DIOCESE OF LICHFIELD INSTRUMENT OF DELEGATION OF EPISCOPAL FUNCTIONS TO AREA BISHOPS
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1 DIOCESE OF LICHFIELD INSTRUMENT OF DELEGATION OF EPISCOPAL FUNCTIONS TO AREA BISHOPS At the meeting of the Diocesan Synod of the Diocese on [xx] day of March 2017 it was resolved that This Synod consents to the renewal by the Bishop of Lichfield of the Diocese of Lichfield (Delegation of Episcopal Functions) Instrument 2015 under the Dioceses Pastoral and Mission Measure 2007 for a period of one year. Citation, commencement and continuation 1. This Instrument may be cited as the Diocese of Lichfield (Delegation of Episcopal Functions) Instrument It shall come into operation on on the expiration of the Diocese of Lichfield (Delegation of Episcopal Functions) Instrument It shall continue to have effect for the period of 12 months. 4. The Bishop of the Diocese or a subsequent Bishop of the Diocese may, with the approval required by section 13(8) of the Dioceses, Pastoral and Mission Measure 2007 ( the Measure ), renew the effect of this Instrument with effect from the expiry of the period mentioned in paragraph 3 by a further Instrument under his hand. 5. Where the effect of this Instrument is renewed by a further Instrument under paragraph 4, paragraph 3 shall apply, in relation to this Instrument as renewed, in respect of the Bishop who made the further Instrument, and paragraph 4 shall apply in respect of his successor. 6. If a Suffragan Bishop ceases to hold office this Instrument shall continue to have effect after that Bishop ceases to hold office (with the substitution for that Bishop of his successor). 7. The Bishop of the diocese may, with the approval required by section 13(8) of the Measure, renew the effect of this Instrument, with the substitution of the successor Bishop for the Suffragan Bishop who has ceased to hold office, with effect from the expiry of the period mentioned in paragraph 6 by a further Instrument under his hand. 8. Where the effect of this Instrument is renewed by a further Instrument under paragraph 7, paragraph 6 shall apply, in relation to this Instrument as renewed, in respect of the successor of the Suffragan Bishop who has ceased to hold office and the reference in paragraph 7 to the successor shall apply as if it were a reference to the next successor. Interpretation 9. The following definitions apply for the purposes of this Instrument
2 the Diocese means the Diocese of Lichfield; Suffragran Bishop means each of the Suffragan Bishops of the Sees of Shrewsbury Stafford and Wolverhampton within the Diocese; the Area Bishop means, in relation to any Episcopal Area, the Suffragan Bishop to whom functions are delegated in respect of that Episcopal Area; the Shrewsbury Episcopal Area means the area of the diocese comprised in the archdeaconry of Salop; the Stafford Episcopal Area means the area of the diocese comprised in the archdeaconry of Stoke; the Wolverhampton Episcopal Area means the area of the diocese comprised in the archdeaconries of Lichfield and of Walsall; Episcopal Area shall be construed as meaning all each or any of the Shrewsbury Stafford and Wolverhampton Episcopal Areas as the context shall require functions includes powers and duties; the Specified Functions means the functions specified in Schedule Subject to paragraphs 11 and 12, a reference to the Bishop of a particular Suffragan See is a reference to the Bishop holding that See at the time when this Instrument comes into operation or, if the see is vacant at that time, to the first holder of that See after this Instrument comes into operation. 11. Where paragraph 6 applies, the reference is to the successor of the Suffragan Bishop who has ceased to hold office. 12. Where this Instrument has been renewed by a further instrument under paragraph 7, the reference is to the successor in respect of whom that paragraph applies. Episcopal oversight and exercise of functions 13. The Episcopal oversight of the Diocese will be exercised across the whole of the Diocese by the Bishop of Lichfield and will be distributed and shared between the Bishop of Lichfield and the Area Bishops of the Shrewsbury Episcopal Area the Stafford Episcopal Area and the Wolverhampton Episcopal Area in accordance with this Instrument. Delegation of functions 14. The Specified Functions in respect of the Shrewsbury Episcopal Area are delegated to the Suffragan Bishop of the Shrewsbury Episcopal Area. 15. The Specified Functions in respect of the Stafford Episcopal Area are delegated to the Suffragan Bishop of the Stafford Episcopal Area. 16. The Specified Functions in respect of the Wolverhampton Episcopal Area are delegated to the Suffragan Bishop of the Wolverhampton Episcopal Area. 17. An Area Bishop to whom functions are delegated in respect of an Episcopal Area may, at the request of another Area Bishop, discharge Specified Functions in the episcopal area of that other Area Bishop (without prejudice to the ability of the Diocesan Bishop to discharge those functions or otherwise to provide for their discharge under this Instrument). 