DRAFT MISSION AND PASTORAL ETC. (AMENDMENT) MEASURE

In February, final approval was given to the draft Mission and Pastoral etc. (Amendment) Measure, which gives effect to recommendations made in Phase I of the work of the Council's Simplification Task Group. Although there is no overarching theme in the changes made by the Measure, most relate to processes undertaken at diocesan level; a number concern the legislative framework for pastoral reorganisation (including the drafting and publication of pastoral schemes) and related matters.

DRAFT CHURCH REPRESENTATION, ECUMENICAL RELATIONS AND MINISTERS MEASURE

The February group of sessions also saw the introduction of the draft Church Representation, Ecumenical Relations and Ministers Measure and draft Amending Canon No 38, both of which give effect to proposals emerging from Phase II of the Simplification Task Group's work.

The draft Measure will substitute new Church Representation Rules for those contained in Schedule 3 to the Synodical Government Measure 1969. While preserving various basic features of the old rules, the new ones will implement a range of reforms – including allowing the creation of joint councils covering two or more connected parishes and replacing the individual parochial church councils (PCCs). Additionally, the rules relating to parish governance take the form of models which represent a simplified form of the existing rules, but which it will be open to a PCC to amend, supplement or replace by way of a scheme made by an annual parochial church meeting (subject to approval by the bishop's council): only where a parish does not make a scheme will the model rules automatically apply. The Measure will also amend the Church of England (Ecumenical Relations) Measure 1988, so as to extend the scope of the ecumenical provision that can be made by canon.

In reliance on the latter change, draft Amending Canon No 38 will substitute a new Canon B 43 for the existing Canons B 43 and B 44, which currently enable ecumenical activity. It will also relax the requirements for the holding of services in parish churches and make various changes to the Canons concerning ordination, certain appointments and ministry.

CONSOLIDATION, REPEALS AND MISCELLANEOUS PROVISIONS

While not concerned with simplification as such, other Measures received final approval that serve the related purpose of putting the Church's statute law into a more satisfactory and up-to-date format. Thus, the Ecclesiastical Jurisdiction and Care of Churches Measure will consolidate a large number of provisions concerning the jurisdiction of ecclesiastical courts, the care of churches and other matters; the Pensions (Pre-consolidation) Measure will make modest changes intended to pave the way for a subsequent Measure which will consolidate the Church's highly complex pensions legislation; and the Statute Law Repeals Measure will repeal a large number of spent and obsolete enactments.

Also in the field of legislative ‘housekeeping’, July saw the introduction of this quinquennium's Church of England (Miscellaneous Provisions) Measure, which will make a range of miscellaneous changes to ecclesiastical law, united only by their being uncontentious.

LEGISLATIVE REFORM MEASURE

In a further related area, final approval was given in July to the Legislative Reform Measure, the purpose of which is to simplify the legislative process itself. It will do so by enabling certain sorts of Church legislation to be repealed or amended more quickly and easily, by means of an order made by the Archbishops’ Council and approved by the Synod at a single group of sessions.

The proposed new power will be subject to various conditions and safeguards:

1. i. A number of requirements will have to be met before it can be exercised – including in particular that any order will have to be directed to removing ‘burdens’ arising from Church legislation;

2. ii. Certain pieces of legislation will be outside its scope (because they are too ‘foundational’ or sensitive); and

3. iii. A special procedure will be put in place for making such orders, including extensive consultation before they are made, and scrutiny when they come to the Synod by a specially created synodical committee.

Additionally, in response to concerns as to how the Ecclesiastical Committee of Parliament might receive the Measure, it contains a ‘sunset clause’ under which most of its provisions will expire at the end of five years from the laying of the first order made under it, unless the Archbishops’ Council has previously made an order continuing it in force and that order has been approved not only by the General Synod but also by both Houses of Parliament.

VESTURE AND BURIAL

Turning to legislation focusing on other areas of the Church's life, final approval was given at the July group of sessions to two draft Amending Canons making changes called for by the previous General Synod.

Amending Canon No 36 will amend Canon B 8 to make the forms of vesture provided for by that Canon optional rather than mandatory: the minister will be allowed to adopt some other form of dress, on a general basis, if he or she has ascertained by consultation with the parochial church council that doing so will be acceptable and benefit the mission of the Church in the parish. (In the case of the occasional offices, the agreement of the persons concerned is required.) Amending Canon No 37 will amend Canon B 38 so as to allow those who have taken their own life, and those who have not been baptised, to be buried in accordance with the normal burial service.

SAFEGUARDING

Turning to secondary legislation, in February the Synod approved the Safeguarding (Risk Assessment) Regulations 2016, made under the new Canon C 30 (‘Of safeguarding’). That Canon confers a power allowing bishops to require clergy to undergo a risk assessment; and the regulations make provision for the persons who may carry out such an assessment and for the procedures for carrying it out and for challenging its outcome.

ECCLESIASTICAL OFFICES (TERMS OF SERVICE) (AMENDMENT) REGULATIONS 2017

Finally, approval was also given in February to the Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017. They make provision for the holding of ecclesiastical office beyond the age of 70 by ecclesiastical office-holders (other than the archbishops) who hold office under common tenure, replacing the existing provision made by the Ecclesiastical Offices (Age Limit) Measure 1975 and the Terms of Service Regulations themselves so far as those on common tenure are concerned.

In essence, the Amendment Regulations enable bishops, deans, archdeacons and residentiary canons to be continued in office beyond the age of 70 for a fixed term, or a series of fixed terms, up to a maximum age of 75. They also allow a person to take up a new appointment as an incumbent, team vicar, priest in charge, assistant curate or other licensed office, or to be continued in any of those offices, after they have reached 70. Although the appointment or continuation must be for a fixed term or a series of fixed terms, there is no upper age limit in their case for an appointment to or a continuation in those offices. But all the provisions of the Regulations are permissive, not requiring office-holders to continue beyond 70 or conferring an entitlement on them to do so: whether they may do so is in the archbishop's or bishop's discretion.