1. Mission and Pastoral Conferences 2018
Pastoral reorganisation and changes in the Mission and Pastoral etc. (Amendment) Measure 2018

2. Why are we here? Mostly because of the...
The MP(A)M 2018 arose out of the Renewal and Reform programme, which was endorsed by General Synod. The MP(A)M 2018 amends certain parts of:
- The Mission and Pastoral Measure 2011
- The Endowments and Glebe Measure 1976 and
- The Patronage (Benefices) Measure 1986
As we’ve already heard, some provisions came into effect on 1st July, and most of the others will come into effect on 1st October.
This presentation looks at the the changes in consultation, publication and amendment of Pastoral Schemes and Orders, that will come into effect on 1st October, the changes to glebe representations and patronage provisions that came into effect on 1st July, as well as a couple of things a little further ahead.

3. Consultation on proposed pastoral reorganisation
The MP(A)M clarifies the consultations in pastoral reorganisation.
Currently, there are effectively 3 stages of consultation:
informal
first formal (s.6/21)
second formal (on a published draft scheme or order).
The MP(A)M allows dioceses to combine the first two stages.
Currently there are 3 stages of consultation
Informal (for example the Archdeacon may speak to some PCCs about uniting parishes in the benefice to reduce the number of PCC meetings and other bureaucracy)
This may then lead to the
First formal consultation on the draft proposals – i.e. the section 6 or section 21 consultation
Which may then lead to the DMPC recommending the proposals to the Bishop for his signature for sending to the Church Commissioners for the
Second formal consultation– on the published draft scheme or order

4. Consultation on proposed pastoral reorganisation
As of 1st October, DMPCs may either:
Consult on draft proposals Or
Consult on “the issues which the {Diocesan Mission and Pastoral} committee considers need to be addressed”.
In other words; the first stage of consultation can be on issues, rather than proposed solutions;
Followed by the publication of a draft scheme or order.
If proposals have not yet been formulated the first consultation may now be on the issues – more information on “issues shortly”
The Code of Practice will encourage this consultation on issues, though of course it won’t be mandatory. Flexibility is the name of the game! If you wish to continue with the way you have been doing so that’s completely fine but there is now flexibility for a possibly quicker route.
The existing “3 step” process can be cut down to 2 steps.
However, the consultation on issues can take as long as the DMPC sees fit- if you wish to spend several months ironing out smaller concerns to get as much consensus as possible before publication of the draft scheme or order, that’s fine!
There is no statutory consultation in this case on the proposals themselves; they may go straight from the Bishop to the Commissioners to draft and publish the Scheme, but there can be further discussion on a draft proposal (if the DMPC sees fit) before recommending them to the Bishop.
In a pastoral (church buildings) scheme, the Bishop’s signed proposals must still be circulated to all the interested parties.

5. Consultation on proposed pastoral reorganisation
Examples of consultation on issues might include:
Benefices
Parsonage
Patronage
Names
The DMPC
considers
formulates
draft proposals
Issues/reps: Up to dioceses to decide what’s quicker; more consultation at an early stage, or dealing with representations at a later stage. Real case-by-case basis stuff!
We need to think about how many benefices we have. Should any be united; if so, which ones?
If any unions are going to happen, what should the parsonage arrangements be?
What about patronage arrangements? Joint? In turns?
What about the highly contentious “name of the new benefice or parish?”
The DMPC considers the issues and the views received
Formulates them into draft proposals for the Bishop to sign for forwarding to the Commissioners for the draft scheme or order stage NOW JUST 2 STAGES
LET THE PEOPLE “OWN” THE REORGANISATION.

