THE PROVISIONS OF THE MEASURE
Section 1 - Qualifying connections under section
1 of the Church of England Marriage Measure 2008
Section 1(1)
22. 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.
NEW SUBSECTION (1)
23. New subsection (1) applies certain existing
statutory provisions to the case of marriages by virtue of a 'qualifying
connection' under the 2008 Measure. These provisions will enable
a person to marry-
(a) in the church or chapel of another benefice
that is held in plurality with the benefice to which the parish
with which he or she has a qualifying connection belongs; and
(b) in the church or chapel of another parish
in the same, multi-parish benefice as the parish with which he
or she has a qualifying connection.
24. In both cases, the entitlement to marry in
the church or chapel of the other parish or benefice depends on
the bishop having made a direction to that effect in relation
to the benefice(s) concerned. It remains
in the bishop's discretion as to whether to make such a direction
and - if so - which churches or chapels to specify in the direction.
25. By way of background explanation, historically
each parish comprised a separate benefice, there being one incumbent
(rector or vicar) of the benefice and parish. Benefices are sometimes
held 'in plurality', so that the same priest is the incumbent
of two or more benefices. Where this is the case, the incumbent
holds the benefices in question separately. In practice benefices
held by the same priest in plurality are likely to be neighbouring
benefices and, to varying degrees, to act together in various
ways.
26. As a result
of the union of benefices under schemes for pastoral reorganisation,
there are many cases of benefices that consist of two or more
parishes. (These are referred to as 'multi-parish benefices'.)
Although the parishes remain distinct and continue to have their
own parish churches and their own parishioners, the cure of souls
is committed to a single incumbent for the area of the benefice
as a whole. (The cure of souls is sometimes
shared between the incumbent and 'team vicars' if a team ministry
has been established for the benefice.)
27. Under existing statutory provisions, the
bishop may make directions in respect of benefices held in plurality
and multi-parish benefices as to where parishioners may marry
within the benefice or benefices concerned. New subsection (1)
applies the same power to the case of persons
who have a qualifying connection with a parish belonging to the
benefice, or one of the benefices, concerned.
NEW SUBSECTION(2)
28. New subsection (2) applies existing statutory
provisions that are concerned with the position where a church
is unavailable because it is being rebuilt or repaired to the
case of marriage by virtue of a qualifying connection under the
2008 Measure. It does so by providing that in those circumstances,
banns may be published, and the marriage solemnized, in any building
in which those things could be done under section 18 of the 1949
Act (Publication of banns and solemnization of marriages during
repair and rebuilding of churches).
29. That will mean that where
a person has a qualifying connection with a parish but the parish
church or chapel of that parish is being rebuilt or repaired,
that person will be able to marry (and have banns published) in-
(a) a building within the parish concerned that
has been licensed by the bishop for the performance of divine
service while the parish church or chapel is out of use;
(b) if the bishop has not licensed a building
under (a), any consecrated chapel in the parish as directed by
the bishop; or
(c) if neither (a) nor (b) applies, a church
or chapel of any adjoining parish.
NEW SUBSECTION (3)
30. New subsection (3) applies section 6(3) of
the 1949 Act to the case of marriage by virtue of a qualifying
connection under the 2008 Measure. Section 6(3) of the 1949 Act
deals with the situation where a parish does not have a parish
church or chapel belonging to it, or does not have a church or
chapel in which Sunday services are regularly held. Where that
is the case, the parish is deemed to belong to any adjoining parish.
31. Applying that provision to the case of marriage
by virtue of a qualifying connection will mean that if a person
has a qualifying connection with a parish that has no parish church,
or no church in which Sunday services are regularly held, he or
she will be able to have the banns published, and marry, in the
parish church of any parish that adjoins the parish with which
he or she has the qualifying connection.
NEW SUBSECTION (4)
32. New subsection (4) applies section 29(3)
of the Pastoral Measure 1983 to the case of a marriage by virtue
of a qualifying connection.
33. Section 29 of the Pastoral Measure is concerned
with the position where a parish has no parish church. The bishop
may designate a building (or part of a building) in the parish
as a 'parish centre of worship' . A parish centre of worship is
for certain purposes, including marriage, deemed to be a parish
church.
