More links to issues of legal interest: Part III – Legal Opinions and other guidance

Following the re-launch of the Church of England web site on 15th November 2017, we have posted some “quick links” to pages we considered might be of possible interest to L&RUK readers; further links were obtained from by the Church’s twitter page in which answers were provided to specific queries concerning the revised web site, see below. The former focussed on policy and law, whereas the primarily concern issues which are of relevance to the clergy and members of General Synod.

The Legal Services section of the website now includes Legal Opinions from the General Synod’s Legal Advisory Commission, as well as other formal guidance relating to legislation; those relating to clergy discipline were summarized in our earlier post.

Legal Opinions

New and revised Opinions issued by the Legal Advisory Commission since the preparation of the 2007 edition are available for download from the links below 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)
• Wedding receptions held on church premises (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)
• Parishes with no Churchwardens or Parochial Church Councils (February 2013)
• Baptism and same sex parents (May 2014)
• The use of non-alcoholic wine and gluten-free bread (May 2014)
• The celebration of marriages by Anglican clergy in Nonconformist chapels (October 2014)
• Diocesan boards of finance: conflicts of interest (June 2016)
• Public rights of way over land forming part of a churchyard (October 2016)
• Parochial Church Councils (October 2016)
• Using churches for secular purposes (October 2016)
• Baptism and the consent of parents (February 2017)
• Burial and cremation: funerals in undertakers’ private chapels (February 2017)
• Celebrity marriages in Anglican cathedrals and churches (February 2017)
• Parish music: organists and choirmasters and church musicians (February 2017)
• Delegation of episcopal functions (February 2018)
• Friends’ charities: conflicts of interest (February 2018)
• Non-stipendiary incumbents (January 2019)
• Delegation of Archdeacons’ functions (January 2019)
• Weddings & Funerals – Additional Charges (February 2019)
• Parish Church – Right to Enter (February 2019)
• Collections at funerals and memorial services (June 2019)
• Burial of a portion of a deceased’s body or ashes (June 2019)

A comprehensively revised and updated eighth edition of the Legal Opinions was published by Church House Publishing in 2007 and is available for purchase on their website. 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

Other Guidance