6. Consultation on proposed pastoral reorganisation
As ever, consultation must be “meaningful”. In other words DMPCs should:
Be genuine in the consultation: willing to listen to the views of all parties.
Not already have made up their minds
Be willing to vary the proposals or recommendations in light of the consultation.
Why this change to consult on issues?
Encourage solutions from the “grass-roots” of the church and interested parties.
To allow more flexibility in diocesan approach. Can now proceed with just two stages of consultation; issues, then draft scheme or order.
Avoid repetitive consultation on similar looking documents.
Consultation on the issues will be particularly important in Deanery Planning.
A key aim of many of these changes, especially in relation to Deanery Plans is that in any kind of strategic planning and reorganisation, there should be a very real aim to get maximum “buy-in” from all interested parties, and the whole church community in general. It’s ok to have a pre-disposition; but not any pre-judgement! The DMPC must be willing and open to amending initial proposals/plans in light of…consultation!
Consulting people properly on issues, as well as specific proposals will have many benefits:
1) better proposals may arise if everyone’s view point is heard, new ideas may be found;
2) there may be fewer representations against draft schemes or orders if everyone feels they have “had their say” during early consultation processes and;
3) Giving people a wider strategic view of why reorganisation is being considered and what benefits it is hoped it will bring will impart a sense of the wider aims of the Church.
Consulting on the “same” paperwork was acknowledged as an issue in the Toyne Report, as far back as 2004!
It is really important that when you are consulting on the issues that interested parties know this is the formal consultation under S6 or S21 of the Measure, even though it may feel less formal than previously! We’ll be producing some updated templates.
Deanery Plans; you’ll hear more this afternoon.

7. Pastoral schemes and orders; preparation, publication and amendment
Dioceses will be able to ask the Commissioners to draft and publish schemes or orders on their behalf.
In cases where the Commissioners have drafted the scheme or order, they will carry out the publication of the statutory notices,
All draft schemes and orders (excluding BPOs and S17 Orders) will have to be published online by the Commissioners.
From 1st October either universally or on a case-by-case basis. Dioceses can ask the Commissioners to draft and publish Schemes and orders on their behalf..
In practice, the drafting amendment is not a huge departure from current practice.
Dioceses will need to be aware that asking us to do these things may result in longer timescales being needed for publication etc. however, one advantages may include the diocese being “removed” from the publication process, particularly if the proposals are controversial, which may give a better feeling of impartiality in the process.
In cases where the Commissioners have drafted the scheme or order, they will carry out the publication of the statutory notices,
(But the Commissioners will still always publish Pastoral (Church Buildings) Schemes and Pastoral (Church Buildings Disposal) Schemes!).
So far about 50% of dioceses have asked the Commissioners to take back the publication of draft schemes and orders. Some dioceses have not yet decided whether they will continue with the publication or whether they wish the Commissioners to do this. It would be very helpful if you could let us know asap. However, we are totally flexible and if you decided you wish to continue publishing you can always change your mind and vice versa.
We are already doing online publishing but now it is really important for you to send us a copy of the statutory notices and draft scheme in good time (where we aren’t publishing) to avoid accidentally extended rep periods! Legally we MUST publish online for 28 days so please ensure, if you are publishing the draft Scheme that you send it to us at the same time as you sent it to all interested parties.
AS GOOD PRACTICE, WE WILL STILL PROBABLY SEND DRAFT SCHEMES BACK TO *BISHOPS* FOR SIGNATURE, CC’D TO DMPC SECRETARIES
Reading notices out at services: There is also currently a requirement in the MP(A)M that notice of the draft scheme or order be read out at every Sunday service in any parish affected during the representation period. However, this has been agreed as being unenforceable/not capable of being proved! This clause is being amended to read more along the lines of “so far as is practical, at the principal service(s)” CHECK FOR LATEST AMENDMENT. So this will not be in force until further notice. However the existing good practice guidance that something should be said at a service (as in our letters P1000 and P1001) is still in force.