34. However, section 29(3) allows persons who
have a right to marry in the parish to elect to proceed as if
the building in question had not been designated as a parish centre
of worship and, instead, simply to proceed under section 6(3)
of the 1949 Act on the basis that the parish has no parish church
and marry (and have their banns published in) the parish church
of any adjoining parish.
35. By applying section 29(3) of the Pastoral
Measure to the case of marriage by virtue of a qualifying connection,
new subsection (4) will mean that a person who has a qualifying
connection with a parish which has no parish church will be able
to elect to marry in the parish church of any adjoining parish
even if the parish with which he or she has the qualifying connection
has a parish centre of worship.
Section 1(2)
36. Section 1(2) makes a minor correction to
the drafting of section 1(2) of the 2008 Measure. It is possible
for part of a building (as opposed to whole building) to be designated
as a parish centre of worship. Section 1 (2) accordingly inserts
the words 'or part of a building' into section 1 (2) of the 2008
Measure.
Section 1(3)
37. Section 1(3) inserts the words 'Without prejudice
to subsection (3) above,' at the beginning of section 1(13) of
the 2008 Measure so that it is obvious that section 1(13) (which
makes provision for the situation where parish boundaries have
changed) is additional to, and not in substitution for, the general
provision for qualifying connections made in section 1(3) of the
2008 Measure.
Section 1(4)
38. Section 1(4) inserts a new subsection (13A)
into section 1 of the 2008 Measure.
39. New subsection (13A) makes provision so that
a person may marry in a church which was formerly the parish church
of a parish with which he or she had a qualifying connection but
has since become the parish church of a different parish (as a
result of pastoral reorganisation).
Section 2 -Form and time of publication of banns
40. Section 2(1) provides statutory authority
for the alternative form of words for the publication of banns
of matrimony contained in Common Worship. Section 2(2)(c)
makes a consequential amendment to the 1949 Act.
41. Section 2(2)( a) and (b) amend section 7
of the 1949 Act. The effect of those amendments is that banns
will be published on three Sundays 'during either the principal
service or both the principal service and another service'. This
is instead of 'during morning service or, if there is no morning
service on a Sunday ... , during evening service', as section
7 of the 1949 Act currently requires. The reference to 'the principal
service' reflects the fact that it is no longer necessarily the
case that 'morning service' is the main Sunday church service.
In many churches, an evening service is now the main Sunday service
(even if a morning service is also held). Furthermore, it may
be pastorally more appropriate for the persons whose banns are
to be published to attend a service that is not the principal
service and it is for that reason that the amendment makes it
possible for the banns to be published, additionally, at another
service besides the principal service.
42. The result is that the banns (1) must be
published at the service at which they are likely to receive the
greatest degree of publicity and (2) may additionally be published
at another service (because, for example, to do so would be helpful
pastorally).
43. 'Principal service' is defined in the new
section 7(1A) as 'the service at which, in the opinion of the
clergyman or other person who ... has the responsibility for publishing
banns of matrimony, the greatest number of persons who habitually
attend public worship are likely to attend'. This means that it
is the opinion of the member of the clergy (or other person) who
publishes the banns that determines what is the principal service.
Provided that the banns are published at the service at which
he or she considers the greatest number of habitual worshippers
are likely to attend, the validity of the publication of banns
at that service will not be affected if, in the event, a greater
number of such persons in fact attend another service on the Sunday
in question. Reference has been made to 'persons who habitually
attend public worship' (an expression borrowed from the Church
Representation Rules) to avoid the situation arising where banns
had to be published at a special service such as, for example,
a special scout or guide service which might attract large numbers
of non-regular worshippers on the occasion in question but which
could not be reasonably regarded as being the principal service
in the church on the Sunday in question.
44. New section 7(1B) makes it clear that if
banns are published at another service on a Sunday in addition
to the principal service, both of those occasions are deemed to
be the same time of asking. So, for example, if, on the Sunday
when the banns are first published, they are published at two
different services, the person publishing the banns will say at
both of those services, 'this is the first time of asking'
Section 3 -Citation, commencement and extent
45. Section 3 makes provision for the citation,
commencement and extent of the Measure.
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