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CHURCH OF ENGLAND: ORDINATION OF WOMEN MEASURES _______________
Lodged au Greffe on 19th May 1998 by the Legislation Committee
______________________________
STATES OF JERSEY
STATES GREFFE
175 1 9 9 8 P . 1 0 5
Price code: B
PROPOSITION
THE STATES are asked to decide whether they are of opinion -
to request the Bailiff to inform the Secretary of State that it is the wish of the Assembly that the draft Women Priests
(Channel Islands) Order 1998, which would have the effect of applying to Jersey the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993, be applied to Jersey.
LEGISLATION COMMITTEE
Report
The draft Scheme attached to this Proposition has been prepared by the Bishop of Winchester in pursuance of the arrangements provided for in the Channel Islands (Church Legislation) Measures 1931 and 1957, so as to extend to the Channel Islands the following United Kingdom church legislation -
T h e Pr ie sts (Ordination of Women) Measure 1993; and
T h e O rd ination of Women (Financial Provisions) Measure 1993.
The legislation represented a compromise which, on the one hand, provided for the ordination of women priests but, on the other hand, provided safeguards for those in the Church who had theological objections to the ordination of women.
If implemented, the draft Scheme would permit -
(a ) th e Bishop of Winchester to ordain women priests in the Bailiwick of Jersey;
(b ) e cclesiastical parishes in the Bailiwick to decide (by resolutions taken at congregational meetings) not to
accept a woman to officiate at Holy Communion or to pronounce Absolution or as its incumbent or priest in charge. In the absence of such a resolution, a woman would be able to be so appointed (albeit that a subsequent congregational meeting could rescind such a resolution).
The draft Scheme would also permit any person in ecclesiastical service in the Bailiwick who resigned because of the ordination of women to receive the same relief of hardship as would apply in the United Kingdom.
The only significant difference proposed by the draft Scheme from the position in the United Kingdom is the proposal that decisions of ecclesiastical parishes not to accept a woman to officiate at Holy Communion or pronounce Absolution or as its incumbent or priest in charge are to be by resolution of congregational meetings. Congregational meetings are meetings of persons on the Island's Church Electoral Roll for each ecclesiastical parish. In the United Kingdom such decisions are taken by parochial church councils but these do not exist in Jersey.
The main provisions for congregational meetings contained in the Scheme are as follows -
(1 ) C ongregational meetings may pass resolutions (which a subsequent congregational meeting may rescind) -
( a ) n o t to accept a woman as the minister who presides at or celebrates the Holy Communion or
pronounces Absolution in the parish (but not if the minister or any assistant curate for the parish is a woman);
(b ) n o t to ac cept a woman as incumbent or priest in charge of the parish.
(2 ) C ongregational meetings must be called by the minister or, during a vacancy or because of the minister's
incapacity, the Churchwardens if one-sixth of the persons entitled to attend call for a meeting.
(3 ) C ongregational meetings must be attended by one-third of the persons entitled to attend. The Jersey Deanery Synod has approved the draft Scheme.
The Legislation Committee notes that the draft Scheme would have the effect, as regards the ordination of women, of bringing the Bailiwick of Jersey into line with the position as it has been in the United Kingdom since 1993.
The Legislation Committee therefore brings to the States the accompanying proposition to acquiesce in the draft Scheme prepared by the Bishop of Winchester in pursuance of the Channel Islands (Church Legislation) Measures 1931 and 1957, for applying the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 to the Channel Islands. A similar proposition is presently before the States of Guernsey.
APPENDIX
THE WOMEN PRIESTS (CHANNEL ISLANDS) ORDER 1998
Made 1 9 9 8 Coming into operation 1 9 9 8
At the Court at Buckingham Palace ____________
the d a y o f 1 9 9 8
____________
PRESENT
The Queen's Most Excellent Majesty in Council ____________
W H E REAS the Bishop of Winchester has, in accordance with the Schedule to the Channel Islands (Church Legislation) Measure 1931, as amended by section 2 of the Channel Islands (Church Legislation) Measure 1931
(Amendment) Measure 1957, settled the Scheme set out in the Schedule to this Order for applying the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 to the Channel Islands, and the procedure set out in the Schedule to the first-mentioned Measure has been followed.
N O W , THEREFORE, HER MAJESTY, in pursuance of section 2 of the Channel Islands (Church Legislation) Measure 1931, as amended by section 1 of the Channel Islands (Church Legislation) Measure 1931 (Amendment) Measure
1957, and of section 12(4) of the Priests (Ordination of Women) Measure 1993 and of section 13(2) of the Ordination of Women (Financial Provisions) Measure 1993, is pleased, by and with the advice of Her Privy Council, to order and direct as follows -
1 . T h is Order may be cited as the Women Priests (Channel Islands) Order 1998 and shall come into operation on the d a y o f 1 9 9 8 .
2 . T h e Scheme set out in the Schedule to this Order is hereby confirmed.
3 . T he Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 shall apply to the Channel Islands in accordance with the provisions of the said Scheme.
SCHEDULE A SCHEME
Pr e p a r e d by the Bishop of Winchester in pursuance of the Channel Islands (Church Legislation) Measure 1931 and 1957 for applying the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 to the Channel Islands.
PREAMBLE
Wh er e a s section 12(4) of the Priests (Ordination of Women) Measure 1993 and section 13(2) of the Ordination of Women (Financial Provisions) Measure 1993 respectively provide that those Measures may be applied to the Channel Islands or either of them, as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, in accordance with the provisions of the last-mentioned Measures.
