
Women Priests (Channel Islands) Order 1999
Jersey Order in Council 16/1999
THE WOMEN PRIESTS (CHANNEL
ISLANDS) ORDER 1999
____________
(Registered on the 11th day of June 1999)
____________
At the Court at Buckingham Palace
____________
11th
day of May 1999
____________
PRESENT
The Queen’s Most Excellent Majesty in Council
____________
WHEREAS the Scheme set out in the
Schedule to this Order has been settled and approved in accordance with the
provisions of the Schedule to the Channel Islands (Church Legislation) Measure
1931 and there has been due compliance with the procedure required by those
provisions –
NOW, THEREFORE, HER MAJESTY, in pursuance
of section 2 of that Measure of 1931, section 12(4) of the Priests (Ordination
of Women) Measure 1993 and section 13(2) of the Ordination of Women (Financial
Provisions) Measure 1993, is pleased, by and with the advice of Her Privy
Council, to order, and it is hereby ordered, as follows –
1. This
Order may be cited as the Women Priests (Channel Islands) Order 1999 and shall
come into force on 1st June
1999.
2. The
Scheme set out in the Schedule to this Order is hereby confirmed and it is
hereby directed that the Priests (Ordination of Women) Measure 1993 and the
Ordination of Women (Financial Provisions) Measure 1993 shall apply to the Channel Islands in accordance with that Scheme.
A.K. GALLOWAY
Clerk of the Privy Council
SCHEDULE
A SCHEME
Prepared by the Bishop of Winchester in pursuance of the Channel Islands (Church Legislation) Measures 1931 and
1957 for applying the Priests (Ordination of Women)
Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 to
the Channel Islands.
PREAMBLE
Whereas section 12(4) of the Priests (Ordination of Women) Measure
1993 and section 13(2) of the Ordination of Women (Financial Provisions)
Measure 1993 respectively provide that those Measures may be applied to the
Channel Islands or either of them, as defined in the Channel Islands (Church
Legislation) Measures 1931 and 1957,1 in accordance with the provisions of
the last-mentioned Measures.
And whereas the Bishop of Winchester has come to the conclusion
that the first-mentioned Measures ought to be applied to the Channel
Islands with certain variations and has in accordance with
paragraphs 1 to 3 of the Schedule to the Channel Islands
(Church Legislation) Measure 19311 prepared the following draft Scheme for the purpose:
SCHEME
Application of the Priests (Ordination of Women) Measure 1993
1. In
its application to the Channel Islands, the
Priests (Ordination of Women) Measure 1993 shall have effect as if –
(a) immediately
after the words in section 1(1) there were inserted “, and it is hereby
declared for the avoidance of doubt that any canon making such provision shall
apply in the Channel Islands”;
(b) for section 3
there were substituted –
“3.-(1) Subject to the following provisions of
this section a Congregational Meeting of a parish may pass either or both of
the resolutions set out as Resolution A and Resolution B in Part 1 of
Schedule 1 to this Measure.
(2) Subject
to the following provisions of this section a Congregational Meeting which has
passed a resolution under subsection (1) above may by resolution rescind it,
and the first-mentioned resolution shall continue in force until rescinded.
(3) Subject
to subsection (4) below it shall be the duty of the minister of a parish, and
during a vacancy or when the minister is incapacitated by absence or illness or
any other cause it shall be the duty of the churchwardens of the parish, to
convene a Congregational Meeting in accordance with subsection (5) below for
the purpose of considering a motion for a resolution under subsection (1) or
(2) above within six weeks of receiving a request in writing so to do signed by
not less than one sixth of the persons entitled to attend such a meeting.
(4) A
motion for a resolution in the form set out as Resolution A in Part I of
Schedule 1 to this Measure shall not be considered by a Congregational
Meeting if the minister of the parish concerned, or any assistant curate for
that parish, is a woman ordained to the office of priest.
(5) A
resolution shall not be passed by a Congregational Meeting under subsection (1)
or (2) above unless –
(a) the convenor
of the meeting has caused a notice in the form set out in Part II of Schedule 1
to this Measure to be affixed on or near to the principal door of every Church
of England church and place of worship in the parish for a period of at least
four weeks stating the time and place of the meeting and the terms of the
motions proposing the resolutions which are to be considered; and
(b) the meeting is
attended by at least one third of the persons entitled to attend.