18. Where there is no Area Bishop in respect of an Episcopal Area as a result of a suffragan see being vacant, the Area Bishop of any other Episcopal Area may, at the request of the Bishop of Lichfield, discharge all or any of the Specified Functions in respect of the Episcopal Area which is without an Area Bishop. 19. Any Area Bishop of the Diocese may exercise the functions of the Bishop of Lichfield whether or not formally reserved to the Bishop of Lichfield hereunder or any particular function if the Bishop of Lichfield specifically directs the Area Bishop to exercise the functions either generally or during a specified period or if the Bishop of Lichfield is absent or is incapacitated through illness or disability. The Bishop of Lichfield may also direct in respect of a particular function that the function be exercised either by himself or by another Area Bishop than the one to whom the power is delegated under this Instrument (whether the function is a Specified
3 Function or not). Where this power is exercised in respect of a function ordinarily and particularly pertaining to an Episcopal Area the Bishop of Lichfield shall where practicable consult the Area Bishop of the Episcopal Area concerned before exercising the power. 20. The Diocesan Bishop may after consultation with the Area Bishops direct that any of the functions comprised in Schedule 1 which he regards as being of diocesan wide relevance be exercised either by himself or by a particular Area Bishop throughout the Diocese in place of any Area Bishop by whom they would otherwise be exercised. Clergy Discipline Measure 21. Any Area Bishop of the Diocese may exercise the functions of the Bishop of Lichfield under the Clergy Discipline Measure 2003 (irrespective of whether the matter relates to a clerk beneficed licensed or resident in the Episcopal Area of which the suffragan is Area Bishop) but only if the Area Bishop is specifically requested by the Bishop of Lichfield to exercise those functions either generally during a particular period or in respect of a particular matter. Functions not delegated 22. The functions specified in Schedule 2, and any other functions not specified in Schedule 1, are not the subject of delegation under this Instrument and will be exercised by the Bishop of Lichfield unless they are otherwise delegated by him or their exercise is committed by him to a Commissary. AS WITNESS our hand this [xx] day of March 2017 Bishop of Lichfield
4 SCHEDULE 1 The Specified Functions delegated to the Area Bishops In respect of person in ministry 1. Admission to Holy Orders (conditional on authority being given by the Bishop of Lichfield) 2. Functions under the Patronage (Benefices) Measure 1986 and under the Benefices Act 1898 (conditional on the Diocesan Bishop specifically authorising the Area Bishop to exercise the function in relation to a particular benefice) other than institution or collation and other than functions of the bishop of the diocese as registered patron of benefices 3. Institution and collation to benefices of persons who last held a licence or benefice or were permitted to officiate within the Diocese of Lichfield (in the case of collations : conditional if the See of Lichfield is filled on the Bishop of Lichfield specifically authorising the Area Bishop to exercise the function in relation to a particular benefice). 4. Functions relating to the suspension of the right of presentation to benefices. 5. Grants and revocations of licences to minister or to perform particular offices. 6. Grants of licences to engage in secular occupations. 7. Granting licences for non-residence. 8. Receipt and acceptance of resignations. 9. Giving or arranging pastoral support for clergy who are the subject of proceedings under the Clergy Discipline Measure Authorisations for continuance in office of incumbents and team vicars under section 3(2) of the Ecclesiastical Offices (Age Limits) Measure 1975 (conditional if the See of Lichfield is filled on consultation with the Bishop of Lichfield before action is taken). In respect of lay persons 11. Functions of the bishop under the Churchwardens Measure Admission to office, and grants and revocations of licences to, deaconesses, lay workers and readers. 13. Issue of authorisations to lay persons to officiate at services, preach or to distribute Holy Communion in accordance with the applicable canons. 14. Conduct of confirmations (conditional if the See of Lichfield is filled on consultation with the Bishop of Lichfield before action is taken). 15. Dealing with requests to receive into Communion members of other Churches in accordance with Canon Law In respect of forms of service and vesture 16. Approving forms of service in accordance with the applicable canons. 17. Determination of questions arising in connection with the use of forms of service (whether occasional or otherwise) or of variations made by ministers in forms of service, in accordance with the applicable canons. 18. Issue of directions as to the services which are to be held, or are not required to be held, in churches that are not parish churches, or in buildings licensed for public worship, in accordance with the applicable canons. 19. Authorisations to ministers to dispense with the holding of services of Holy Communion Morning and Evening Prayer in parish churches or parish centres of worship, in accordance with the applicable canons. 20. Functions under the Church of England (Ecumenical Relations) Measure 1988 and Canons B43 and B44
