Further queries and comments – October

More answers to readers’ queries and comments

Below is a further compilation of “Quick Answers” to questions which have arisen from searches of L&RUK, or comments of posts during September; links are provided to our blog posts addressing these issues. As before, the topics covered do not necessarily represent our most-read blogs but reflect the current interests of readers accessing the site on (mostly) contemporary issues.

Question Quick Answer L&RUK Answer
Re St. Peter Welford-on-Avon Re St. Peter Welford-on-Avon [2016] ECC Glo 1
GDPR church electoral roll GDPR and the Church Electoral Roll, (180515). Parishes and the “GDPR”, (180511)
register a non viable foetus There is no provision to allow the registration of stillbirths before the 24th week of pregnancy. House of Commons Briefing Paper Registration of stillbirth, (180201).
Scottish laws on exorcism There is little published which is specific to Scotland.  Exorcism, “witchcraft” and religious abuse, (160919). 
Scottish law regarding ashes Burial and Cremation (Scotland) Act 2016
charity law on the Isle of Man See Charities at gov.im Isle of Man: Charity Consultation, (180911). 
church bell ringing rules Canon F 8 Of church bells. Church bells and the law: complexities and uncertainties on church bells, (180213).
can a church removed from the charity commission operate without registration A church can continue to function as a church, but without benefits of registration as a charity.
Statute of praemunire Bishops: from announcement to installation, (160820). Boris, Brexit and Bishops, (181002).

Case law related queries

Question Quick Answer L&RUK Answer
Mceleny v MOD Scottish independence as a protected philosophical belief? McEleny, (180807)
employment contracts for imams Is an imam an employee? – Hasan v Redcoat Community Centre, (130804)
lachiri v Belgium Hijabs again: Lachiri v Belgium, (180918).
Akhter: legal consequences of an unregistered nikah ceremony, (180803).

Q&A on other areas of ecclesiastical law

Fr Z: ASK FATHER Summaries of Fr Z’s more detailed responses are given below.

  • Is a Communion plate or paten a “sacred vessel”? Quick answer, possibly.
  • Sacraments and time travel. Specifically, what if someone were to be transported to a time before Christ and outside of Judaic influence? If the time-traveller were a priest, would he be able to administer the sacraments and say Mass? Would he have an obligation to preach the risen Christ, or act more like a prophet?

To which Fr Z responds: “Finally, something important to write about!”

“Canon Law Made Easy, Cathy Caridi

  • Sex abuse scandals and Papal Responsibility This post discusses the position of the Catholic faithful vis-à-vis recent scandals and whether the laity have a role in removing from office those concerned.
  • Sex Abuse Scandals Transparency and the Right to a Good Reputation Q – In a previous article you stated that under canon law we all have the right to privacy and a good reputation. I’m having a hard time reconciling these rights with the need for transparency in the Church regarding sexual abuse by the clergy. Doesn’t preserving and abusive priest’s “good reputation” mean covering up his misdeeds? … Everyone is outraged because bishops have long been sweeping sexual abuse under the rug,, but if bishops are required to protect the good name of their priests, can’t they cover up and then argue that they were just following canon law?

A – No, and no. < a more detailed explanation is given in the post >

Links to sources of frequently sought data

For those for whom the architecture of the Church of England’s revised web site is still problematic, we have posted some quick links to areas of potential interest to ecclesiastical lawyers (and clergy), here, (law & policy); here, (clergy and General Synod) and here, (legal opinions and other guidance).

Unless marked §, the questions are the search terms used, verbatim; questions arising externally to the blog, (twitter/other), are marked the dates in parentheses are in the format (yymmdd). As stated in our General Terms and Conditions, at L&RUK we do not give legal advice, or purport to do 

1 thought on “Further queries and comments – October

  1. I didn’t understand the time question, As the Almighty is infinite, time has no meaning. Christ the man may have existed for a finite time but the Trinity is one. Thus the ‘time’ of historical events is irrelevant.

    Geoffrey Hartwell

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