(6) A
copy of any resolution passed by a Congregational Meeting under subsection (1)
or (2) above shall be sent to the following –
(a) the Bishop of Winchester;
(b) the Dean of
the Island;
(c) the lay
chairman of the deanery synod;
(d) the registrar
of the diocese; and
(e) the patron of
the parish concerned.
(7) Where
a resolution under subsection (1) above is in force a person discharging any
function in relation to the parish concerned shall not act in contravention of
the resolution.
(8) In
this section “convenor” means the minister of the parish or, during
a vacancy or when the minister is incapacitated by absence of illness or any
other cause, the churchwardens of the parish.”;
(c) section 4
(together with Schedule 2) were omitted;
(d) in section 5,
the words “under the Ecclesiastical Jurisdiction Measure 1963”, and
paragraph (c), were omitted;
(e) section 6 were
omitted;
(f) for
section 7 there were substituted –
“7. Section 3 above shall
apply in relation to a parish in respect of which the Crown is the patron,
whether solely or jointly with any other person, as it applies in relation to
any other parish.”;
(g) section 8 were
omitted; and
(h) in section 12,
subsections (2) and (5) (together with Schedule 4) were omitted; and
(i) for
Schedule 1 there were substituted –
“SCHEDULE 1
PART I
Resolution A
That this Congregational Meeting would not accept a woman as the
minister who presides at or celebrates the Holy Communion or pronounces the
Absolution in the parish.
Resolution B
That this Congregational Meeting would not accept a woman as the
incumbent or priest in charge of the parish.
PART II
|
Notice of Congregational Meeting
|
Parish of
..............................................................................
A Congregational Meeting will be held in ..........................
.................................................on
...........................day the ...................day of .........................
199 at .......................... a.m./p.m. for the consideration of the
following motion(s).
|
[Set
out text of Resolution A and/or Resolution B]
|
All persons of
either sex whose names are entered upon the Island’s Church Electoral
Roll in relation to this parish (and such persons only), are entitled to
attend and vote at this meeting.
|
........................................ Signed
Minister/Churchwardens”.
|
Application of the Ordination of Women (Financial Provisions)
Measure 1993
2. The
whole of the Ordination of Women (Financial Provisions) Measure 1993 shall
apply to the Channel Islands.
Interpretation
3.-(1) For the purposes of this Scheme, and of
the Measures applied to the Channel Islands by
this Scheme –
(a) any reference
to the Channel Islands or either of them shall have the same meaning as has
such a reference in the Channel Islands (Church Legislation) Measure 1931; and
(b) any reference
to any other enactment is a reference to that enactment as it has effect in the
Channel Islands.
(2) In this Scheme
–
“Congregational Meeting”, in respect of any parish,
means a meeting of those persons whose names are entered on the Island’s
Church Electoral Roll in relation to that parish;
“parish” means an ecclesiastical parish.
PRIESTS (ORDINATION OF WOMEN) MEASURE 1993
(1993 No. 2)
ARRANGEMENT OF SECTIONS
|
PART I
|
POWER
TO LEGISLATE BY CANON
|
Section
|
1.
|
Provision for ordination of women as
priests.
|
PART II
|
DISCHARGE
OF FUNCTIONS
|
2.
|
Bishops.
|
3.
|
Parishes.
|
4.
|
Cathedrals.
|
5.
|
Ecclesiastical offences.
|
6.
|
Discriminatory discharge of certain
functions.
|
7.
|
Benefices in the patronage of the Crown
etc.
|
8.
|
Interpretation of Part II.
|
PART III
|
GENERAL
|
9.
|
General interpretation.
|
10.
|
Minor and consequential amendments.
|
11.
|
Amendment etc. of Measure or Canon.
|
12.
|
Short title, commencement and extent.
|
SCHEDULES
|
Schedule 1 –
|
Forms of Parish Resolution.
|
Schedule 2 –
|
Forms of Dean and Chapter Cathedral
Resolution.
|
Schedule 3 –
|
Minor and Consequential Amendments.
|
Schedule 4 –
|
Application to the Isle of Man.
|
|
|
|
ELIZABETH II

1993 No. 2
A MEASURE passed by the General Synod of
the Church of England to make provision for the ordination of women as priests,
and for connected purposes.
