The Statute Law (Repeals) Measure 2018 (2018 No. 1) is a measure of the General Synod of the Church of England that repealed enactments of ecclesiastical law which were no longer of practical utility.
The measure was the first general repeals exercise directed at ecclesiastical legislation since the Statute Law (Repeals) Act 2004, which had repealed over 40 ecclesiastical enactments on the recommendation of the Law Commission. It was one of five measures taken through the House of Lords by the Bishop of Rochester on 22 March 2018.
Provisions Repealed enactments Section 1 of the measure repealed 60 enactments and revoked 2 instruments, listed in parts 1 to 9 of the schedule to the measure.
Part 1: Clergy +Part 1 — ClergyCitationShort titleExtent of repeal26 Hen. 8. c. 14Suffragan Bishops Act 1534Section 5.31 Eliz. 1. c. 6Simony Act 1588Sections 4 and 5 in so far as they impose a penalty by reference to the value of an ecclesiastical living.1 Geo. 1. St. 2. c. 10Queen Anne's Bounty Act 1714The whole act.6 & 7 Will. 4. c. 77Ecclesiastical Commissioners Act 1836The whole act.1 & 2 Vict. c. 30Sodor and Man Act 1838The whole act.3 & 4 Vict. c. 113Ecclesiastical Commissioners Act 1840Section 35.4 & 5 Vict. c. 39Ecclesiastical Commissioners Act 1841Section 12.7 & 8 Vict. c. 59Lecturers and Parish Clerks Act 1844Sections 1 and 4.16 & 17 Vict. c. 49Colonial Bishops Act 1853The whole act.1976 No. 3Church of England (Miscellaneous Provisions) Measure 1976In section 1— (a) in subsection (1), the words from “, and in particular” to the end, and (b) subsection (6).In the Schedule, Part 1.1978 No. 1Dioceses Measure 1978Section 18(1).
Part 2: Benefices +Part 2 — BeneficesCitationShort titleExtent of repeal or revocationMain repeals1 & 2 Vict. c. 106Pluralities Act 1838The whole act, except— (a) section 36, (b) section 59, (c) in section 124, the words from “where the term “benefice” is used” to the end, (d) section 132, and (e) section 133.4 & 5 Vict. c. 39Ecclesiastical Commissioners Act 1841Section 24.32 & 33 Vict. c. 109Residence of Incumbents Act 1869The whole act.34 & 35 Vict. c. 45Sequestration Act 1871The whole act.48 & 49 Vict. c. 54Pluralities Acts Amendment Act 1885The whole act.Consequential repeals61 & 62 Vict. c. 48Benefices Act 1898Section 13(2).1963 No. 1Ecclesiastical Jurisdiction Measure 1963Section 6(1)(d).1986 No. 3Patronage (Benefices) Measure 1986In Schedule 4, paragraph 1 and the preceding cross-heading.SI 2005/3129Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005In Schedule 3, paragraph 1(3).SI 2010/2847Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010In Schedule 2, paragraphs 1 to 11 and the preceding cross-heading.
Part 3: Ecclesiastical property +Part 3 — Ecclesiastical propertyCitationShort titleExtent of repealMain repeals28 Hen. 8. c. 11Tithe Act 1536The whole act.3 Geo. 4. c. 72Church Building Act 1822The whole act.2 & 3 Will. 4. c. 80Ecclesiastical Corporations Act 1832The whole act.6 & 7 Will. 4. c. 20Ecclesiastical Leases Act 1836The whole act.6 & 7 Will. 4. c. 64Ecclesiastical Leases (Amendment) Act 1836The whole act.3 & 4 Vict. c. 113Ecclesiastical Commissioners Act 1840Sections 54 and 55.5 & 6 Vict. c. 26Ecclesiastical Houses of Residence Act 1842The whole act, except in section 8 the words from the beginning to “in land or otherwise”.5 & 6 Vict. c. 108Ecclesiastical Leasing Act 1842The whole act.21 & 22 Vict. c. 57Ecclesiastical Leasing Act 1858The whole act.28 & 29 Vict. c. 57Ecclesiastical Leases Act 1865The whole act.29 & 30 Vict. c. 111Ecclesiastical Commissioners Act 1866Section 17.26 Geo. 5 & 1 Edw. 8. No. 5Ecclesiastical Commissioners (Powers) Measure 1936Sections 6 and 11.Consequential repeals10 & 11 Geo. 6. c. 48Agriculture Act 1947Section 82(2).14 & 15 Geo. 6. c. 39Common Informers Act 1951In the Schedule, the entry for the Ecclesiastical Leases Act 1836.1964 c. 51Universities and College Estates Act 1964Section 1(1).1965 c. 2Administration of Justice Act 1965In Schedule 1, the entry for the Ecclesiastical Houses of Residence Act 1842.1982 c. 53Administration of Justice Act 1982Section 46(2)(a)(ii).1999 No. 1Cathedrals Measure 1999In section 36(2)— (a) the entry for the Ecclesiastical Leases Act 1836, and (b) the entry for the Ecclesiastical Leases (Amendment) Act 1836.2005 c. 4Constitutional Reform Act 2005In Schedule 4, paragraphs 10 to 12 and the preceding cross-heading.In Schedule 11, paragraph 8 and the preceding cross-heading.2011 c. 25Charities Act 2011In section 105— (a) in subsection (7), paragraph (a) and the following “or”, and (b) in subsection (8), “other than the Ecclesiastical Leases Act 1836,”.
