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Mission and Pastoral Conferences 2018

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Presentation on theme: "Mission and Pastoral Conferences 2018"— Presentation transcript:

1 Mission and Pastoral Conferences 2018
Changes in the Mission and Pastoral etc. (Amendment) Measure 2018: Bishops’ Pastoral Orders, Compensation changes, Team and Group ministries

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3 Bishops’ Pastoral Orders; what are they, and why?
A new option for basic types of pastoral reorganisation. They don’t generally affect parishioners’ rights – better described as administrative changes. The guiding principle is that the Bishop decides who is involved in the consultation, rather than it be specified by legislation. However, before making an order, the Bishop must consult the DMPC, and any “other persons, groups of persons or organisations as the bishop thinks fit”. Why? Brought in to create an even shorter shortened procedure for things of a predominantly administrative nature. Note: BPO’s are not getting rid of any existing provisions, they are just providing a new route for doing certain things. They are mostly administrative changes. Provisions which are more wide ranging and affect people’s rights will continue to be dealt with by Pastoral Schemes or Orders. For example, changing the status of a chapel of ease/parish church would continue to be only possible via Scheme or Order. Similarly to Bishops’ Mission Orders, it would also be for the Bishop to consider any views received as part of the consultation.

4 Bishops’ Pastoral Orders; things to know
Many (but not all) of the options available via a s.17 Shortened Procedure Order will be able to be done in a BPO. There is no right of representation to anyone against a BPO. BPOs must be sent to the Commissioners once made. A BPO can be amended or revoked by a new BPO. But what can they do…..? Amendment/revocation can also be done in a scheme/PO if necessary/desirable It is another option

5 Bishops’ Pastoral Orders; what can they do?
(a) the alteration or definition of the boundaries of an extra- parochial place; (b) the alteration of the name of a benefice or parish; (c) the holding in plurality of two or more benefices; (d) the creation or alteration of an archdeaconry; (e) the dissolution of a vacant archdeaconry; (f) the creation, alteration or dissolution of a deanery; (g) the alteration of the name of an archdeaconry or deanery; & (f) In creating an Archdeaconry or Deanery, the Order must name it.

6 Bishops’ Pastoral Orders; what can they do?
(h) the termination of a group ministry; (i) team ministries: abolishing an office of vicar which is vacant or increasing the number of the offices of vicar; (j) the alteration of a team ministry by transferring a right of patronage held by the diocesan board of patronage; (k) the designation of the first incumbent of a new benefice or of two or more benefices to be held in plurality; (l) the designation of a team vicar’s house; (m) the designation of a parsonage house as such. K) Bishop must serve notice on the relevant patron, so implementing restriction (m) Where more than one suitable house/property in benefice ownership. If naming the first incumbent of a new benefice or a new plurality; the bishop must first serve notice on the patron, and that patron’s right of presentation cannot then be exercised until after the Order comes into effect.

7 What s.17 Order can do, but a BPO can’t
Things that can (still) be done via s17 but not BPO include: Alter areas of parishes (other than by the defining or altering of the area of an EPP) Creation or alteration of a Group Ministry Exchange or transfer of patronage (other than that of DBP in a TM) Designation of a parish church or making a parish church a chapel of ease. Alterations to a TM you can do under S17 but not BPO are: - Changing term of years of TR/TVs, other provisions for team vicar selections

8 Compensation of office-holders
Section 6 of the MP(A)M replaces s40 of the Mission and Pastoral Measure 2011, and completely replaces Schedule 4 to the 2011 Measure. These new provisions take effect only from 1st July Any case which may have the effect of dispossessing an office-holder in which the consultation under s.6 or s.21 of the MPM started before the 1st July 2018 will still operate under the “old” provisions. Why the change? Lack of use of current provisions Cost (are these two bullet points perchance linked…?) Both of which have sometimes resulted in unviable or undesirable pastoral arrangements continuing. Why the change? The existing compensation provisions have hardly ever been used, which suggests they are unworkable in practice. Consultation clearly showed many dioceses felt the existing provisions were unusably generous in a modern context; essentially paying out more in compensation the younger the dispossessed party was. Cannot be used to “punish” clergy. The pastoral reorganisation must be legitimate and the dispossession thus a “side-effect” almost, not the other way round.