[5th November 1993]
BE IT ENACTED by the Queen’s Most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows –
PART I
POWER TO LEGISLATE BY CANON
Provision for ordination of women as priests
1.-(1) It shall be lawful for the General Synod
to make provision by Canon for enabling a woman to be ordained to the office of
priest if she otherwise satisfies the requirements of Canon Law as to the persons
who may be ordained as priests[, and it is hereby declared for the avoidance of
doubt that any canon making provision shall apply in the Channel Islands].
(2) Nothing in
this Measure shall make it lawful for a woman to be consecrated to the office
of bishop.
PART II
DISCHARGE OF FUNCTIONS
Bishops
2.-(1) A bishop of a diocese in office at the
relevant date may make any one or more of the following declarations –
(a) that a woman
is not to be ordained within the diocese to the office of priest; or
(b) that a woman
is not to be instituted or licensed to the office of incumbent or
priest-in-charge of a benefice, or of team vicar for a benefice, within the
diocese; or
(c) that a woman
is not to be given a licence or permission to
officiate as a priest within the diocese.
(2) A declaration
by a bishop under subsection (1) above shall be contained in a written notice
signed by him.
(3) A bishop who
has made a declaration under subsection (1) above may by written notice signed
by him withdraw the declaration.
(4) A copy of any
notice given under subsection (2) or (3) above shall be sent to the following
–
(a) Her Majesty;
(b) the Duke of Cornwall;
(c) the Lord
Chancellor;
(d) the archbishop
of the province concerned;
(e) the secretary
of the diocesan synod of the diocese concerned;
(f) the
registrar of the province concerned;
(g) the registrar
of the diocese concerned;
(h) the designated
officer for the diocese concerned, within the meaning of section 7(5) of the
Patronage (Benefices) Measure 1986.
(5) Where the
bishop of a diocese who has made a declaration under sub-section (1) above and
not withdrawn it ceases to hold that office, the declaration shall continue to
be in force until the expiry of a period of six months beginning with the date
on which another person becomes the bishop of that diocese.
(6) Where a
declaration by a bishop under this section is in force, a bishop discharging
any functions of the bishop of the diocese (including functions by virtue of an
instrument under section 10 of the Dioceses Measure 1978 or a scheme under
section 11 of that Measure) shall not act in contravention of the declaration.
(7) A declaration
under subsection (1)(c) above shall not prevent a woman from being allowed
under any Canon of the Church of England to officiate as a priest in a church
or chapel for one period of not more than seven days in any period of three
months without reference to the bishop or other Ordinary.
(8) In this
section “relevant date” means the date on which the Canon enabling
a woman to be ordained to the office of priest is promulged.
Parishes
[3.-(1) Subject to the following provisions of
this section a Congregational Meeting of a parish may pass either or both of
the resolutions set out as Resolution A and Resolution B in Part I of Schedule 1
to this Measure.
(2) Subject to the
following provisions of this section a Congregational Meeting which has passed
a resolution under subsection (1) above may by resolution rescind it, and the
first-mentioned resolution shall continue in force until rescinded.
(3) Subject to
subsection (4) below it shall be the duty of the minister of a parish, and
during a vacancy or when the minister is incapacitated by absence or illness or
any other cause it shall be the duty of the churchwardens of the parish, to convene
a Congregational Meeting in accordance with subsection (5) below for the
purpose of considering a motion for a resolution under subsection (1) or (2)
above within six weeks of receiving a request in writing so to do signed by not
less than one sixth of the persons entitled to attend such a meeting.
(4) A motion for a
resolution in the form set out as Resolution A in Part I of Schedule 1 to
this Measure shall not be considered by a Congregational Meeting if the
minister of the parish concerned, or any assistant curate for that parish, is a
woman ordained to the office of priest.
(5) A resolution
shall not be passed by a Congregational Meeting under subsection (1) or (2)
above unless –
(a) the convenor
of the meeting has caused a notice in the form set out in Part II of Schedule 1
to this Measure to be affixed on or near to the principal door of every Church
of England church and place of worship in the parish for a period of at least
four weeks stating the time and place of the meeting and the terms of the
motions proposing the resolutions which are to be considered; and
(b) the meeting is
attended by at least one third of the persons entitled to attend.
