtue of a provision in a pastoral scheme or the bishop's licence, to preside and the vice-chairman of the council are not present.

(2) In the proviso to the said paragraph 5—

(a)for the words “or the vice-chairman of the council” there shall be substituted the word “presiding”; and

(b)after the word “vice-chairman”, where last occurring, there shall be inserted the words “nor, where sub-paragraph (c) above applies, the rector”.

Citation, interpretation and commencement

12.—(1) This resolution may be cited as the Church Representation Rules (Amendment) Resolution 1981, and the Church Representation Rules (Amendment) Resolutions 1973 and 1980 and this resolution may be cited together as the Church Representation Rules (Amendment) Resolutions 1973 to 1981.

(2) Any reference in this resolution to a numbered rule or Appendix is a reference to the rule or Appendix, as the case may be, bearing that number in the Church Representation Rules, as amended by the Church Representation Rules (Amendment) Resolution 1973 and 1980.

(3) This Resolution shall come into operation on such day as the Archbishops of Canterbury and York may jointly appoint.

EXPLANATORY NOTE

This Resolution of the General Synod of the Church of England, passed in accordance with Section 7(1) of the Synodical Government Measure 1969, makes various amendments of the Church Representation Rules contained in Schedule 3 to that Measure. Most of the amendments relate to a team ministry established by a pastoral scheme or order. However, other amendments tidy up the Church Representation Rules in consequence of the current Pastoral (Amendment) Measure.

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