8. Pastoral schemes and orders; preparation, publication and amendment
The Commissioners (in consultation with the Bishop) will be able to amend schemes or orders in light of representations without having to re-publish the draft scheme and repeat the representation procedure.
This is to allow extra flexibility
This should allow a faster process for bringing such draft schemes or orders into effect.
In practice this means that where representors against a draft scheme have a proposal that the Commissioners think better than those in the original draft, they can, after consulting the Bishop, and carrying out “such other consultation as they think appropriate” amend the scheme to reflect those proposals in the representations.
Flexibility: the “old” style of amendment (major amendments on which the Scheme is then republished for public consultation) is still an option.

9. Pastoral schemes and orders; preparation, publication and amendment
Examples of where the new amendment power might be used include:
uniting benefices - selecting an alternative house to be the parsonage than the one named in the draft scheme
changing patronage provisions - for example changing from being exercised jointly to exercising in turns (or vice versa). In this instance we may seek only the views of the patrons and the PCCs, rather than all the interested parties.
Alteration of parish/benefice name
Name change; often a parish discovers that their LEGAL name is not what they think/have been using and make a representation based on that.
Normal practice is to get the diocese to consider doing a S17 Order consultation after the Scheme comes into effect to change it to what they want. Instead, we would now be able to change it by altering the scheme. (Alternatively, you could do a Bishop’s Pastoral Order!).
The Commissioners’ Mission and Pastoral Committee would be the body who decides what consultation is appropriate, on the advice of staff. We would be judicious in its usage, and not make amendments that materially alter the aims of the original Scheme.
Please note that we would always consult the diocese.

10. Pastoral church buildings schemes; severance
A new option where a draft scheme proposes closing a church and settling the future of the building in the same scheme (under ss58 & 59 of the MPM).
If objections are received against the use and upheld by the Commissioners, the closure itself can still be brought into effect as if under s42 of the MPM.
This of course depends on either no objections on the closure itself or such objections being overruled by the Commissioners’ Mission and Pastoral Committee.
Would also of course check with the diocese first!
Some dioceses prefer to proceed with just a closure scheme rather than run the risk of receiving representations on the use part of a one stage Scheme. However, as of 1st October if we publish a one stage scheme providing for the closure of a church and its use and we receive representations on the use part of the Scheme the Commissioners will be able to sever the scheme and bring the closure into effect, provided there are no reps on the closure itself.

11. Glebe transactions; representations
As of 1st July this year, it is no longer possible for PCCs/incumbents etc to make representations to the Commissioners against glebe transactions.
However, the Diocese must still serve a notice on the PCC/incumbent, for their information only, though there is still a recommended window for comments to be submitted to the DBF.
We have issued guidance on recommended best practice about communicating with them about proposed transactions, found on our website.
Only for cases where the notice of a proposed transaction was served after 1st July Any case in which the formal notices were served before then will be dealt under old processes and so could still come before the Commissioners Mission and Pastoral Committee for consideration. New forms are in the updated P&G manual on our website.
This was one of the more controversial parts of the legislation! The continuation of serving notice was a result of the debates and so on in Synod. ALSO AN OPPORTUNITY FOR PCC’S TO “GET” SOMETHING OUT OF THE PLANNING PROCESS VIA S.106 ETC IN THEIR COMMENTS.
The guidance is in the Parsonages and Glebe manual as Annex J (on ccpastoral.org). Dioceses must have regard to the Commissioners guidance.
Doesn’t affect Parsonage transactions, and glebe ones still have to be referred to us if the “other” issues arise (connected person/ignoring reports etc).
Why is this changing? These consultations/the opportunity to make reps was because the diocese would be disposing of what had once belonged to the benefice/incumbent. However after nearly 40 years since the Endowments and Glebe Measure came into effect, this has to be seen now as purely a diocesan function in proper management of its assets for the benefit of the Diocesan Stipends Fund.
The Notices have been retained as it was felt that because of possible pastoral implications, incumbents and PCCs should still be notified so they can address those at a parish level. Our guidance should help with this process.