(6) A copy of any
resolution passed by a Congregational Meeting under subsection (1) or (2) above
shall be sent to the following –
(a) the Bishop of Winchester;
(b) the Dean of
the Island;
(c) the lay
chairman of the deanery synod;
(d) the registrar
of the diocese; and
(e) the patron of
the parish concerned.
(7) Where a
resolution under subsection (1) above is in force a person discharging any
function in relation to the parish concerned shall not act in contravention of
the resolution.
(8) In this
section “convenor” means the minister of the parish or, during a
vacancy or when the minister is incapacitated by absence of illness or any
other cause, the churchwardens of the parish.]
4. *
* * * * * *
Ecclesiastical offences
5. It
shall be an offence against the laws ecclesiastical, for which proceedings may
be taken * * * –
(a) for any bishop
to act in contravention of a declaration under section 2(1) above;
(b) for any
bishop, priest or deacon to act in contravention of a resolution under section
3(1) above or to permit any act in contravention of such a resolution to be
committed in any church or any building licensed for public worship according
to the rites and ceremonies of the Church of England; or
(c) * * * * *
6. *
* * * * * *
Benefices in the patronage of the Crown etc
[7. Section
3 above shall apply in relation to a parish in respect of which the Crown is
the patron, whether solely or jointly with any other person, as it applies in
relation to any other parish.]
8. *
* * * * * *
PART III
GENERAL
General interpretation
9. In
any Canon, order, rule or regulation relating to priests, words importing the
masculine gender include the feminine, unless the contrary intention appears.
Minor and consequential amendments
10. The
enactments specified in Schedule 3 to this Measure shall have effect
subject to the amendments specified in that Schedule, being minor amendments or
amendments consequential on the provisions of this Measure.
Amendment etc. of Measure or Canon
11. A motion
for the final approval of a Measure or Canon of the Church of England which
amends or repeals any provision of this Measure or of any Canon promulged under
section 1 above shall not be deemed to be carried unless it receives the assent
of a majority in each House of the General Synod of not less than two-thirds of
those present and voting.
Short title, commencement and extent
12.-(1) This Measure may be cited as the Priests
(Ordination of Women) Measure 1993.
(2) * * * * *
(3) Subject to the
following provisions of this section this Measure shall extend to the whole of
the provinces of Canterbury
and York except
the Channel Islands.
(4) This Measure
may be applied to the Channel Islands, as
defined in the Channel Islands (Church
Legislation) Measures 1931 and 1957, or either of them, in accordance with
those Measures.
(5) * * * * *
SCHEDULES
[SCHEDULE
1
PART I
Resolution A
That this Congregational Meeting would not accept a woman as the
minister who presides at or celebrates the Holy Communion or pronounces the
Absolution in the parish.
Resolution B
That this Congregational Meeting would not accept a woman as the
incumbent or priest in charge of the parish.
PART II
Notice of Congregational Meeting
Parish of
…............................................................…….............
A Congregational Meeting will be held in
.............................................. ...........................................................................................on
......... day the .......................... day of
........................... 199 at ............. a.m./p.m. for the
consideration of the following motion(s).
|
[Set
out text of Resolution A and/or Resolution B]
|
All persons of
either sex whose names are entered upon the Island’s Church Electoral
Roll in relation to this parish (and such persons only), are entitled to
attend and vote at this meeting.
|
..................................Signed
Minister/Churchwardens”.]
|
SCHEDULE 2
* * * * * * *
SCHEDULE 3
(Section 10)
Minor and consequential amendments
Pluralities Act 1838
1. In
section 36 of the Pluralities
Act 1838 –
(a) for the word
“he” there shall be substituted the words “such spiritual
person”;
(b) after
“widow” there shall be inserted the words “or widower”.
2. In
section 43 of that Act for the word “wife” in both places where it
appears there shall be substituted the word “spouse”.
