Pastoral matters - procedural and administrative
This page explains the work of the Pastoral
Division of the Church Commissioners and diocesan colleagues
involved in pastoral work
New arrangements for pastoral care are given legal effect under
the Mission and Pastoral Measure 2011 by Schemes made by the
Commissioners (Pastoral Schemes) or by Orders made by the bishop
(Pastoral Orders). Sections 31-54 of the Measure cover the matters
which may be dealt with by a Scheme while s.51 lists more minor
matters which may be dealt with by an Order. S.17 of the Measure
enables all matters capable of being dealt with by an Order to be
dealt with by the diocese under a simplified procedure if all the
interested parties agree in writing.
Part 7 of the 2011 Measure includes provisions for Bishops'
Mission Orders (under S.80) which bishops can use to endorse and
provide oversight of mission initiatives.
Please note two important changes brought about by the
Mission and Pastoral Measure 2011:
(i) under S.7(2) of the 2011 Measure, in matters where no church
building is proposed for closure, the DMPC secretary must send
a copy of the Bishop's signed proposals to the registered patrons
of the affected benefices. This will additionally, where
appropriate, trigger restriction of presentation under S.87(1)
and s.87(3) - this principle also applies in connection with a
proposed church closure matter under S.22(2) of the Measure which
additionally contains matters provided for in sections 31, 32, 34,
35 and/or 36; and
(ii) under S.6(4) of the 2011 Measure (or S.21(3) where a church
building closure is being proposed), any person holding office
under Common Tenure whose current office will cease to exist should
the matter proceed to completion and who is entitled to
receive a remuneration (can be stipend; stipend + accommodation; or
just accommodation) is deemed to be an interested party and must
have any draft Pastoral Scheme or Pastoral Church Buildings Scheme
served on them accordingly. However, under the provision of s.39(3)
of the Mission and Pastoral Measure 2011 it is mandatory for a
Pastoral Scheme which would have the effect of causing any
ecclesiastical office held under Common Tenure to cease to exist to
include the provision in delaying the coming into effect of the
Scheme for up to six months after it is made. Please
therefore treat all
persons on Common Tenure (irrespective of whether they are in
receipt of remuneration) as an interested party as a matter of good
practice.
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The pastoral work falls into the two following main
categories:
(1) Pastoral Church Buildings Schemes
(a) In any proposals involving the closure of a church building,
the Commissioners will draft and publish the Scheme (i.e. where,
for example, there is an union of benefices and parishes, and a
proposed declaration of closure for regular public worship of a
church building, the Commissioners will be the ones drafting
and publishing the draft Schemes).
(b) Local Planning Authorities are now only statutory interested
parties in matters involving a church building closure. In addition
Civil Parish Councils must now also be consulted in such instances
(or, where there is no parish council, the chairman of the parish
meeting). Additionally, as a matter of good practice, the
Commissioners will also ask the diocese to provide them with
details of the ward councillors of any parish in which any such
church building is located, in order to also serve notices on
them;
AND
(2) Pastoral Schemes and Orders
Diocesan colleagues will be drafting and publishing the
statutory notices for draft Schemes and Orders, but only after any such draft
has been approved by the Commissioners. They will also be
circulating the completed Schemes, Orders and Instruments to the
interested parties including anyone with an interest in a
particular matter, e.g. a non-stipendiary minister looking after
any of the affected parishes; representors.
The Commissioners will need to approve any draft Scheme or Order
before it is published to the statutory interested parties.
Representations will need to be made to the Commissioners,
with the Commissioners' Pastoral Committee adjudicating on
them.
Anything that is capable of being achieved via a Pastoral Order
can also be dealt with under a section 17 shortened procedure
Order, subject to all the interested parties giving, or being
deemed to have given, their consent (those not responding to formal
notice of what is proposed are deemed to have consented).