A n d w h ereas the Bishop of Winchester has come to the conclusion that the first-mentioned Measures ought to be applied to the Channel Islands with certain variations and has in accordance with paragraphs 1 to 3 of the Schedule to the Channel Islands (Church Legislation) Measure 1931 prepared the following draft Scheme for the purpose:
SCHEME
APPLICATION OF THE PRIESTS (ORDINATION OF WOMEN) MEASURE 1993
1 . I n its application to the Channel Islands, the Priests (Ordination of Women) Measure 1993 shall have effect as if -
(a ) im mediately after the words in section 1(1) there were inserted ", and it is hereby declared for the avoidance
of doubt that any canon making such provision applies in the Channel Islands";
(b ) f o r section 3 there were substituted -
" 3 .- (1) Subject to the following provisions of this section a Congregational Meeting of a parish may
pass either or both of the resolutions set out as Resolution A and Resolution B in Part I of Schedule 1 to this Measure.
(2 ) Su bject to the following provisions of this section a Congregational Meeting which has passed a resolution under subsection (1) above may by resolution rescind it, and the first-mentioned resolution shall continue in force until rescinded.
( 3 ) Su bject to subsection (4) below it shall be the duty of the minister of a parish, and during a vacancy or when the minister is incapacitated by absence or illness or any other cause it shall be the duty of the churchwardens of the parish, to convene a Congregational Meeting in accordance with subsection (5) below for the purpose of considering a motion for a resolution under subsection (1) or (2) above within six weeks of receiving a request in writing so to do signed by not less than one sixth of the persons entitled to attend such a meeting.
( 4 ) A motion for a resolution in the form set out as Resolution A in Part I of Schedule 1 to this Measure shall not be considered by a Congregational Meeting if the minister of the parish concerned, or any assistant curate for that parish, is a woman ordained to the office of priest.
(5 ) A resolution shall not be passed by a Congregational Meeting under subsection (1) or (2) above unless -
(a ) th e convenor of the meeting has caused a notice in the form set out in Part II of Schedule 1 to this
Measure to be affixed on or near to the principal door of every Church of England church and place of worship in the parish for a period of at least four weeks stating the time and place of the meeting and the terms of the motions proposing the resolutions which are to be considered; and
(b ) the meeting is attended by at least one third of the persons entitled to attend.
(6 ) A copy of any resolution passed by a Congregational Meeting under subsection (1) or (2) above
shall be sent to the following -
(a ) th e Bishop of Winchester;
(b ) the Dean of the Island;
(c ) th e lay chairman of the deanery synod; (d ) the registrar of the diocese; and
(e ) th e patron of the parish concerned.
(7 ) Wh ere a resolution under subsection (1) above is in force a person discharging any function in relation to the parish concerned shall not act in contravention of the resolution.
( 8 ) I n this section "convenor" means the minister of the parish or, during a vacancy or when the minister is incapacitated by absence of illness or any other cause, the churchwardens of the parish.";
(c ) s e ction 4 (together with Schedule 2) were omitted;
( d ) in section 5, the words "under the Ecclesiastical Jurisdiction Measure 1963", and paragraph (c), were
omitted;
(e ) s e ction 6 were omitted;
(f ) fo r section 7 there were substituted -
" 7 . Section 3 above shall apply in relation to a parish in respect of which the Crown is the patron,
whether solely or jointly with any other person, as it applies in relation to any other parish.";
(g ) s e ction 8 were omitted;
(h ) in section 12, subsections (2) and (5) (together with Schedule 4) were omitted; (i ) fo r Schedule 1 there were substituted -
"SCHEDULE 1
Part I
Resolution A
T h a t this Congregational Meeting would not accept a woman as the minister who presides at or celebrates the Holy Communion or pronounces the Absolution in the parish.
Resolution B
T h a t this Congregational Meeting would not accept a woman as the incumbent or priest in charge of the parish.
PART II
NOTICE OF CONGREGATIONAL MEETING Parish of ..............................................................................
A Congregational Meeting will be held in ......................... ................................................ on ............................day the ....................................... day of ................................... 199
at ..............................a.m./p.m. for the consideration of the
following motion(s):
[Set out text of Resolution A and/or Resolution B]
All persons of either sex whose names are entered upon the Island's Church Electoral Roll in relation to this parish (and such persons only), are entitled to attend and vote at this meeting.
Sig n e d .. .. .. .. .. .. .. .. .. .. .. ...............................
Minister/Churchwardens".
APPLICATION OF THE ORDINATION OF WOMEN (FINANCIAL PROVISIONS) MEASURE 1993
2 . T he whole of the Ordination of Women (Financial Provisions) Measure 1993 shall apply to the Channel Islands.
INTERPRETATION
3 .- (1 ) Fo r the purpose of this Scheme, and of the Measures applied to the Channel Islands by this Scheme -
(a ) a n y reference to the Channel Islands or either of them shall have the same meaning as has such a reference in
the Channel Islands (Church Legislation) Measure 1931; and
(b ) a n y reference to any other enactment is a reference to that enactment as it has effect in the Channel Islands. (2 ) I n this Scheme:
" C o n g r e g a tio nal Meeting", in respect of any parish, means a meeting of those persons whose names are
entered on the Island's Church Electoral Roll in relation to that parish;
" pa r is h " m e a n s an ecclesiastical parish.
Explanatory Note
(This Note is not part of the Order)
This Order applies the Priests (Ordination of Women) Measure 1993 and the Ordination of Women (Financial Provisions) Measure 1993 to the Channel Islands in accordance with a Scheme prepared by the Bishop of Winchester.