Synodical Government Measure 1969
3. In
Schedule 3 to the Synodical Government Measure 1969 (Church Representation
Rules) –
(a) in rule 16(3)
there shall be inserted at the end the words “or section 3 of the Priests
(Ordination of Women) Measure 1993”;
(b) in rule 17
–
(i) in
paragraph (1)(c) after “1983” there shall be inserted the
words “and its functions under section 3 of the Priests (Ordination of
Women) Measure 1993”;
(ii) in paragraph (2)
after “Part I” there shall be inserted the words “and its
functions under section 3 of the Priests (Ordination of Women) Measure
1993”;
(c) in rule 17A
–
(i) in
paragraph (1)(c) there shall be inserted at the end the words “and
its functions under section 3 of the Priests (Ordination of Women) Measure
1993, as may be so specified”;
(ii) in paragraph (2)
after “Part I” there shall be inserted the words “and its
functions under section 3 of the Priests (Ordination of Women) Measure
1993”;
(d) in rule 17B
–
(i) in
paragraph (1)(c) after “1986” there shall be inserted the
words “and section 3 of the Priests (Ordination of Women) Measure
1993”;
(ii) in paragraph (3)
after “1986” there shall be inserted the words “and section 3
of the Priests (Ordination of Women) Measure 1993”.
Dioceses Measure 1978
4. In
section 10(1) of the Dioceses Measure 1978 there shall be inserted at the end
the words “, except functions under section 2 of the Priests (Ordination
of Women) Measure 1993”.
5. In
section 11(2) of that Measure there shall be inserted at the end the words
“, except functions under section 2 of the Priests (Ordination of Women)
Measure 1993”.
Pastoral Measure 1983
6. In
section 20(8) of the Pastoral Measure 1983 there shall be inserted at the end
the words “Provided that a woman who is a vicar in a team ministry shall
not by virtue of this subsection have authority to preside at or celebrate the
Holy Communion or pronounce the Absolution in a parish to which a resolution in
the form set out as Resolution A in Schedule 1 to the Priests (Ordination
of Women) Measure 1993 applies”.
7. In
section 21(1) of that Measure there shall be inserted at the end the words
“Provided that a woman who is the incumbent of a benefice shall not by
virtue of paragraph (a) above have authority to preside at or celebrate
the Holy Communion or to pronounce the Absolution in a parish to which a
resolution under section 3(1) of the Priests (Ordination of Women) Measure 1993
applies”.
8. In
Schedule 4 to that Measure in paragraph 13(1)(c) and (3) for the word
“widow” whenever it appears there shall be substituted the words
“surviving spouse”.
Church of England (Miscellaneous Provisions) Measure 1983
9. In
section 8(1) of the Church of England (Miscellaneous Provisions) Measure 1983
there shall be inserted at the end the words “and functions under section
2 of the Priests (Ordination of Women) Measure 1993”.
Patronage (Benefices) Measure 1986
10. In
section 11 of the Patronage (Benefices) Measure 1986 –
(a) in subsection
(1) the word “and” after paragraph (d) shall be omitted;
(b) in subsection
(2)(a) for the word “wife” there shall be substituted the word
“spouse”.
11. In
section 12(4) of that Measure for the word “wife” there shall be
substituted the word “spouse”.
12. In
section 13(5) of that Measure at the end there shall be inserted the words
“Provided that this subsection shall not apply in respect of –
(a) a parish in a
diocese to which a declaration under section 2(1)(b) of the Priests (Ordination
of Women) Measure 1993 applies; or
(b) a benefice
comprising a parish to which a resolution under section 3(1) of that Measure
applies,
where the refusal is made solely on grounds of gender”.
13. In
section 35(7) of that Measure after the words “traditions of the
parish” there shall be inserted the words “(including the terms of
any resolution under section 3(1) of the Priests (Ordination of Women) Measure
1993 affecting the benefice in question)”.
SCHEDULE 4
* * * * * * *
ORDINATION OF WOMEN (FINANCIAL PROVISIONS) MEASURE 1993
(1993 No. 3)
ARRANGEMENT OF SECTIONS
|
Section
|
1.
|
Entitlement to residential and financial
benefit.
|
2.
|
Housing.
|
3.
|
Resettlement grants.
|
4.
|
Periodical payments.
|
5.
|
Discretionary payments.
|
6.
|
Reduction etc. of periodical payments on
account of other employment.
|
7.
|
Declarations and applications.
|
8.
|
Finance and administration.
|
9.
|
Provisions as to pensions.
|
10.
|
Appeals.
|
11.
|
Interpretation.
|
12.
|
Amendment etc. of Measure.
|
13.
|
Citation and extent.
|
SCHEDULES
|
Form
of Declaration.
|
ELIZABETH II

1993 No. 3
A MEASURE passed by the General Synod of
the Church of England to make provision as to the relief of hardship incurred
by persons resigning from ecclesiastical service by reason of opposition to the
ordination of women as priests, and for connected purposes.
