The Care of Churches and Ecclesiastical Jurisdiction Measure 1991

as it has effect in the Isle of Man

This Measure extends to the Isle of Man subject to the modifications made by the Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992. Those modifications have been incorporated in this text. Provisions amending or repealing other enactments are omitted.


Reproduced by permission of the Treasury of the Isle of Man
© Crown copyright reserved
Text as at 30th June 2011


Part I — General principle

1. Duty to have regard to church's purpose

Part II — Care, inspection and accountability

2. Diocesan advisory committees

4. Duties of churchwardens as to recording of information about churches

5. Duties of churchwardens as to fabric etc. of churches

7. Payment of expenses in connection with ruins

Part III — Ecclesiastical jurisdiction

11. General provisions as to faculty jurisdiction

12. Grant of faculties etc.

13. Orders against persons responsible for defaults

14. Delegation to archdeacons of power to grant faculties

15. Consultation with diocesan advisory committees

16. Parties

17. Faculties for demolition of churches

18. Emergency demolition of churches

18B. Power of Legislative Committee to prescribe matters not requiring a faculty

18C. Power of chancellor to make further provision

19. Meaning of "church"

Part IV — Miscellaneous and general

20. Discussion and reporting of faults

21. Deposit of articles in places of safety

22. Power of bishop to remove legal effects of consecration

23. Application of section 22 in relation to Crown land

26. Functions of Legislative Committee

27. Supplementary provisions as to rules

28. General provisions as to orders by bishops

30. Service of notices and orders

31. Interpretation

33. Citation, commencement and extent

Schedule 2 Functions of Diocesan Advisory Committee

GENERAL NOTE Commencement: the Measure was brought into force by the Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 (Appointed Day) Order 1993 (SD 102/93) on 1st April 1993 so far as it relates to the constitution of the diocesan advisory committee, the tenure of office of the chancellor, the establishment of the rule committee and the making of rules of court, and as regards the remainder of the Measure on 1st January 1994.

PART I
GENERAL PRINCIPLE

1. Duty to have regard to church's purpose

Any person or body carrying out functions of care and conservation under this Measure or under any other enactment or rule of law relating to churches shall have due regard to the role of a church as a local centre of worship and mission.

PART II
CARE, INSPECTION AND ACCOUNTABILITY

2. Diocesan advisory committees

(1) In every diocese there shall continue to be an advisory committee for the care of churches, to be known as "the Diocesan Advisory Committee".

(2) For each advisory committee there shall be a written constitution provided by the diocesan synod of the diocese concerned, . . .

(3) The written constitution required by subsection (2) above may include [such provisions] as the diocesan synod considers appropriate —

(a) in connection with its procedure; or

(b) for the establishment of sub-committees and the delegation thereto of any of its functions.

(4) The written constitution required by subsection (2) above shall be provided as soon as practicable and in any event not later than the expiration of the period of three years immediately following the coming into operation of this section.

(5) The advisory committee shall have the functions specified in Schedule 2 to this Measure and such other functions as may be determined by the diocesan synod of the diocese concerned by resolution; and in carrying out its functions the committee and sub-committees (if any) shall have regard to the rites and ceremonies of the Church of England.

(6) Any expenses incurred for the purpose of giving the advisory committee a written constitution under this section and for enabling it to discharge its functions properly and effectively shall be paid by the Diocesan Board of Finance for the diocese concerned:
Provided that a Diocesan Board of Finance shall not be liable for any expenses by virtue of this subsection unless the expenses were approved by the Board before they were incurred.

(7) As soon as practicable after the end of each year the advisory committee shall prepare a report of its work and proceedings during that year and cause it to be laid before the diocesan synod of the diocese concerned; . . .

(8) [Section 10 of the Church Act 1979 (an Act of Tynwald)] shall cease to have effect, but until such time as the advisory committee is given a written constitution under this section it shall continue to be formed and act in accordance with the provisions contained in that section.

NOTE: S.2: words omitted in subss.(2) & (7), and words in square brackets in subss.(3) & (8) substituted, by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.1.

4. Duties of churchwardens as to recording of information about churches

(1) In every parish it shall be the duty of the churchwardens —

(a) to compile and maintain —

(i) a full terrier of all lands appertaining to the church;

(ii) a full inventory of all articles appertaining to the church;

(b) to insert in a log-book maintained for the purpose a full note of all alterations, additions and repairs to, and other events affecting, the church and the lands and articles appertaining thereto and of the location of any other documents relating to such alterations, additions, repairs and events which are not kept with the log-book.

(2) In carrying out their duty under subsection (1) above the churchwardens shall act in consultation with the minister.

(3) The form of the terrier, inventory and log-book shall accord with such recommendations as the [bishop of the diocese concerned] may make.

(4) The churchwardens shall send a copy of the inventory to such person as the bishop of the diocese concerned may designate from time to time for the purpose of this subsection as soon as practicable after it is compiled and shall notify that person of any alterations at such intervals as the bishop may direct from time to time.

(5) This section applies in relation to each church in a parish containing more than one church.

NOTE: S.4: words in square brackets in subs.(3) substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.3.

5. Duties of churchwardens as to fabric etc. of churches

(1) In every parish it shall be the duty of the churchwardens —

(a) at least once in every year, to inspect or cause an inspection to be made of the fabric of the church and all articles appertaining to the church;

(b) in every year, to deliver to the parochial church council and on behalf of that council to the annual parochial church meeting a report (referred to below as "the annual fabric report") on the fabric of the church and all articles appertaining to the church, having regard to the inspection or inspections carried out under paragraph (a) above, including an account of all actions taken or proposed during the previous year for their protection and maintenance and, in particular, for the implementation of any recommendation contained in a report under a scheme made in pursuance of section 1 of the [Church Act 1979 (an Act of Tynwald)].

