Legal opinions and other guidance

GUIDANCE

Banns of marriage:

Legal changes to the procedure for publishing banns of marriage

Marriage of persons from outside the EEA:

House of Bishops guidance on the marriage of persons from outside the European Economic Area

United Kingdom Border Agency guidance for Clergy

Hours for the solemnization of marriages in the Church of England:

Hours for the solemnization of marriages in the Church of England - the effect of the repeal of section 4 of the Marriage Act 1949

The exercise of the Crown's sede vacante patronage:

Section 2 of the Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010 and the whole of the Crown Benefices (Parish Representatives) Measure 2010 came into force on 1st January 2011. The former made changes to the way in which the Crown's sede vacante patronage (i.e the patronage which normally belongs to the bishop but which passes to the Crown during a vacancy in see) is exercised. The latter provides for PCCs of Crown benefices to appoint parish representatives whose approval must be sought before the Crown may present a priest for institution. Guidance on the operation of those provisions can be found here.

Chancel repair liability:

Neither the Legal Office nor the Church Commissioners is a central authority for the purposes of establishing chancel repair liability. Answers to some frequently asked questions are available here, and further information in the form of a National Archives Information leaflet is available here. See also the Legal Advisory Commission's Opinion on enforcement of chancel repair liability by PCCs below.

LEGAL OPINIONS

The Legal Advisory Commision

The Legal Advisory Commission of the General Synod of the Church of England exists to give advice on non-contentious legal matters of general interest to the Church which are referred to it by the Synod or one of its Houses, by any of the National Church Institutions, by the Church's legal officers (diocesan registrars and chancellors) and by other officers such as archdeacons and diocesan secretaries. From time to time the Commission's advice has been published in consolidated form as the Legal Opinions Concerning the Church of England, which have established themselves as authoritative in the various areas of ecclesiastical law they cover.

A comprehensively revised and updated eighth edition of the Legal Opinions was published by Church House Publishing in 2007 and is available for purchase here. Subjects of new or significantly revised Opinions include:

  • the clergy and confidentiality
  • appointment of non-stipendiary ministers as incumbents
  • consecration of sites for 'green' burials
  • ownership of tombstones and monuments in churchyards
  • disturbances during services in cathedrals
  • legal responsibilities of PCC members

New and revised Opinions issued by the Legal Advisory Commission since the preparation of the 2007 edition are available for download from the links on the right side of this page as follows:

  • maintenance of monuments in closed churchyards (January 2007)
  • revocation of presentation by patron and refusal of presentee by bishop (January 2007)
  • parish churches and fire safety (October 2007)
  • marriage - flowers and timing (October 2007)
  • enforcement of chancel repair liability by PCCs (October 2007)
  • ringing of church bells and liability for nuisance (revised October 2008)
  • seeking the consent of the DBF to the sale of PCC property (March 2009)
  • ordinands: requirement of confirmation (March 2009)
  • parishes with no churchwardens or PCCs (March 2011)
  • wedding receptions held on church premises (March 2011)
  • the use of fermented wine from which the alcohol has been removed (March 2011)
  • Holy Communion: administration of the Sacrament (September 2011)
  • liability of members of diocesan advisory committee and of members of church buildings council (April 2012)
  • collections at funerals and memorial services (June 2012)
  • PCC: legal position of members (January 2013)
  • churchyards: liability for personal injury accidents (January 2013)