[5th November 1993]
BE IT ENACTED by the Queen’s Most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows –
Entitlement to residential and financial benefit
1.-(1) Subject to the provisions of this
Measure, every person to whom this section applies shall be entitled, on
application, to –
(a) participate,
in accordance with section 2 below, in any church housing scheme; and
(b) receive from
the Board financial benefit consisting of –
(i) a
resettlement grant in accordance with section 3 below; and
(ii) periodical
payments in accordance with section 4 below.
(2) This section
applies to every clerk in Holy Orders, deaconess or licensed lay worker who
–
(a) was in
whole-time stipendiary ecclesiastical service (being service which is
pensionable service for the purposes of the pensions regulations) within the Province of Canterbury (including the Diocese in Europe) or the Province
of York at the relevant
date or at any time during the period of six months immediately preceding that
date;
(b) at the
relevant date has performed a period of such ecclesiastical service of not less
than five years or a succession of periods of such ecclesiastical service
(whether with or without intervals) amounting in the aggregate to not less than
five years;
(c) within the
period commencing six months immediately before the relevant date and ending
ten years immediately after that date has ceased to be in such ecclesiastical
service consequent on his resigning therefrom;
(d) within the
period of ten years immediately after the relevant date has made a declaration
in the form set out in the Schedule to this Measure stating that he would not
have resigned but for his opposition to the promulgation of the relevant Canon;
(e) has not
attained the retiring age;
(f) is not
in receipt of a pension under the pensions regulations.
Housing
2. Section
26 of the Clergy Pensions Measure 1961 (powers of Board as to provision of
residences) and any church housing scheme shall have effect for the purposes of
this Measure as if –
(a) any reference
in that section or scheme to a retired clerk in Holy Orders included a
reference to a clerk in Holy Orders to whom section 1 above applies; and
(b) any reference
in that section or scheme to a retired church worker included a reference to a
deaconess or licensed lay worker to whom section 1 above applies.
Resettlement grants
3.-(1) A resettlement grant under section
1(1)(b) above shall be a single payment of an amount equal to three-tenths of
the national minimum stipend for the year in which application for the grant
was made or such greater amount as the Board may, with the concurrence of the
Commissioners, determine.
(2) Such a grant
shall not be paid unless the Board is satisfied that the applicant was,
immediately before the material time, residing in accommodation made available
to him in order to enable him to undertake the service from which he has
resigned.
Periodical payments
4.-(1) Subject to subsection (2) below,
periodical payments under section 1(1)(b) above shall be paid monthly to the
applicant during a period expiring at the end of –
(a) such number of
months immediately following the material time as results from adding together
–
(i) one
month for each year or part of a year during which the applicant has served in
whole-time stipendiary ecclesiastical service; and
(ii) one month for
each year or part of a year which has passed before the material time since the
applicant attained the age of forty years; or
(b) thirty-six
months immediately following the material time,
whichever is the greater:
Provided that where an applicant has at the material time attained
the age of fifty years the payments shall continue, if they would otherwise
cease, until he attains an age within five years of the retiring age.
(2) Such payments
shall cease to be payable in respect of any person –
(a) when he
attains the retiring age; or
(b) if he receives
a pension under the pensions regulations before attaining that age, on the date
on which the pension is first paid; or
(c) if he
re-enters whole-time stipendiary ecclesiastical service as defined in section
1(2)(a) above, on the date of the re-entry.
(3) Subject to
section 6 below, each monthly payment shall be of an amount equal to
one-twelfth of the following –
(a) in the first
period of twelve months, the national minimum stipend for the year in which the
payment falls to be made;
(b) in the second
period of twelve months, three-quarters of the national minimum stipend for the
year in which the payment falls to be made;
(c) thereafter,
two-thirds of the national minimum stipend for the year in which the payment
falls to be made.
(4) Regulations
approved by the General Synod under section 6 of the Clergy Pensions
(Amendment) Measure 1972 may make such amendments to subsection (1) above as
the Synod considers necessary or expedient in consequence of any regulations
made under subsection (1)(a) of that section.
Discretionary payments
5.-(1) Subject to subsection (2) below, the
Board may, on application being made to it by any person, provide such
financial benefit to him by way of periodical payments, grant or loan or
otherwise as it thinks fit.