(2) In carrying out their duty under subsection (1) above the churchwardens shall act in consultation with the minister.

(3) The annual fabric report shall be delivered to the parochial church council at its meeting next before the annual parochial church meeting and, with such amendments as that council may make, to the ensuing annual parochial church meeting.

(4) The churchwardens shall, as soon as practicable after the beginning of each year, produce to the parochial church council the terrier, the inventory and the log-book relating to events occurring in the previous year and such other records as they consider likely to assist the council in discharging its functions in relation to the fabric of the church and articles appertaining to the church.

(5) Any terrier, inventory or log-book produced to the parochial church council in accordance with subsection (4) above shall be accompanied by a statement, signed by the churchwardens, to the effect that the contents thereof are accurate.

(6) This section applies in relation to each church in a parish containing more than one church.

(7) In this section "year" means calendar year.

NOTE: S.5: words in square brackets in subs.(1) substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.4.

7. Payment of expenses in connection with ruins

Any expenses properly incurred by a parochial church council, with the prior approval in writing of the Diocesan Board of Finance for the diocese concerned, for the purpose of implementing a recommendation contained in a report made in respect of a ruin in pursuance of section 1A(b) of the [Church Act 1979 (an Act of Tynwald)] shall be paid by that Board.

NOTE: S.7: words in square brackets substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.6.

PART III
ECCLESIASTICAL JURISDICTION

11. General provisions as to faculty jurisdiction

(1) For the avoidance of doubt and without prejudice to the jurisdiction of consistory courts under any enactment or rule of law, it is hereby declared that the jurisdiction of the consistory court of a diocese applies to all parish churches in the diocese and the churchyards and articles appertaining thereto.

(2) Except as provided by subsection (3) below, a building licensed by the bishop of a diocese after the [extension of this section to the Isle of Man] for public worship according to the rites and ceremonies of the Church of England and all articles appertaining thereto shall be subject to the jurisdiction of the consistory court of the diocese as though the building were a consecrated church.

(3) Where the bishop of a diocese, after consultation with the advisory committee, considers that any building in the diocese so licensed should not be subject to the faculty jurisdiction he may by order direct that subsection (2) above shall not apply to the building.

(4) Where the bishop of a diocese, after consultation with the advisory committee, considers that any article appertaining to a building in the diocese so licensed in respect of which an order under subsection (3) above is in force should be subject to the faculty jurisdiction by reason of its being —

(a) of outstanding architectural, artistic, historical or archaeological value; or

(b) of significant monetary value; or

(c) at special risk of being stolen or damaged,

he may by order direct that the article shall be subject to the jurisdiction of the consistory court of the diocese during such period as may be specified in the order.

(5) Any article in respect of which an order under subsection (4) above is in force shall, during the period specified in the order, be subject to the jurisdiction of the court specified in the order as though it were an article appertaining to a consecrated church.

(6) An order under subsection (3) or (4) above may be varied or revoked by an order made by the bishop of the diocese concerned after consultation with the advisory committee.

(7) An order under this section which has the effect of subjecting an article to the faculty jurisdiction shall not render unlawful any act done before the making of the order nor shall require the issue of faculties confirming such acts. . . .

NOTE: S.11: words in square brackets in subs.(5) substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.10. Subs.(8) omitted by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 s.5.

12. Grant of faculties, etc.

(1) In any proceedings for obtaining a faculty, the court may grant the faculty subject to conditions, including in particular —

(a) a condition requiring the work authorised thereby or any part thereof to be carried out under the supervision of the archdeacon concerned or of any other person nominated by the court in that behalf;

(b) in the case of a faculty authorising the disposal of an article, a condition requiring a specified period to elapse before the disposal takes place.

(2) Where the court grants a faculty to a person other than an archdeacon and considers that the work authorised thereby should be carried out (whether or not by that person), it may also order that, in default of that person carrying out the work, a faculty shall issue to the archdeacon concerned authorising him to carry out the work and, in that event, that the expenses incurred by the archdeacon in carrying out the work be paid by that person.

13. Orders against persons responsible for defaults

(1) Subject to subsection (7) below, if in any proceedings by any person for obtaining a faculty it appears to the court that any other person being a party to the proceedings was responsible wholly or in part for any act or default in consequence of which the proceedings were instituted the court may order the whole or any part of the costs and expenses of the proceedings or consequent thereon, including expenses incurred in carrying out any work authorised by the faculty (so far as such costs and expenses have been occasioned by that act or default), to be paid by the person responsible.

(2) Subject to subsection (7) below, in any such proceedings the court may by way of special citation add as a further party to the proceedings any person alleged to be so responsible or partly responsible and not already a party and notwithstanding that such person resides outside the diocese concerned.

(3) A special citation under subsection (2) above may require the person to whom it is issued to attend the court concerned at such time and place as may be specified in the citation.

(4) Where at any time (whether before or after faculty proceedings have been instituted) it appears to the consistory court of a diocese that a person intends to commit or continue to commit, or cause or permit the commission or continuance of, any act in relation to a church or churchyard in the diocese or any article appertaining to a church in the diocese, being an act which would be unlawful under ecclesiastical law, the court may issue an injunction restraining the first-mentioned person from committing or continuing to commit that act or from causing or permitting the commission or continuance of that act, as the case may be.

