MARRIAGE

Unusually, these three groups of sessions saw the completion of all the synodical stages for the Church of England Marriage (Amendment) Measure: having been given First Consideration in November 2010, it completed its remaining stages at the July group of sessions.

The Measure's principal purpose, giving effect to a resolution of the Synod in July 2010, is to ensure that persons who have a ‘qualifying connection’ under the Church of England Marriage Measure 2008 with a parish in a benefice that is held in plurality or in a multi-parish benefice will be able to take advantage of a bishop's direction to marry in a church of the other benefice (in the case of a benefice held in plurality) or of another parish in the benefice (in the case of a multi-parish benefice). The new Measure will also provide more flexibility where a church of the parish with which someone has a qualifying connection is being rebuilt or repaired – in which case the marriage can take place in another licensed or consecrated building in the parish or, if there is no such building, in a church or chapel of an adjoining parish.

Additionally, the Measure will give legal authority for the alternative form of banns, for which provision was first made in the Alternative Service Book and which is now included in Common Worship. It will also allow banns to be published at the ‘principal service’ (rather than, as at present, at ‘morning service’) and, as an option, to be published additionally at any other service on the Sunday in question.

CLERGY DISCIPLINE

The Clergy Discipline Measure 2003 (CDM) has been in force since 1 January 2006, providing procedures that enable bishops to deal with the vast majority of formal complaints about clergy misconduct. For the small proportion of cases that cannot be resolved by bishops, the Measure established a modern tribunal system.

At the February group of sessions the Synod was asked to give First Consideration to the draft Clergy Discipline (Amendment) Measure and also to approve an amending Code of Practice making various changes to the original Code of Practice. The principal purpose of both instruments was to give effect to proposals by the Clergy Discipline Commission on which it had consulted in 2008: the Commission considered that, while in general the system was working well, modest improvements could be made to both the CDM and the Code of Practice made under it, in the light of practical experience of their operation since 2006.

To that end the Amendment Measure will make a number of changes to the CDM, both technical and substantive, the latter including new powers enabling bishops to take prompter and more effective action where child protection concerns arise. More contentiously, however, the Measure will also give effect to a resolution of the Synod in February 2009 by allowing disciplinary proceedings to be brought against clergy who are members of, or who otherwise support, organisations that have been declared by the House of Bishops to have aims that are inconsistent with the teaching of the Church of England on racial equality.

The changes to the Code of Practice fell into a number of principal areas, the more significant of which related to the role of the diocesan bishop in providing pastoral care to a cleric against whom a complaint is made and the relationship between the complaints procedure under the CDM and the capability procedure under Common Tenure.

PAROCHIAL FEES

The Ecclesiastical Fees (Amendment) Measure finally received the Royal Assent in May 2011. In addition to reconstituting the Fees Advisory Commission, the Measure put in place a new framework for charging parochial fees, involving the replacement of the incumbent's fee by a fee payable to the diocesan board of finance, the establishment of a list of services and other matters in respect of which fees may be prescribed (in place of the current definition of ‘parochial fees’), power for the Archbishops' Council to prescribe fees (including increases) for a period of up to five years and the provision of an express power to prescribe what costs and expenses are included within the statutory fees.

At the February group of sessions the Synod debated a report from the Archbishops' Council setting out a policy framework for parochial fees orders in the new form, and the first proposed Order under the new provisions was accordingly laid before the Synod for approval at the July group of sessions. However, the draft Order failed to secure approval, attracting criticism from a number of points of view – some inconsistent with the general legal position as regards the charging of fees or with the new statutory framework put in place by the Amendment Measure. In consequence, the Parochial Fees Order 2010 remains in force for the time being until a further draft Order under the new statutory framework is laid before the Synod by the Archbishops' Council and secures approval.

OTHER MATTERS

The remaining legislative business conducted over the course of the three groups of sessions comprised a diverse collection of items.

At the November 2010 group of sessions the Synod approved the final legislative building blocks needed to allow Common Tenure to be introduced: two orders making, respectively, transitional and consequential provision and further adjustments to the Regulations that set out the detailed terms of Common Tenure. At the end of January 2011 Common Tenure accordingly came into force for those office-holders to whom it applies.

In July, with a view to facilitating the making of diocesan reorganisation schemes under the Dioceses, Pastoral and Mission Measure 2007, the Synod approved the Reorganisation Schemes (Compensation) Rules 2011, which set out general principles and procedures for determining compensation where provision is made by a reorganisation scheme for compensation to be paid to the holder of an office that is abolished or reduced in status by the scheme. The Rules took as their basic model the existing (but very rarely used) provisions contained in the Pastoral Measure 1983 for the compensation of archdeacons and parochial clergy whose offices are abolished by pastoral schemes.

At the same group of sessions, in addition to approving the usual fees orders, the Synod approved the Payments to the Churches Conservation Trust Order 2011 (which specifies the Church's contribution to the Churches Conservation Trust for the triennium 2012–2015) and changes to the two Church of England pension schemes consequential on the making of new arrangements for the deanery of St German's Cathedral in Peel on the Isle of Man.

Finally, at the November 2010 group of sessions the Synod gave first consideration to a draft Act of Synod adopting the Anglican Communion Covenant. As Article 8 business, the draft Act of Synod has now been referred to the dioceses, not returning to the Synod for Final Approval unless and until a majority of dioceses approves it. Dioceses have until April 2012 to make their decision.

The draft Act of Synod represents Article 8 business on the basis that it involves ‘a scheme for … a permanent and substantial change of relationship between the Church of England and another Christian body being a body a substantial number of whose members reside in Great Britain’. Under Article 8(1B) of the Synod's Constitution the Synod may resolve that Final Approval of any such scheme is to require the assent of such special majorities of the members present and voting as may be specified in the resolution (whether a special majority of each House or of the whole Synod or of both). Relying on that provision, at the February group of sessions a member proposed that Final Approval of the Act of Synod should require a two-thirds majority of each House present and voting; however, the motion was lost on the Division by Houses – a majority of those present and voting in each House opposing the proposal.