(2) In the case of
an applicant to whom section 1 above does not apply, the Board shall not make
any payment under subsection (1) above unless it is satisfied that –
(a) within the
period of ten years immediately after the relevant date, the applicant or any
person on whom the applicant is (or was immediately before that person’s
death) dependent –
(i) has
ceased to hold an office or employment or to be a member of a religious
community consequent on his resigning therefrom; and
(ii) has made a
declaration in the form set out in the Schedule to this Measure stating that he
would not have resigned but for his opposition to the promulgation of the
relevant Canon; and
(b) in consequence
the applicant has suffered or will suffer financial hardship.
(3) For the
purpose of determining whether any financial benefit should be provided under
this section and, if so, the amount and form of the benefit the Board shall
have regard to –
(a) the age and
other personal circumstances of the applicant;
(b) any special
need of the applicant in respect of housing;
(c) any special
need of the applicant in respect of training for suitable employment;
(d) the extent to
which the applicant provides or might reasonably be expected to provide
financial support for any person dependent on him; and
(e) all other
relevant circumstances of the applicant’s case.
Reduction etc. of periodical payments on account of other
employment
6.-(1) Subject to subsection (2) below, if any
person who is applying for or receiving periodical payments under section
1(1)(b) or 5(1) above accepts any office or employment, the Board may refuse
the application or, as the case may be, may suspend the periodical payments or
reduce the amount thereof so as to take account of the emoluments of or other
benefits which arise from the office or employment.
(2) The Board
shall not exercise its powers under subsection (1) above in a manner whereby
the total annual amount of the emoluments in question and the periodical
payments (if any) would be less than the national minimum stipend.
(3) It shall be
the duty of every person who applies for or receives periodical payments under
section 1(1)(b) or 5(1) above to disclose to the Board any office or employment
which has been accepted by him and the terms thereof; and if he fails to do so
and it appears to the Board that in consequence it has made periodical payments
which otherwise it would not have made or periodical payments in excess of
those it would otherwise have made, it may, without prejudice to its powers
under subsection (1) above, direct the repayment of the amount of the payments
or excess or such part thereof as it thinks just, and that amount shall be
recoverable as a debt due to the Board.
Declarations and applications
7.-(1) A declaration made for the purpose of
section 1(2)(d) or 5(2)(a)(ii) above shall be signed and dated by the person
making it in the presence of another person who shall also sign it; and a copy
of it shall be sent to the bishop of the diocese concerned.
(2) An application
for any benefit under this Measure shall be made in such manner as the Board
may determine; and where a person is incapacitated from making such an
application himself the Board may authorize some other person to make it on his
behalf.
Finance and administration
8.-(1) The Board shall administer the system of
benefits established by this Measure, and the Commissioners shall pay to the
Board out of their general fund such sums as are required by the Board for the
payments to be made by it under this Measure.
(2) The Board
shall carry out its functions under this Measure in consultation with the
Commissioners and in accordance with such directions of a general character as
the Commissioners may give; and where the Commissioners give any directions
under this subsection they shall as soon as practicable cause a report thereon
to be laid down before the General Synod.
(3) Directions
given by the Commissioners under subsection (2) above may include directions
which appear to them to be requisite or expedient for securing a due balance
between the liabilities likely to be imposed on their general fund by virtue of
sections 2 and 5 of this Measure and the resources of that fund available for
meeting those liabilities.
Provisions as to pensions
9.-(1) Where pension is payable under the
pensions regulations to a person who has received periodical payments under
section 1(1)(b) above, the Commissioners shall augment the pension so as to
ensure that it is at the same rate as it would have been had the period during
which the periodical payments were made been one of pensionable service for the
purposes of the regulations.
(2) Nothing in
this Measure affects the entitlement of any person to receive a pension under
the pensions regulations where he retires before attaining the retiring age.
Appeals
10.-(1) An applicant for any benefit under this
Measure who is aggrieved by a determination of the Board in carrying out its
functions under this Measure may appeal against the determination to a tribunal
constituted in accordance with subsection (4) below.
(2) Subject to
subsection (3) below, on any such appeal the tribunal may affirm the
Board’s determination or make any other determination which could have
been made by the Board; and if the Board’s determination is not affirmed
it shall give effect to the tribunal’s determination.