(5) Where at any time (whether before or after faculty proceedings have been instituted) it appears to the consistory court of a diocese that a person has committed, or caused or permitted the commission of any act in relation to a church or churchyard in the diocese or any article appertaining to a church in the diocese which was unlawful under ecclesiastical law, the court may make an order (a "restoration order") requiring that person to take such steps as the court may consider necessary, within such time as the court may specify, for the purpose of restoring the position so far as possible to that which existed immediately before the act was committed.

(6) An injunction under subsection (4) above may be issued and a restoration order under subsection (5) above may be made on an application made by the archdeacon concerned or any other person appearing to the court to have a sufficient interest in the matter or of its own motion.

(7) In any proceedings for obtaining a faculty the court shall not make an order under subsection (1) above or issue a special citation under subsection (2) above in respect of any act unless the court is satisfied that the proceedings were instituted less than six years after the act was committed.

(8) The court shall not make a restoration order under subsection (5) above in respect of any act unless the court is satisfied that less than six years have elapsed since the act was committed.

(9) Where proceedings for obtaining a faculty are instituted by an archdeacon or an application for a restoration order under subsection (5) above is made by an archdeacon and any fact relevant to the institution of such proceedings or the making of such an application has been deliberately concealed from him the period of six years mentioned in subsection (7) above or, as the case may be, subsection (8) above, shall not begin to run until the archdeacon has discovered the concealment or could with reasonable diligence have discovered it.

(10) For the purpose of subsection (9) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

(11) Failure to comply without reasonable excuse with any requirement of a special citation or injunction issued, or a restoration order made, under this section by any court shall be a contempt of the court.

14. Powers of archdeacons

(1) [The archdeacon of every archdeaconry in the diocese shall exercise] the jurisdiction of the consistory court of the diocese in such faculty matters relating to the archdeaconry, to such extent and in such manner as may be prescribed.

(2) An archdeacon [who exercises jurisdiction under subsection (1) above] shall have power to grant a faculty in any cause of faculty falling to be considered by him which is unopposed.

(3) Where, in any cause of faculty falling to be considered by an archdeacon—

(a) he declines to grant a faculty; or

(b) he considers that the matter should be dealt with as a matter of urgency without reference to the advisory committee for advice in accordance with section 15(2) below; or

(c) the grant of a faculty is opposed by any person,

he shall cause the matter to be referred to the chancellor of the diocese concerned to be dealt with by him.

(4) A faculty granted by an archdeacon under subsection (2) above shall have effect as if it had been granted by the chancellor of the diocese concerned.

(5) Nothing in this section shall be construed as enabling an archdeacon to—

(a) order any costs or expenses to be paid by any person; or

(b) issue an injunction or make a restoration order against any person; or

(c) grant an interim faculty pending the final determination of the matter;

and where an archdeacon considers that any question arises as to the payment of costs or expenses, the issue of an injunction, the making of a restoration order or the grant of an interim faculty, he shall cause the matter to be referred to the chancellor of the diocese concerned to be dealt with by him.

[(7) Every archdeacon shall have power to grant a licence authorising, without a faculty, the minor re-ordering of a church in his archdeaconry for a temporary period to such extent and in such manner as may be prescribed.

(8) The archdeacon may amend or revoke a licence granted under subsection (7) above.]

NOTE: S.14: omitted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.11; reinstated (except subs.(6)) with effect from 1st July 2010 by Church (Miscellaneous Provisions) Measure (Isle of Man) 2009 s.3. Words in square brackets in subss.(1) & (2) substituted, and subss.(7) & (8) inserted, by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 s.2.

15. Consultation with diocesan advisory committees

(1) The chancellor of a diocese shall seek the advice of the advisory committee before making a final determination in any cause of faculty or issuing a permanent injunction under section 13(4) above or making a restoration order under section 13(5) above, unless the action proposed relates exclusively to exhumation or the reservation of a grave space or he is satisfied that the matter is sufficiently urgent to justify the grant of a faculty or issue of an injunction [or making of a restoration order] without obtaining the committee's advice.

(2) An archdeacon shall seek the advice of the advisory committee before making a final determination in any cause of faculty, unless the action proposed relates exclusively to exhumation or the reservation of a grave space.

(3) In every diocese the secretary to the advisory committee shall compile and maintain a register of all petitions for a faculty referred to the committee for advice under this section, and shall ensure that the register is available for inspection by the public by prior appointment at such place in the diocese as the bishop of the diocese may designate for the purposes of this subsection.

[(4) Rules made under section 26 below may prescribe further circumstances in which, or further matters in respect of which, the duty imposed on a chancellor by subsection (1) above shall not apply.]

NOTE S.15: subs.(2) omitted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.12; reinstated with effect from 1st July 2010 by Church (Miscellaneous Provisions) Measure (Isle of Man) 2009 s.3. Words in square brackets in subs.(1), and subs.(4), inserted by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 s.3.

16. Parties

(1) Proceedings for obtaining a faculty may be instituted by —

(a) the archdeacon of the archdeaconry in which the parish concerned is situated; or

(b) the minister and churchwardens of the parish concerned; or

(c) any other person appearing to the court to have a sufficient interest in the matter.

(2) For the purposes of any proceedings for obtaining a faculty the archdeacon shall be deemed to have an interest as such, and any person whose name is entered on the church electoral roll of the parish concerned but who does not reside therein shall be deemed to have an interest as though he were a parishioner of that parish.