9 Compensation of office-holders; the new system
The new provisions apply equally to all – both freeholders and those on Common Tenure. Anyone dispossessed by pastoral reorganisation will be entitled to compensation equal to the stipend and pension contributions for the lost office for a period of 12 months. If they also received housing, they are to be given suitable housing for 12 months as well. The new system instead applies equally to all clergy who receive stipend/housing (the “emoluments of office”); freehold or Common Tenure. The money is to be paid as a lump sum; no periodical payments anymore. Money is to come from either of the DSF accounts, or any such other DBF account if the DBF considers that more appropriate. The stipend and pension value amounts are equal to the amount on the day on which the office was dispossessed; so if there’s a subsequent increase, they don’t benefit. HOUSING: “Suitable” – - Also includes family members living with the dispossessed; ie needs to have regard to, for example, schooling - probably not the parsonage (which has to be vacated). - Suitable needs to be with regard to location as well; especially where there may be family members involved. Alternatively, the DBF can instead agree with the person an equivalent value additional lump sum in lieu of housing.

10 Compensation of office-holders; the new system
We can add a new clause to schemes that names all assistant curates so they “transfer” seamlessly to the new benefice(s). No need to resign to bring schemes into effect, and so the compensation provisions would not apply to them. In most cases our much-loved “6 month delay” clause is no longer required; schemes can be brought into effect more quickly. However, if a dispossession really is happening, the 6 month delay clause must be used as it is under the old system. So assistant curates will be treated like incumbents in this regard.

11 Compensation of office-holders; the new system of additional payments
The Bishop may authorise additional payments. However, the person entitled to compensation can apply for a review of either the amount offered or a decision not to make such additional payments. The Archbishops must jointly appoint a Reviewer to deal with any appeals against these decisions. Operation of the compensation scheme (but not who is eligible or what compensation they are entitled to) can be amended by the Archbishops’ Council. The only grounds for review are that the Bishop’s decision would cause exceptional hardship to either the person or a member of their family. The appeal must make out the grounds for hardship and be made within 4 weeks of the bishop’s decision. The Reviewer can A) direct what sum should be paid as additional funds, or b) refer it back to the Bishop for further consideration. Finally; the Archbishops Council may via Order (after acquiring Synod and Parliamentary approval), adjust the processes under the Measure in light of experience of use of the new rules. This provision has been included because this new system is such a significant departure from the old scheme However such alteration cannot alter either who becomes entitled to compo nor the amounts payable. It can only be used to making amendments to the operation of the scheme. REMINDER: cannot use to punish clergy – has to be genuine reorganisation Any questions on compensation?

12 Teams and Groups; changes
The changes don’t affect any current arrangements A scheme establishing a TM will no longer be able to: Assign to a vicar particular pastoral functions, special cure of souls in part of the Team. Assign special pastoral responsibility to any team member who is not a member of the team chapter. These matters are now to be dealt with in a Bishop’s Licence. Can no longer name Diocesan Board of Patronage as a sole patron of a new Team Ministry - or having a turn on its own (shame….) - but can still be named as a member of a Team Patronage Board (hurray!). These changes are predominantly removing provisions from the MPM. DBP provisions – mostly gone because they were never used, or at least haven’t been for a long time. In those cases where a DBP has it’s own turn or is sole patron of a TM, a BPO can transfer the DBP’s right to the Bishop or to the Crown. Removal of scheme provisions - the removal of these is mainly to provide maximum flexibility in Team Ministries; anything set up by a scheme can only be amended or revoked by a subsequent scheme. These are matters that are properly to be dealt with via a Bishop’s Licence.

13 Team and group ministries; changes
The requirements that are no longer specified in legislation include: Duty of rector to convene meetings. Right of team members to request meetings. Duty of rector to inform team members of notices regarding property in the benefice. There are also certain requirements being removed. This is because legislation is not meant to go into “fine detail”; it is too prescriptive. However, many of them will be still be highly recommended best practice. QUESTIONS? THE END


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