THE PROVISIONS OF THE MEASURE
Section 1 - Power for Church Commissioners and
Archbishops' Council to make financial provision for Diocese in
Europe
Section 1(1)
15. Section 1(1) inserts a new section lA (Further
provision as to qualifying connections) into the 2008 Measure.
The new section lA contains four new subsections.
Section 1(2)
16. This subsection modifies the effect of sections
2(3) and 8 of the National Institutions Measure 1998 ("the
1998 Measure"), providing that the Commissioners' power to
make payments to the Diocese is to be treated as if it were a
purpose for which the balance in the Commissioners' general fund
was available immediately before the coming into force of those
sections.
17. Section 2(3) of the 1998 Measure requires
the Archbishops' Council to consider how to apply or distribute
sums paid to them by the Commissioners under the 1998 Measure,
but then restricts such applications or distributions by reference
to the purposes for which the Commissioners' general fund was
available immediately before the coming into force of section
2. The Measure therefore has the effect of enabling the Archbishops'
Council, as well as the Commissioners, to make payments to the
Diocese for the development of its mission. It means that the
Archbishops' Council is required to "have particular regard
to the requirements of section 67 of the Ecclesiastical Commissioners
Act 1840 relating to the making of additional provision for the
cure of souls in parishes where such assistance is most required".
That provision does not extend to the Diocese (because, as previously
noted, it has chaplaincies rather than parishes), and therefore
in practice payments to the Diocese are likely to take slightly
lower priority than payments under section 67.
18. Section 8 of the 1998 Measure requires the
Commissioners to manage their assets for the advancement of any
purpose for which they held them immediately before the coming
into force of section 8, and to have particular regard to the
requirements of section 67 of the Ecclesiastical Commissioners
Act 1840. The effect of section 1(2) of the Measure on section
8 is to ensure that, in exercising their new power to make payments
to the Diocese, the Commissioners are under the same obligation
to have particular regard to the requirements of section 67 as
they are in relation to payments for any of their other purposes.
Section 2 - Article 8 references in the Diocese
in Europe
Section 2(1)
19. Section 2(1) confirms, for the avoidance
of doubt, that the Diocese is a "diocese" for the purposes
of interpretation of Article 8 of the Constitution of the General
Synod, which provides for certain Measures, Canons and schemes
to be referred to diocesan synods for approval before they can
be finally approved by the General Synod.
Section 2(2)
20. Section 2(2) repeals the provision of Article
8 of the Constitution that required references under that article
to be made to the bishop's council and standing committee of the
Diocese. In future the function of giving or withholding approval
on behalf of the Diocese for the purpose of Article 8 of the General
Synod's Constitution will be given to the diocesan synod of the
Diocese in the same way as in every other diocese.
21. Section 2(2) also consequentially repeals
section 3 of the Diocese in Europe Measure 1980, which made provision
about the application of Article 8 where a reference was made
to the bishop's council and standing committee and is therefore
no longer required.
Section 3 - Short title and commencement
22. Section 3 makes provision for the short title
and commencement of the Measure.
| 