(3) If —

(a) the archdeaconry is vacant; or

(b) the archdeacon is incapacitated by absence or illness from acting; or

(c) in the opinion of the bishop —

(i) the archdeacon is for any other reason unable or unwilling to act; or

(ii) it would be inappropriate for the archdeacon to act,

such other person as the bishop shall appoint in that behalf in writing (either generally or in a particular case) shall have power to act in the place of the archdeacon for the purposes of this Measure or of any other enactment relating to the institution of, or participation in, proceedings in the court.

(4) If the archdeacon or such other person as may be appointed under subsection (3) above institutes or intervenes in any proceedings for obtaining a faculty all costs and expenses properly incurred by him or which he is ordered by the court to pay shall be paid by the Diocesan Board of Finance for the diocese concerned:
Provided that a Diocesan Board of Finance shall not be liable for any sum by virtue of this subsection unless the institution of proceedings or intervention is approved by the bishop of the diocese concerned in writing after consultation with the Board and, if such approval is duly given, any order in the proceedings that the costs or expenses of the archdeacon or other appointed person be paid by any other party may be enforced by the Board in the name of the archdeacon or other appointed person.

(5) Anything done under or for the purposes of section 9 of the 1964 Measure and having effect immediately before the [extension of this section to the Isle of Man] shall continue to have effect and be deemed to have been done under or for the purposes of this section.

>NOTE: S.16: words in square brackets in subs.(5) substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.13.

17. Faculties for demolition of churches

(1) A court shall not grant a faculty for the demolition or partial demolition of a church, except as provided in this section.

(2) Subject to subsection (4) below, a court may grant a faculty for the demolition of the whole or part of a church if it is satisfied that another church or part of a church will be erected on the site or curtilage of the church or part of a church in question, or on part of the site or curtilage, to take the place of the church or part of a church.

(3) Subject to subsection (4) below, a court may grant a faculty for the demolition of part of a church if it is satisfied that -

(a) the part of the church left standing will be used for the public worship of the Church of England for a substantial period after the demolition, or

(b) the demolition is necessary for the purpose of the repair or alteration of the church or the reconstruction of the part to be demolished.

(4) The court shall not grant a faculty under subsection (2) or (3)(a) above unless the person bringing proceedings for the faculty has obtained the written consent of the bishop of the diocese concerned to the proceedings being brought.

(5) For the purposes of this section, "partial demolition" and cognate expressions -

(a) mean removal of such part of a church as would, in the opinion of the court, significantly affect its external appearance, and

(b) do not include the destruction or removal of minor or ancillary structures forming part of the building.


NOTE S.17 substituted by Church of England (Miscellaneous Provisions) Measure 2014 s.13(2).


18. Emergency demolition of churches

(1) Without prejudice to the powers exercisable under any rule of law by diocesan chancellors at the [extension of this section to the Isle of Man], where the chancellor of a diocese is satisfied—

[(a) that the demolition of the whole or part of a church in the diocese is urgently necessary in the interests of safety or health or for the preservation of the church;] and

(b) . . .

(i) that it is not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter; and

(ii) that the works to be carried out are limited to the minimum measures immediately necessary,

he may by an instrument under his hand authorise the carrying out of the demolition . . . .

(2) An instrument under subsection (1) above —

(a) may require the person to whom it is issued (subject to his obtaining any necessary faculty) to carry out such works for the restoration of the church following its demolition or partial demolition as may be specified in the instrument;

(b) in the case of partial demolition of a church which is [registered in the Protected Buildings Register] or is in a conservation area, shall require the person to whom it is issued, as soon as practicable after the works have been carried out, to give to the [Department of Infrastructure] notice in writing describing the works carried out.

(3) Where the chancellor of a diocese issues an instrument under subsection (1) above he shall send a copy of the instrument to the [said Department].

NOTE: S.18: subs.(1): para.(a) substituted and words omitted by Church of England (Miscellaneous Provisions) Measure 2014 s.14(3); words in square brackets in subss.(2) & (3) substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.15; subs.(2)(b) amended by Transfer of Functions (Nedw Departments) (No.2) Order 2010 art.6(4).

[18B Power of Legislative Committee to prescribe matters not requiring a faculty

(1) Rules made under section 26(1) below may prescribe matters within the jurisdiction of a consistory court which may be undertaken without a faculty; but this is subject to subsection (7) below.

(2) The rules may prescribe conditions which may be imposed on the undertaking of such matters; and different conditions may be prescribed in relation to different matters.

(3) The conditions may in particular include—

(a) a condition that the archdeacon is consulted on the proposal to undertake the matter and that it may be undertaken without a faculty only if the archdeacon gives notice in writing that it may be undertaken without a faculty, and

(b) a condition that, if the archdeacon gives notice as mentioned in paragraph (a) above, the archdeacon may make the undertaking of the matter subject to such additional conditions as he may specify in the notice.

(4) Where the archdeacon is consulted as mentioned in subsection (3)(a) above, the rules may require him to seek the advice of the advisory committee or such of its members or officers as he thinks fit before deciding whether to give notice as mentioned in subsection (3)(a) above.

(5) Where the archdeacon decides not to give notice as mentioned in subsection (3)(a) above –

(a) the decision must be recorded in writing, and

(b) the matter in question may not be undertaken without a faculty.

(6) Where the archdeacon is the incumbent or priest in charge of the benefice where it is proposed to undertake the matter, references to the archdeacon in subsections (3) to (5) above are to be construed as references to the chancellor.

(7) Subsection (1) above does not apply to any of the following matters—

(a) any works which involve alteration to or the extension of a listed building to such an extent as would be likely to affect its character as a building of special architectural or historic interest;

(b) any works which are likely to affect the archaeological importance of a building or any archaeological remains within a building or its curtilage; . . .