Part 4: Ecclesiastical jurisdiction and fees +Part 4 — Ecclesiastical jurisdiction and feesCitationShort titleExtent of repealMain repeals1963 No. 1Ecclesiastical Jurisdiction Measure 1963In section 46(1), the words from “Provided that” to the end.1976 No. 2Ecclesiastical Judges and Legal Officers Measure 1976Section 1(3).Section 6.1986 No. 2Ecclesiastical Fees Measure 1986In Schedule 2, paragraphs 2 to 4.1994 No. 3Church of England (Legal Aid) Measure 1994Section 5.Consequential repeal1999 No. 2Care of Places of Worship Measure 1999Section 3(3).
Part 5: Church representation +Part 5 — Church representationCitationShort titleExtent of repealMain repeals1 & 2 Geo. 6. No. 3Parsonages Measure 1938Section 12.3 & 4 Eliz. 2. No. 1Inspection of Churches Measure 1955Section 4.1986 No. 2Ecclesiastical Fees Measure 1986In Schedule 1— (a) in paragraph 1, “or, if there is no parochial church council, the incumbent or minister”, and (b) in paragraph 2(a), “(if any)”.1992 No. 1Church of England (Miscellaneous Provisions) Measure 1992Section 4(2).2001 No. 1Churchwardens Measure 2001Section 14.Schedule 1.2011 No. 3Mission and Pastoral Measure 2011Section 68(10).In section 103— (a) subsection (1), and (b) in subsection (4), “or a particular parish had no parochial church council or no churchwardens,”.Consequential repeals1999 No. 2Care of Places of Worship Measure 1999In section 3(4), “, 4”.2005 No. 3Church of England (Miscellaneous Provisions) Measure 2005In Schedule 1, paragraph 7.
Part 6: Services +Part 6 — ServicesCitationShort titleExtent of repeal1972 No. 1Admission to Holy Communion Measure 1972The whole measure.
Part 7: Church Commissioners +Part 7 — Church CommissionersCitationShort titleExtent of repeal3 & 4 Vict. c. 113Ecclesiastical Commissioners Act 1840Sections 84, 86 and 88.23 & 24 Vict. c. 124Ecclesiastical Commissioners Act 1860Section 13.In section 14, the words from “; but this enactment” to the end.2000 No. 1Church of England (Miscellaneous Provisions) Measure 2000Section 1.
Part 8: Education, &c. +Part 8 — Education, &c.CitationShort titleExtent of repeal7 Ann. c. 14Parochial Libraries Act 1708Sections 4 and 5.1991 No. 2Diocesan Boards of Education Measure 1991Section 12.
Part 9: Cathedrals +Part 9 — CathedralsCitationShort titleExtent of repeal1976 No. 1Cathedrals Measure 1976Section 8.1999 No. 1Cathedrals Measure 1999In section 38— (a) subsections (1) to (3), and (b) in subsection (4), the words from “and any order” to “a cathedral” and the words “or 15(2)” and “, respectively”.Schedule 1.
Subsequent developments Section 1 of, and the schedule to, the measure were brought into force on 1 July 2018 by the Statute Law (Repeals) Measure 2018 (Commencement) Order 2018 (SI 2018/718), made jointly by the Archbishop of Canterbury and the Archbishop of York under section 2(3) of the measure.
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