The full agenda for the meeting of the General Synod of the Church of England 5th – 8th July 2013 is published here, and copies of the papers on the issues discussed here.  Summaries and analyses of the debates are have been posted by Thinking Anglicans and others.  This post highlights specific legal issues that were discussed, although it should be noted that some of these are “work in progress”, and the sometimes Delphic nature of the reporting precludes a more detailed analysis at this stage.

Faculty Jurisdiction

A review of the faculty jurisdiction was one of the areas addressed by the Simplification Group of the Archbishop’s Council in GS 1048, which includes:

(i) the establishment of an agreed national list of minor works;

(ii) the establishment of an agreed national list of routine works which will require advice from the DAC and the approval of the Archdeacon, but do not need to go through the full faculty procedure;

(iii) a more streamlined application process from early advice stage through to the formal Petition with a more disciplined time frame for routine applications;

(iv) a move to an online form with a printed paper version available for those who are unable to access a computer;

(v) expanding the use of Statements of Significance accompanied by a Basic Information Form which will be stored electronically to build up a data base in each diocese, thus eliminating the need for repetition in future applications; and

(vi) a much shorter and more streamlined Petition Form.

The Synod considered the Faculty Jurisdictions Rules 2013, GS1887, and the associated Explanatory Note.  These incorporate a number of the above recommendations, and do not need primary legislation.  Synod agreed an amendment clarifying the nature of financial gifts to PCCs and approved the amended Rules which will come into force on 1 January 2014.

Draft Church of England (Miscellaneous Provisions) Measure

At the 2012 General Synod, the Dean of the Arches and Auditor, Rt Worshipful Charles George noted [at page 85] that whilst “Miscellaneous Provisions Measures” are an essential way of progressing, they were “the bane of lawyers because it is extremely difficult to establish what the law is”.  He made the observation, which is equally applicable to the present Miscellaneous Provisions:

“I doubt that any of the lawyers in General Synod would profess to familiarity with more than one or two of the Measures which it is proposed to amend, and I suspect that there is no one outside Legal Office in Church House who is familiar with them all. It is quite beyond the resources of members of this Synod to find the relevant volumes of Halsbury’s Statutes to check the draughtsmanship”

Quite so.  The present rag-bag of changes in GS 1866A includes amendments to:

–  Ecclesiastical Commissioners Act 1840

–  Burial Act 1857

–  Episcopal Endowments and Stipends Measure 1943

–  Church Commissioners Measure 1947

–  Parochial Church Councils (Powers) Measure 1956

–  Ecclesiastical Jurisdiction Measure 1963

–  Faculty Jurisdiction Measure 1964

–  Overseas and Other Clergy (Ministry and Ordination) Measure 1967

–  Synodical Government Measure 1969

–  Endowments and Glebe Measure 1976

–  Incumbents (Vacation of Benefices) Measure 1977

–  Patronage (Benefices) Measure 1986

–  Care of Churches and Ecclesiastical Jurisdiction Measure 1991

–  Cathedrals Measure 1999

–  Tenure of office of vicars general and surrogates

–  Dioceses, Pastoral and Mission Measure 2007

–  Power for chancellor to determine fees

–  Power for General Cemetery Company to dispose of whole or part of Kensal Green Cemetery

–  Provisions relating to Christ Church, Oxford

as well as some minor and consequential amendments.  Synod debated these and Draft Amending Canon No. 31, GS 1877A, and taking note of the report of the Revision Committee,  GS 1866Y-1877Y, considered the draft Measure and the draft Amending Canon clause by clause. A number of amendments consequential on earlier changes were accepted and the legislation now stands committed to the Steering Committee for final drafting.

We will discuss the proposed modifications to section 25 Burial 1875 in more detail when details of Synod’s amendments are published.

Safeguarding

Synod debated the important issue of safeguarding and voted to acknowledge and apologize for past failures.  Synod also endorsed the proposed work on legislative and non-legislative changes with a view to tighten procedures, identified as a result of the Chichester Commissaries interim and final safeguarding reports, GS 1896.  Furthermore, the House of  Bishops and Archbishops’ Council have agreed to undertake a consultation on the proposed legislation over the course of the summer, with a view obtaining Final Approval during the present Quinquennium [1]. The proposed legislative measures include:

–  Removal of the 12 month limitation period for the bringing of complaints under the Clergy Discipline Measure 2003 in sexual abuse cases

–  Extending the bishop’s power of suspension under the CDM

–  Amending canon law so that clergy can be required to undergo risk assessments

–  Preventing prohibited and suspended clergy from robing

–  Extending the circumstances in which churchwardens and PCC members can be suspended and/or disqualified from holding office

–  Amending Canon C 8 – Of Ministers exercising their ministry.

Changes to the legislative framework already been approved by Synod are:

–  An amendment to the Code of Practice under the CDM to clarify when a complaint can be made under the Measure notwithstanding an acquittal in criminal proceedings; and

–  An amendment to the Clergy Discipline Rules made under the CDM so that victims will be able to withhold their contact details from respondents when making complaints