(d) any works which involve extension, demolition or partial demolition of a building, or the erection of a new building;

(e) any matter which gives rise to a question of law or of doctrine, ritual or ceremonial or which would, if undertaken, affect the legal rights of any person;

(f) the exhumation or other disturbance of human remains; . . .

(h) the sale or other disposal of any article of architectural, archaeological, artistic or historic interest;

[(i) the sale of any book comprised in a library within the diocese of Sodor and Man where the consent of the consistory court to such sale was necessary before the passing of the Church Act 1969 (an Act of Tynwald);]

(j) the introduction of an aumbry or any other receptacle used for the reservation of the sacrament of Holy Communion; or

(k) the introduction of, or the carrying out of any work to, a monument of the kind referred to in section 3 of the Faculty Jurisdiction Measure 1964.

(8) The reference in subsection (7)(e) above to a matter affecting the legal rights of a person does not include a reference to the grant of a licence for the grazing of a churchyard by livestock.

(9) Any question as to whether a particular matter is, or is not, a matter that is prescribed by virtue of subsection (1) above is to be determined by the consistory court of the diocese concerned.

(10) The definition of "partial demolition" that applies for the purposes of section 17 in relation to a church applies for the purposes of this section in relation to any building.]

S.18B inserted by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 s.5. Subs.(7)c) & (g) omitted, and subs.(7)(i) substituted, by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure (Isle of Man) 2016 Sch.1 para.4.

[18C Power of chancellor to make further provision

(1) The chancellor of a diocese may by order provide that any matter specified in the order may be undertaken without a faculty (in addition to the matters that are prescribed by virtue of section 18B(1) above).

(2) An order under subsection (1) above—

(a) may specify a matter only if it could be prescribed by the [Legislative Committee] by virtue of section 18B(1) above;

(b) may specify such conditions as may be prescribed by virtue of section 18B(2) above;

(c) may apply to the whole or a specified part of the diocese.

(3) Where the chancellor of a diocese considers that there are special circumstances affecting a parish or church, churchyard or other building or place in the diocese which justify doing so, he may by order provide that a matter specified in the order may not be undertaken without a faculty even though it is a matter that is prescribed by virtue of section 18B(1) above.

(4) The chancellor of a diocese shall seek the advice of the advisory committee before making an order under subsection (1) or (3) above, unless he is satisfied that the matter is sufficiently urgent to justify the making of an order without obtaining the committee's advice.

(5) The chancellor of a diocese shall send every order made by him under subsection (1) or (3) above to the registrar of the diocese; and the registrar shall register any order so made in the diocesan registry.

(6) Where an order is made under subsection (3) above, the registrar shall serve a copy of the order on—

(a) the minister and churchwardens of any parish affected by the order,

(b) the archdeacon of every archdeaconry in which a parish affected by the order is situated, and

(c) the secretary of the advisory committee.

(7) Any churchwardens on whom a copy of an order is served under subsection (6) above shall—

(a) keep it with the inventory, and

(b) insert a copy of it in the log-book.

(8) The chancellor of a diocese may by order vary or revoke an order made under subsection (1) or (3) above in relation to the diocese; and a reference in this section to such an order includes a reference to an order varying or revoking such an order.]

S.18C inserted by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 s.5. Words in square brackets in subs/(2)(a) substituted by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure (Isle of Man) 2016 Sch.1 para.4.

19. Meaning of "church"

In this Part, unless the context otherwise requires, "church" includes any 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.

PART IV
MISCELLANEOUS AND GENERAL

20. Discussion and reporting of defaults

If it appears to an archdeacon that —

(a) anything has been done in a parish in his archdeaconry which ought not to have been done without a faculty; or

(b) anything which ought to have been done in connection with the care of any church in his archdeaconry or any article appertaining to any such church has not been done,

he may convene an extraordinary meeting of the parochial church council, or an extraordinary parochial church meeting, of the parish concerned for the purpose of discussing the matter, and shall either take the chair himself or shall appoint a chairman to preside. The chairman, not being otherwise entitled to attend such meeting, shall not be entitled to vote upon any resolution before the meeting.

21. Deposit of articles in places of safety

(1) If it appears to an archdeacon that any article appertaining to a church in his archdeaconry, being an article which he considers to be of architectural, artistic, historical or archaeological value, is exposed to danger of loss or damage and ought to be removed to a place of safety, he may subject to subsection (2) below order that the article in question shall be removed from the church and deposited in such place of safety as may be specified in the order.

(2) Unless the archdeacon is of the opinion that the article in question should be removed to a place of safety immediately, he shall notify the churchwardens and any other person having custody of the article and the parochial church council and advisory committee of the facts as they appear to the archdeacon and inform them that he will consider any written representations made to him by any of them before a date specified in the notice being a date not less than twenty-eight days after service of the notice; and in that event the archdeacon shall not make an order under this section before that date and shall before making such an order consider any representations duly made to him under this subsection.

(3) Where the archdeacon makes an order under this section without giving the advisory committee an opportunity to make representations to him in connection with the making of the order, he shall, as soon as practicable after the removal of the article in question to a place of safety, notify the committee of the removal.

(4) An order under this section shall be in such form as may be prescribed and shall be directed to, and served on, the churchwardens and any other person having custody of the article in question.