To the right of this page are links to the various
documents prepared by the Commissioners to enable diocesan
colleagues to undertake their roles in connection with the
preparation, publication and circulation of Pastoral Schemes and
Orders. All of them, apart from the Desktop Manual which contains
references to legal opinions provided to the Commissioners by their
legal advisors, can be opened without a password. Diocesan
colleagues will have access to the Desktop Manual via a restricted
password that will be supplied to them by the staff of the
Pastoral Division of the Commissioners.
The Pastoral Desktop Manual can be accessed here (password required).
Examples of draft proposals and s17 Orders to be used when
drafting your proposals can be found under 'Resources' on the
righ-hand side of this page. Appendix 1 of the Pastoral Desktop
Manual contains skeleton draft Schemes and Orders.
Step
1
When sending in draft Schemes or Orders to the Commissioners for
approval, the supporting documentation must include:
- the signed Bishop's proposals
- Form P2
- Form P2A
The Commissioners' approval to the draft will have a covering
letter explaining what happens next. A Form P2B will be sent
electronically at that stage by the case officer here, indicating
the Commissioners' approval date of the draft Scheme/Order. This
form will effectively be a 'Progress and Action' sheet on the
matter thereon in.
Step
2
When publishing draft Schemes or Orders to the interested
parties (having got the Bishop's - Form P60, and, if applicable,
the Crown's (Form P24 - where the Crown has a patronage interest in
any of the affected benefices) and parsonages' colleagues approval
- Form P61DPB) the processes are now the same in that there is a
legal requirement for PCC secretaries to display details of the
draft Scheme or Order at every church and licensed place of worship
in the affected parishes (previously not required for a draft
Order). Pack A relates to the standard letters used in the
publication of the draft Scheme to the statutory interested
parties, whilst Pack B relates to ones used with draft Orders.
Pack A, to be sent by the diocese to all the
interested parties will include:
- the draft Scheme
- P1000 - the statutory notice letter (contact us if it is an
amend & re-issue)
- P74 - glossary of terms commonly used in pastoral
reorganisation matters
Additionally, to the PCC secretaries:
- P72A - details on what needs to be done with the notices - "the
yellow form"
- P76 - church door notice (CDN) - "the blue form"
- sufficient copies of the draft Scheme to display at all the
churches and licensed places of worship as listed in your Form
P76
- P77 - proof that the CDN was displayed as requested - "the
green form"
At this stage you will need to send to the Bishop (only) letter
P1000BP asking for his signature on the engrossment x 2 - he also
gets a copy of the draft Scheme and letter P1000.
Pack B, to be sent by the diocese to all the
interested parties will consist of:
- the draft Order
- P1001 - the statutory notice letter (contact us if it is an
amend & re-issue)
- P74 - glossary of terms commonly used in pastoral
reorganisation matters
Additionally, to the PCC secretaries:
- P72A - details on what needs to be done with the notices - "the
yellow form"
- P76 - church door notice (CDN) - "the blue form"
- sufficient copies of the draft Order to display at all the
churches and licensed places of worship as listed in your Form
P76
- P77 - proof that the CDN was displayed as requested - "the
green form"
Where the Scheme involves the removal of the legal effects of
consecration from part or all of a churchyard or burial ground, you
must also get the specific section 44 notice published in one
or more newspapers as required to cover all of the
area(s) affected by the proposals using letters P75 and P76C.
Step
3
The completed Form P2B will need to be submitted to the
Commissioners at the end of the representation period before they
will make a Scheme, or give their consent to an Order being
made
BUT
If the Commissioners receive any adverse representations
they will notify the diocese and implement the procedure for
considering the representations.
Step
4
P106 is the covering letter used to send the completed Scheme
and any Instrument to the interested parties and any others with an
interest in the matter (with Form P108 being used in the case of a
completed Order).
Please get in touch with your usual contact at the
Commissioners (please click here for their
details) should you have any queries on the new
procedures.
If you have a general enquiry or comments about these
web pages please contact Fiona McKenzie.