12. Patronage changes
The MP(A)M changes the lapse of patronage provisions in s.16 of the Patronage (Benefices) Measure 1986.
Previously, patronage lapsed to the relevant Archbishop after 9 months of the vacancy arising.
Now lapses to the Diocesan Bishop.
Lapses after 12 months not 9
The new compensation provisions should mean that there will be less need for suspension of presentation.
New provisions only apply to vacancies arising on or after 1st July 2018.
The MP(A)M changes the lapse of patronage provisions in s.16 of the Patronage (Benefices) Measure 1986.
Previously, patronage lapsed to the relevant Archbishop after 9 months of the vacancy arising.
Now lapses to the Diocesan Bishop.
Lapse after 12 months not 9: the clock now only starts ticking either when the vacancy actually arises, or after notice of the vacancy has been served on the patron, whichever is the later, so don’t forget to serve the notice!
The new compensation provisions should mean that there will be less need for suspension of presentation.
However, if a PCC is in deadlock or has other issues with the diocesan bishop, it can (before the Bishop has decided on the priest to whom the offer of collation to the benefice is to be made) make a resolution requesting that the Archbishop make the appointment.
Once the Archbishop has decided who to choose, the archbishop shall make the offer of collation to the priest concerned, and if the offer is accepted, the Bishop shall be notified to present the priest for admission to the benefice.
Suspensions: not a change in itself, but a consequence of changes elsewhere.
Likely need now only suspend where:
- you don’t wish to appoint a single p-i-c (if benefice is likely to be split up and so no job for person you’d have just appointed, and so then dispossessing them!)
- Where you wish to change the parsonage house.
- Where two benefices are vacant, and you don’t wish to “favour” one by appointing an incbt, but only as p-i-c in the other. (Or you could just create a new plurality under a BPO.)
That’s it!

13. Other forthcoming changes: Amending Canon 39 and CRR changes
Likely to come into effect summer 2019 or spring 2020.
It includes provisions for a new kind of Joint Council (which will be able to hold property, so could essentially put PCCs into abeyance in some cases, reducing the burden of large numbers of meetings)
Amending Canon 39 amends Canons B11, B14 and B14A
The practical effect will be to lessen the difference between a Parish Church and a Chapel of Ease.
These changes were originally part of one Measure (the Church Representation, Ecumenical Relations and Ministers Measure) which has since been split in two.
The new Church Representation and Ministers Measure went through its Revision stage at Synod in July. This will introduce new Church Representation Rules.
Amending Canon 39: The requirement will be for services every Sunday to be “in at least one church in each benefice or, where benefices are held in plurality, in at least one church in at least one of those benefices” rather than “in every parish church”. Canon B14 is the route to make a church a “festival church”.
B11: services of Morning and Evening Prayer B14: Holy Communion and services in churches and other places of worship) B14A: Services in churches and other places of worship.
BUT REMEMBER; because of s.68 of the MPM2011 you cannot close a church for regular public worship other than under the Measure, so the new Canons cannot be used as a de facto way of doing so.
Think of case of uniting 4 parishes; where you might once have “downgraded” 3 parish churches to Chapels of Ease, there would now be no need to do so, which may make interested parties happier/less sad.

14. Other forthcoming changes: the draft Church Property Measure
Consolidates
Parsonages Measures
New Parishes Measure and
the property provisions of the Endowments & Glebe Measure.
A single Measure in a modern format.
First consideration was at General Synod this July
Likely to come into effect in 2019.
Draft Church Property Measure
Consolidates Parsonages Measures, New Parishes Measure and the property provisions of the Endowments & Glebe Measure.
Brings them all together in a single Measure in a modern format.
A consolidation measure can only make minor amendments to existing provisions, so these will broadly remain, but be more understandable and accessible.
Had its first consideration at General Synod this July
Likely to come into effect in 2019.
With everything we will be providing guidance.
If you have any queries with any of this we are around today and always at the end of the phone or an – although if you at 11 at night it will probably be the next day before we respond!