(5) If any person on whom an order made by an archdeacon under this section is served refuses or fails to comply with the order, the archdeacon may apply to the consistory court of the diocese in which the article in question is for an order that that person shall deliver the article to the place of safety specified in the order made by the archdeacon, and the court, if satisfied that that order was made in accordance with the provisions of this section, may make an order accordingly.

(6) Where an order is made by an archdeacon under this section the archdeacon shall, within twenty-eight days after the removal of the article in question to a place of safety, apply to the consistory court of the diocese concerned for a faculty authorising the retention of the article in the place of safety.

[(7) In this section "article" does not include any register or record to which the Church Records Measure (Isle of Man) 2000 applies.]

NOTE: S.21: subs.(7) substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.16 as amended by Church Records Measure (Isle of Man) 2000 s.32(2)(a).

22. Power of bishop to remove legal effects of consecration

(1) Where the bishop of a diocese, on the application of the archdeacon of an archdeaconry in the diocese in respect of any building or land in the archdeaconry which is subject to the legal effects of consecration, is satisfied that —

(a) the building or land is not held or controlled by any ecclesiastical corporation (that is to say, any corporation in the Church of England, whether sole or aggregate, which is established for spiritual purposes)[, by the churchwardens of any parish jointly with any such corporation] or by any Diocesan Board of Finance; and

(b) no purpose will be served by its remaining subject to the legal effects of consecration,

he may by order direct that the building or land or part of the building or land shall not be subject to the legal effects of consecration.

(2) Subject to subsection (3) below, an order under subsection (1) above may impose such conditions and requirements as the bishop thinks fit as to —

(a) the preservation or disposal of any human remains believed to be buried in or beneath any building affected by the order or in any land so affected and of any tombstones, monuments or memorials commemorating the deceased persons; and

(b) the maintenance of orderly behaviour in or on the building or land so affected; and for the purposes of paragraph (a) above such an order may apply to the building or land such provisions of section 65 of and Schedule 6 to the 1983 Measure as may be specified in the order subject to such modifications and adaptations as may be so specified.

(3) A condition or requirement as to a matter falling within paragraph (a) of subsection (2) above shall not be imposed by an order under subsection (1) above except with the consent of the [Department of Infrastructure].

(4) Where an order is made under subsection (1) above in respect of any building or land then —

(a) the building or land shall not be subject to the legal effects of consecration; and

(b) in particular, the jurisdiction of any court or person with respect to the granting of faculties shall cease to extend to the building or land.

(5) Any conditions or requirements imposed under subsection (2) above shall be enforceable[, subject to section 29 (registration of encumbrances) of the Registration of Deeds Act 1961 (an Act of Tynwald) and to the provisions of the Land Registration Act 1982 (an Act of Tynwald),] as if the archdeacon of the archdeaconry in which the building or land affected is situated was the owner of adjacent land and the conditions or requirements were negative covenants expressed to be entered into for the benefit of that adjacent land.

[(5A) For the purposes of section 11(1) of the said Act of 1961 the archdeacon shall be deemed to be a person legally or beneficially interested in the building or land affected; and for the purposes of the said Act of 1982 a condition or requirement shall be treated as falling within Part I of Schedule 6 (registrable burdens) to that Act.]

(6) For the purposes of subsection (5) above the enforcement of a condition or requirement shall be deemed to be for the benefit of the archdeacon concerned.

[(7) Section 1 of the Conveyancing Act 1983 (an Act of Tynwald) (which enables the court to discharge or modify restrictions affecting land) shall not apply in relation to conditions and requirements imposed under subsection (2) above.]

NOTE: S.22: subs.(5A) inserted, subs.(7) substituted, words in square brackets in subss.(1), (3) & (5) inserted or substituted, and subs.(8) omitted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.17; subs.(3) amended by Transfer of Functions (Nedw Departments) (No.2) Order 2010 art.6(4).

23. Application of section 22 in relation to Crown land

(1) Subject to subsection (2) below, section 22 above shall apply in relation to Crown land and to buildings situated on Crown land as it applies to other land and buildings.

(2) A condition or requirement as to a matter falling within paragraph (b) of subsection (2) of section 22 above shall not be imposed by an order under subsection (1) of that section relating to Crown land or a building situated on Crown land except with the consent of the appropriate authority.

(3) For the purposes of subsection (2) above any land which is used for the purposes of the Church of England and which will become Crown land on ceasing to be so used or on the exercise of a right of re-entry shall be treated as Crown land.

[(4) In this section —

"the appropriate authority" means —

(a) in relation to Crown land vested in or managed by a Department or Statutory Board or a government department of the United Kingdom, that Department, Board or department;

(b) in relation to any other Crown land, the Governor in Council;

and, if any question arises as to what authority is the appropriate authority in relation to any land or building, that question shall be referred to the Governor in Council, whose decision shall be final;

"Crown land" means land in which there is an interest belonging to or held in trust for Her Majesty;

"Department", "the Governor in Council" and "Statutory Board" have the meanings given by the Interpretation Act 1976 (an Act of Tynwald).]

NOTE: S.23: subs.(4) substituted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.18.

26. Functions of Legislative Committee

(1) The [Legislative Committee of the Sodor and Man Diocesan Synod] may make rules for carrying into effect the provisions of —

(a) this Measure;

(b) the 1963 Measure;

(c) the 1964 Measure;

[(d) the Incumbents (Pastoral Breakdown) Measure (Isle of Man) 1996;]

[(f)] the Clergy Discipline Measure 2003];

[(g) Schedule 4 to the Pastoral Measure 1983.]

(hereafter referred to in this section as "the relevant provisions").

