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Section 9.

SCHEDULE 5 Amendment of Ecclesiastical Judges and Legal Officers Measure 1976

1 The [1976 No.2.] Ecclesiastical Judges and Legal Officers Measure 1976 shall be amended as follows.

2 In section 3 (office of registrar of a province)—

(a) after subsection (4) there shall be inserted the following subsections—

“(4A) The registrar of a province may, with the consent of the archbishop of the province, appoint a fit and proper person to act as deputy registrar of the province for such period and for such purpose as may be specified in the instrument of appointment; and during that period and for that purpose a person so appointed shall have all the powers and duties of the registrar.

(4B) Where the registrar of a province ceases to hold that office, a person appointed to act as deputy registrar under subsection (4A) above shall cease to hold that office when a new registrar is appointed.

(4C) If, in the opinion of the archbishop of the province concerned, the registrar of the province is for any reason unable or unwilling to perform the duties of a registrar or it would be inappropriate for him to perform those duties and there is no person appointed to act as deputy registrar under subsection (4A) above able to perform those duties, the archbishop may request the registrar of the other province to appoint a fit and proper person to perform those duties for such period as the instrument of appointment may specify; and during that period a person so appointed shall have all the powers and duties of the registrar of the first-mentioned province.”;

(b) in subsection (5) after the word “office” there shall be inserted the words “or to act as deputy registrar”.

3 In section 4 (office of the registrar of a diocese) at the end there shall be inserted the following subsections—

“(5A) The registrar of a diocese may, with the consent of the bishop of the diocese, appoint a fit and proper person to act as deputy registrar of the diocese for such period and for such purpose as may be specified in the instrument of appointment; and during that period and for that purpose a person so appointed shall have all the powers and duties of the registrar.

(5B) Where the registrar of a diocese ceases to hold that office, a person appointed to act as deputy registrar under subsection (5A) above shall cease to hold that office when a new registrar is appointed.

(5C) If, in the opinion of the bishop of the diocese concerned, the registrar of the diocese is for any reason unable or unlikely to perform the duties of a registrar or it would be inappropriate for him to perform those duties and there is no person appointed to act as deputy registrar under subsection (5A) above able to perform those duties, the bishop may request the registrar of the province within which the diocese is situated to appoint a fit and proper person to perform those duties for such period as the instrument of appointment may specify; and during that period a person so appointed shall have all the powers and duties of the registrar of the diocese.

(5D) If the registrar of the diocese concerned is also the registrar of the province within which the diocese is situated the reference in subsection (5C) above to the registrar of the province within which the diocese is situated shall be construed as a reference to the registrar of the other province.”.

Section 10.

SCHEDULE 6 Amendment of Ecclesiastical Fees Measure 1986

1 The [1986 No. 2.] Ecclesiastical Fees Measure 1986 shall be amended as follows.

2 In section 5 (Legal Officers (Annual Fees) Orders)—

(a) in subsection (1)—

(i) after the words “paid to” there shall be inserted the words “ecclesiastical judges and”;

(ii) the words “(to be known as a “Legal Officers (Annual Fees) Order”)” shall be omitted;

(b) in subsection (2) at the end there shall be inserted the words “, including provision for payments in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings”;

(c) in subsections (4) and (5) for the words “a Legal Officers (Annual Fees) Order” in both places where they occur there shall be substituted the words “an order made under subsection (1) above”.

3 In section 6 (Ecclesiastical Judges and Legal Officers (Fees) Orders)—

(a) in subsection (1) for the words from “(not, in the case of legal officers” to the end there shall be substituted the words “to such persons as are so specified, and the Commission may make an order to give effect to their recommendations”;

(b) in subsection (2) at the end there shall be inserted the words “, including provision for payments to be made in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings”.

4 In section 10 (interpretation)—

(a) in the definition of “ecclesiastical judges” at the end there shall be inserted the words “, and the deputies of any of them”;

(b) in the definition of “legal officers” at the end there shall be inserted the words “, and the deputy provincial and diocesan registrars”.

Section 32(1).

SCHEDULE 7 Minor and Consequential Amendments

Faculty Jurisdiction Measure 1964

1 In section 4 of the [1964 No. 5.] Faculty Jurisdiction Measure 1964—

(a) in subsection (1) the words “appropriated to the use of any parish or place” shall be omitted;

(b) in subsection (2) the words “and is so appropriated” shall be omitted.

2 In section 6(1) of that Measure after the word “has” there shall be inserted the words “, before the coming into force of section 11 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991,”.

3 In section 15 of that Measure—

(a) after the definition of “bishop” there shall be inserted the following definition—

““church” includes any building or part of a building which is licensed for public worship according to the rites and ceremonies of the Church of England and is subject to the faculty jurisdiction;”;

(b) in the definition of “prescribed” for the words “section fourteen of this Measure” there shall be substituted the words “section twenty-six of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”.

Synodical Government Measure 1969

4 In Schedule 3 to the [1969 No. 2.] Synodical Government Measure 1969 (Church Representation Rules)—

(a) in rule 8(1) in sub-paragraph (f), at the end there shall be inserted the words “, under section 5 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”;

(b) in rule 24(2)(a)(vii) and (3)(a)(ii) after the word “finance” there shall be inserted in both places the words “and the chairman of the diocesan advisory committee”.

Pastoral Measure 1983

5 In section 56(3) of the [1983 No. 1.] Pastoral Measure 1983 at the end there shall be inserted the following paragraph—

“(c) affect the power of the bishop of a diocese under section 22 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 to make an order directing that a building or land shall not be subject to the legal effects of consecration”.

Care of Cathedrals Measure 1990

6 In section 20(1) of the [1990 No. 2.] Care of Cathedrals Measure 1990 in the definition of “prescribed” for the words “section 16 of this Measure” there shall be substituted the words “section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991”.