(3) In respect of
any determination made by the Board under section 5 above the tribunal shall
not vary the Board’s determination unless it is satisfied that the Board
–
(a) has exercised
its discretion on a basis on which no reasonable determination could have been
made; or
(b) has failed to
take into account some material matter, or has taken into account some
irrelevant matter, where in either case in acting properly the determination of
the Board would or might have been significantly different:
Provided that this subsection shall not apply where the tribunal
considers that, in all the circumstances of the case, not to vary the
Board’s determination would or might result in an injustice to the
applicant and would or might cause significant financial hardship.
(4) The tribunal
shall consist of five persons nominated by the chairman of the House of
Bishops, the chairman of the House of Clergy and the chairman of the House of
Laity acting jointly from a panel of twelve members of the General Synod
selected by the Standing Committee.
(5) The Standing
Committee may make rules regulating the procedure and practice in or in
connection with proceedings on an appeal under this section, including in
particular the time within which an appeal must be lodged.
(6) Any rules made
under subsection (5) above shall be laid before the General Synod and shall not
come into force until approved by the General Synod, whether with or without
amendment.
(7) Where the
Standing Committee determines that the rules do not need to be debated by the
General Synod then, unless –
(a) notice is
given by a member of the General Synod in accordance with its Standing Orders
that he wishes the rules to be debated;
(b) notice is so
given by any such member that he wishes to move an amendment to the rules and
at least twenty-five other members of the General Synod indicate when the
amendment is called that they wish the amendment to be moved,
the rules shall for the purposes of subsection (6) above be deemed
to have been approved by the General Synod without amendment.
(8) The Statutory Instruments Act
1946 shall apply to any rules approved by the General Synod under
subsection (6) above as if they were statutory instruments and were made when
so approved, and as if this Measure were an Act providing that any such rules
should be subject to annulment in pursuance of a resolution of either House of
Parliament.
Interpretation
11.-(1) In this Measure –
“Board” means the Church of England Pensions Board;
“church housing scheme” means any scheme operated for
the time being by the Board under section 26 of the Clergy Pensions Measure
1961 for the purpose of providing residences to retired clergy and church
workers;
“clerk in Holy Orders” means any bishop, priest or
deacon of the Church of England;
“Commissioners” means the Church Commissioners;
“licensed lay worker” means a person who has been
admitted by a bishop as a lay worker of the Church of England and who has been
authorized by a bishop by licence to serve as such a
worker;
“material time” in relation to a person who resigns
from stipendiary ecclesiastical service is the time when he ceases to be in
such service;
“national minimum stipend”, in relation to any year,
means the national minimum stipend recommended for the stipends of clergymen of
incumbent status for that year in the Annual Report of the Commissioners as the
Central Stipends Authority;
“pensions regulations” means regulations for the time
being in force under section 6 of the Clergy Pensions (Amendment) Measure 1972;
“relevant Canon” means the Canon of the Church of
England enabling a woman to be ordained to the office of priest;
“relevant date” means the date on which the relevant
Canon is promulged;
“Standing Committee” means the Standing Committee of
the General Synod.
(2) In this Measure
the following expressions have the same meaning as in the pensions regulations
–
“pensionable service”;
“qualifying period of pensionable service”;
“retiring age”;
“stipendiary ecclesiastical service”.
Amendment etc. of Measure
12. A motion
for the final approval of a Measure which amends or repeals any provision of
this Measure shall not be deemed to be carried unless it receives the assent of
a majority in each House of the General Synod of not less than two-thirds of
those present and voting.
Citation and extent
13.-(1) This Measure may be cited as the
Ordination of Women (Financial Provisions) Measure 1993.
(2) This Measure
shall extend to the whole of the provinces of Canterbury and York except the Channel
Islands, but may be applied to the Channel
Islands, as defined in the Channel Islands
(Church Legislation) Measures 1931 and 1957,
or either of them, in accordance with those Measures.
SCHEDULE
FORM OF DECLARATION
I [name of declarant] of [address of declarant], hereby declare
that on [date of resignation] I resigned from [state nature of office, etc.]
and that I would not have resigned but for my opposition to the promulgation of
the Canon of the Church of England enabling a woman to be ordained to the
office of priest.
[signature
of declarant]
[date]
Signed and dated in the presence of
[name of witness] of [address of witness]
[signature of witness]