(2) Rules made under subsection (1) above may in particular (so far as the same are not regulated by the relevant provisions or by rules made under section 4 of the [Church of England (Legal Aid) Measure 1994]) make provision for —

(a) regulating the procedure and practice [in the Isle of Man] (including the mode and burden of proof and admissibility of evidence) of all courts, [disciplinary tribunals, commissions, committees and examiners provided for in the 1963 Measure . . . or the Clergy Discipline Measure 2003]; . . .

(c) the appointment and duties of officers of the said courts, [disciplinary tribunals,] commissions and committees;

[(cc)the procedure and practice where complaints are referred to registrars under section 11 of the Clergy Discipline Measure 2003;]

(d) the time within which any act required or permitted to be performed by the relevant provisions is to be performed;

(e) matters relating to the appointment of authorised complainants and prosecutors in connection with proceedings or contemplated proceedings under the relevant provisions;

(f) the forms of complaint instituting proceedings under the relevant provisions and of any answers to be made thereto;

(g) all other forms and notices required in connection with the relevant provisions;

(h) the mode of effecting service of complaints, articles or other documents including provision for substituted service;

(i) the fixing of the time and place of any hearing or trial and for notifying the parties thereof;

(j) the passing of censures and the forms of certificates of findings;

(k) matters relating to costs, fees and expenses in respect of any proceedings under the relevant provisions;

(l) enabling evidence to be obtained of compliance with the relevant provisions; and

(m) any matter which may be prescribed by virtue of the relevant provisions.

(3) The [Legislative Committee] may also make rules containing provision —

(a) for enabling a parochial church council, after consultation with the advisory committee of the diocese concerned, to deposit (without a faculty) moveable articles appertaining to a church in the parish concerned for safekeeping in places approved for the purpose by such persons as may be specified in the rules, subject to such requirements, terms and conditions as may be so specified or as may be determined by persons so specified; . . .

(c) for the safekeeping, care, inspection and preservation of books and other documents (not being register books [to which the Parish Registers Act 1849 (an Act of Tynwald) applies]) which, in the opinion of such person as may be specified in the rules, are of historic interest to the Church of England, including provision for the appointment of persons with duties in that respect.

[(4) Rules made under this section may provide that the rules made under this section as it has effect in England shall have effect in the Isle of Man subject to such modifications as may be prescribed.]

NOTE: S.26: subs.(1) amended by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.21 (as substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 2009 Sch.3 para.2(b)); para.(cc) inserted by Clergy Discipline Measure 2003 s.45(2)(c); para.(d) substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 2009 Sch.3 para.2(b)) (as amended by Incumbents (Pastoral Breakdown) Measure (Isle of Man) 1996 Sch.2 para.1); para.(f) inserted by Clergy Discipline Measure 2003 s.45(1); para.(g) inserted by Ecclesiastical Offices (Terms of Service) Measure 2009 Sch.1 para.22 (nb. Pastoral Measure 1983 replaced by Mission and Pastoral Measure (Isle of Man) 2012 as from 1.1.13); words in subss.(2) & (3) omitted, words in square brackets in subs.(2) inserted or substituted, and subs.(4) inserted, by 1992 Measure, ib.; subs.(2): words in square brackets substituted or inserted by 2005 Measure, ib.; subs.(3): words in square brackets substituted, and para.(b) omitted, by 1992 Measure para.21 (as substituted by 2009 Measure Sch.3 para.2(c)).
Rules under this section: Ecclesiastical Jurisdiction Rules (Isle of Man) 1995 (SD 459/95), Clergy Discipline Rules (Isle of Man) 2005 (SD 855/05), Incumbents (Pastoral Breakdown) Rules 2005 (SD 856 /05), Clergy Discipline Appeal Rules (Isle of Man) 2006 (SD 908/06), Faculty Jurisdiction Rules (Isle of Man) 2010 (SD 330/10), Faculty Jurisdiction (Injunctions and Restoration Orders) Rules (Isle of Man) 2012 (SD 306/12).

27. Supplementary provisions as to rules

(1) Any rule made under —

(a) section 65 of the 1963 Measure; or

(b) section 14 of the 1964 Measure; or . . .

being a rule in force immediately before the coming into force of this section, shall continue in force and be deemed to have been made under section 26 above.

[(2) Any rules made under section 26 above shall not have effect unless they are approved by the Sodor and Man Diocesan Synod, and shall be laid before Tynwald as soon as may be after they are so approved.] . . .

NOTE: S.27: subs.(2) substituted, and subss.(3) & (4) and words in subs.(1) omitted, by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.22.

28. General provisions as to orders by bishops

The bishop of a diocese shall send every order made by him under this Measure to the registrar of the diocese and the registrar shall register any order so made in the diocesan registry.

30. Service of notices and orders

(1) Any notice, order or other document required or authorised by this Measure to be served on or sent or given to any person may be served, sent or given by delivering it to him, or by leaving it at his proper address, or by post.

(2) For the purposes of this section and of section 7 of the Interpretation Act 1978 the proper address of the person on or to whom any such notice, order or other document is required or authorised to be served, sent or given shall be the last known address of that person.

31. Interpretation

(1) In this Measure, unless the context otherwise requires —

"the 1963 Measure" means the Ecclesiastical Jurisdiction Measure 1963;

"the 1964 Measure" means the Faculty Jurisdiction Measure 1964;

"the 1983 Measure" means the Pastoral Measure 1983; . . .

"advisory committee" in relation to a diocese or archdeaconry means the Diocesan Advisory Committee of the diocese or of the diocese in which the archdeaconry is situated, as the case may be;

"article" includes part of an article and any thing affixed to land or a building;

"building" includes any structure or erection, and any part of a building as so defined; . . .