5 21. Determination of disputes as to change in the form of vesture in use in a church or chapel in accordance with the applicable canons. In respect of buildings and burial grounds 22. Consecration of churches churchyards and burial grounds. 23. Licensing buildings (or parts of buildings) for public worship and the revocation of such licences. 24. Designation of buildings (or parts of buildings) as parish centres of worship, and revocation of such designations. 25. Licensing of public chapels, naval military and air force chapels, and chapels of extraparochial places, for the publication of banns and the solemnization of marriages. 26. Directing that buildings licensed for public worship shall be subject to the jurisdiction of the consistory court of the diocese and revoking such orders; under the Care of Churches and Ecclesiastical Jurisdiction Measure Giving directions as to the observation of canonical provisions as to the use of churches and chapels for plays, concerts or exhibitions of films or pictures. In respect of mission parishes and benefices and miscellaneous 28. Giving consents to the creation or dissolution of conventional districts. 29. Giving consents under the Parsonages Measure 1938 (conditional if the See of Lichfield is filled on consultation with the Bishop of Lichfield before action is taken). 30. Giving authorisation when required for the disposal or other dealing with parish property including real property 31. Functions arising in relation to vacancies in benefices. 32. Powers and functions under the Mission and Pastoral Measure Functions under rule 53(1) of the Church Representation Rules (conditional if the See of Lichfield is filled on consultation with the Bishop of Lichfield before action is taken) 34. Functions under the Parochial Registers and Records Measure 1978.
6 SCHEDULE 2 Functions which are not the subject of delegation under this Instrument In respect of clergy 1. Examination and sponsorship for selection, and for training, for Holy Orders 2. Functions under any Canon made under section 9(2) of the Clergy (Ordination and Miscellaneous Provisions) Measure 1964 section 2 of the Priests (Ordination of Women Measure Functions under the Ecclesiastical Jurisdiction Measure 1963 and the Clergy Discipline Measure 2003 save to the extent set out in paragraph 23 of the Instrument. 4. Functions under the Clerical Disabilities Act 1870 and the Clerical Disabilities (Amendment) Measure Functions under the Incumbents (Vacation of Benefices) Measures 1977 and The function of appointing and determining whether appointments should be made in respect of Area Bishops Assistant Bishops Archdeacons and Residentiary Canons Lay Canons and Prebendaries. 7. The Institution and Collation of persons to offices under benefice or licence who have not last held benefice licence or permission to officiate within the Diocese 8. The granting or revocation of permission to officiate within the Diocese 9. The function of appointing rural deans 10. Functions under the Diocesan Stipends Fund Measure In respect of lay persons 11. Functions, including giving orders and directions, in relation to the admission of notorious offenders to Holy Communion. 12. The preparation of advice and directions in relation to baptism and confirmation, the marriage of unbaptized persons and advice concerning the marriage of divorced persons 13. The admission of young persons to Holy Communion 14. Granting marriage licences. Generally 15. The function of appointing the chancellor of the diocese and the diocesan registrar and functions relating to the appointment of their respective deputies. 16. Holding episcopal visitations. 17. The Presidency of the Diocesan Synod 18. Holding of any ex-officio membership of any committee or body 19. The function of appointing chairpersons to Diocesan Boards Councils and Committees and of nominating persons to such bodies 20. Functions relating to pastoral schemes and pastoral orders and decisions as to the suspension of the right of presentation to benefices (and renewal and lifting thereof) under the Mission and Pastoral Measure Functions under the Benefices Act Functions under the Parsonages Measures 1938 and Approving holy days to be observed locally. 24. Functions relating to the disposal of contents of churches which are to be demolished or appropriated to secular use. 25. Responsibility for making and supervising the implementation of policies relating to the safeguarding of children and vulnerable adults.
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