"conservation area" has the same meaning as in the [Town and Country Planning Act [1999] (an Act of Tynwald)]; . . .

["Diocesan Board of Finance" means the Sodor and Man Diocesan Board of Finance;] . . .

"inventory" means the inventory maintained under section 4(1) above;

"land" includes buildings; . . .

"log-book" means the log-book maintained under section 4(1) above;

"minister", in relation to a parish, means —

(a) in a case where a special cure of souls in respect of the parish has been assigned to a vicar in a team ministry by a scheme under the 1983 Measure or by his licence from the bishop, that vicar;

(b) in any other case —

(i) the incumbent of the benefice comprising the parish; or

(ii) a curate licensed to the charge of the parish or a minister acting as priest-in-charge of the parish, where rights of presentation are suspended; . . .

["parish" means an ecclesiastical parish;] . . .

"place of worship" includes the curtilage of a place of worship;

"prescribed" means prescribed by rules made under section 26 above;

["Protected Buildings Register" means the register maintained under [section 14 of the Town and Country Planning Act 1999] (an Act of Tynwald);]

"terrier" means the terrier maintained under section 4(1) above.

(2) In Parts I, II and IV of this Measure "church" means —

(a) any parish church;

(b) any other church or chapel [(not being a church or chapel which is not subject to the jurisdiction of the bishop of the diocese)] which has been consecrated for the purpose of public worship according to the rites and ceremonies of the Church of England; and

(c) any building licensed for public worship according to the rites and ceremonies of the Church of England other than —

(i) a building which is in a university, college, school, hospital or public or charitable institution but which has not been designated under section 29(2) of the 1983 Measure as a parish centre of worship;

(ii) a building which has been excluded from the provisions of Parts II and IV of this Measure by direction of the bishop of the diocese concerned with the approval of the advisory committee; and

(iii) a building used solely for the purpose of religious services relating to burial or cremation.

(3) In this Measure references to work authorised by a faculty shall be construed as including a reference to work ordered by a faculty.

[(4) In relation to a church or building in a district assigned to a chapel under the Church Representation Rules, references in this Measure to the parochial church council or a parochial church meeting of the parish concerned are to the parochial church council or a parochial church meeting of that district.

(4A) References in this Measure to any provision of a Measure (including this Measure) are to that provision as it has effect in the Isle of Man.]

(5) Any reference in any enactment to an advisory committee for the care of churches appointed under [section 10 of the Church Act 1979 (an Act of Tynwald)] shall be construed as including a committee constituted under section 2 above.

(6) Nothing in this Measure shall be construed as prejudicing or affecting the provisions of [any enactment relating to ancient monuments or town and country planning].

NOTE: S.31: words in subs.(1) omitted, subs.(4) and words in square brackets in subss.(1), (2), (3), (5) & (6) substituted, and subs.(4A) inserted, by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.24; modifications of subs.(1) amended by Town and Country Planning Act 1999 Sch.9 para.10(2) and Church (Miscellaneous Provisions) Measure (Isle of Man) 2009 Sch.3 para.2

33. Citation, commencement and extent

(1) This Measure may be cited as the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. . . .

NOTE: S.33: subss.(2) & (3) omitted by Care of Churches and Ecclesiastical Jurisdiction Measure (Isle of Man) 1992 Sch. para.25.

SCHEDULE 2
FUNCTIONS OF DIOCESAN ADVISORY COMMITTEE

1. The functions of a Diocesan Advisory Committee shall be —

(a) to act as an advisory body on matters affecting places of worship in the diocese and, in particular, to give advice when requested by any of the persons specified in paragraph 2 below on matters relating to —

(i) the grant of faculties;

(ii) the architecture, archaeology, art and history of places of worship;

(iii) the use, care, planning, design and redundancy of places of worship;

(iv) the use and care of the contents of such places;

(v) the use and care of churchyards and burial grounds;

(b) to review and assess the degree of risk to materials, or of loss to archaeological or historic remains or records, arising from any proposals relating to the conservation, repair or alteration of places of worship, churchyards and burial grounds and the contents of such places;

(c) to develop and maintain a repository of records relating to the conservation, repair and alteration of places of worship, churchyards and burial grounds and other material (including inspection reports, inventories, technical information and photographs) relating to the work of the committee;

(d) to issue guidance for the preparation and storage of such records;

(e) to make recommendations as to the circumstances when the preparation of such a record should be made a condition of a faculty;

(f) to take action to encourage the care and appreciation of places of worship, churchyards and burial grounds and the contents of such places, and for that purpose to publicise methods of conservation, repair, construction, adaptation and redevelopment;

(g) to perform such other functions as may be assigned to the committee by any enactment, by any Canon of the Church of England or by resolution of the diocesan synod or as the committee may be requested to perform by the bishop or chancellor of the diocese.

2. The persons referred to in paragraph 1(a) above are —

(a) the bishop of the diocese;

(b) the chancellor of the diocese;

(c) the archdeacons of the diocese;

(d) the parochial church councils in the diocese;

(e) intending applicants for faculties in the diocese;

(f) [the Church Commissioners for the Isle of Man];

(g) persons engaged in the planning, design or building of new places of worship in the diocese, not being places within the jurisdiction of the consistory court;

(h) such other persons as the committee may consider appropriate.

NOTE: Schedule 2: reference to Church Commissioners in para.2(f) substituted for reference to pastoral committee by Church Act 1992 s.7(3).


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