Statute Law (Repeals) Measure 2018

Statute Law (Repeals) Measure 2018[a]
Measure of the National Assembly for Wales
General Synod of the Church of England
Long titleA Measure passed by the General Synod of the Church of England to repeal certain enactments of ecclesiastical law which (except in so far as their effect is preserved) are no longer of practical utility.
Citation2018 No. 1
Territorial extent 
[b]
Dates
Royal approval10 May 2018
Commencement
  • 10 May 2018 (section 2)[c]
  • 1 July 2018 (rest of measure)[d]
Other legislation
AmendsSee § Repealed enactments
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended
Text of the Statute Law (Repeals) Measure 2018 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Statute Law (Repeals) Measure 2018 (2018 No. 1) is a measure of the General Synod of the Church of England that repealed enactments of ecclesiastical law which were no longer of practical utility.[1]

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general repeals exercise directed at ecclesiastical legislation since the Statute Law (Repeals) Act 2004, which had repealed over 40 ecclesiastical enactments on the recommendation of the Law Commission.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.[2]

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Repealed enactments

Section 1 of the measure repealed 60 enactments and revoked 2 instruments, listed in parts 1 to 9 of the schedule to the measure.[3]

Part 1: Clergy

Part 1 — Clergy
Citation Short title Extent of repeal
26 Hen. 8. c. 14 Suffragan Bishops Act 1534 Section 5.
31 Eliz. 1. c. 6 Simony Act 1588 Sections 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. 10 Queen Anne's Bounty Act 1714 The whole act.
6 & 7 Will. 4. c. 77 Ecclesiastical Commissioners Act 1836 The whole act.
1 & 2 Vict. c. 30 Sodor and Man Act 1838 The whole act.
3 & 4 Vict. c. 113 Ecclesiastical Commissioners Act 1840 Section 35.
4 & 5 Vict. c. 39 Ecclesiastical Commissioners Act 1841 Section 12.
7 & 8 Vict. c. 59 Lecturers and Parish Clerks Act 1844 Sections 1 and 4.
16 & 17 Vict. c. 49 Colonial Bishops Act 1853 The whole act.
1976 No. 3 Church of England (Miscellaneous Provisions) Measure 1976 In 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. 1 Dioceses Measure 1978 Section 18(1).

Part 2: Benefices

Part 2 — Benefices
Citation Short title Extent of repeal or revocation
Main repeals
1 & 2 Vict. c. 106 Pluralities Act 1838 The 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. 39 Ecclesiastical Commissioners Act 1841 Section 24.
32 & 33 Vict. c. 109 Residence of Incumbents Act 1869 The whole act.
34 & 35 Vict. c. 45 Sequestration Act 1871 The whole act.
48 & 49 Vict. c. 54 Pluralities Acts Amendment Act 1885 The whole act.
Consequential repeals
61 & 62 Vict. c. 48 Benefices Act 1898 Section 13(2).
1963 No. 1 Ecclesiastical Jurisdiction Measure 1963 Section 6(1)(d).
1986 No. 3 Patronage (Benefices) Measure 1986 In Schedule 4, paragraph 1 and the preceding cross-heading.
SI 2005/3129 Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 In Schedule 3, paragraph 1(3).
SI 2010/2847 Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010 In Schedule 2, paragraphs 1 to 11 and the preceding cross-heading.

Part 3: Ecclesiastical property

Part 3 — Ecclesiastical property
Citation Short title Extent of repeal
Main repeals
28 Hen. 8. c. 11 Tithe Act 1536 The whole act.
3 Geo. 4. c. 72 Church Building Act 1822 The whole act.
2 & 3 Will. 4. c. 80 Ecclesiastical Corporations Act 1832 The whole act.
6 & 7 Will. 4. c. 20 Ecclesiastical Leases Act 1836 The whole act.
6 & 7 Will. 4. c. 64 Ecclesiastical Leases (Amendment) Act 1836 The whole act.
3 & 4 Vict. c. 113 Ecclesiastical Commissioners Act 1840 Sections 54 and 55.
5 & 6 Vict. c. 26 Ecclesiastical Houses of Residence Act 1842 The whole act, except in section 8 the words from the beginning to “in land or otherwise”.
5 & 6 Vict. c. 108 Ecclesiastical Leasing Act 1842 The whole act.
21 & 22 Vict. c. 57 Ecclesiastical Leasing Act 1858 The whole act.
28 & 29 Vict. c. 57 Ecclesiastical Leases Act 1865 The whole act.
29 & 30 Vict. c. 111 Ecclesiastical Commissioners Act 1866 Section 17.
26 Geo. 5 & 1 Edw. 8. No. 5 Ecclesiastical Commissioners (Powers) Measure 1936 Sections 6 and 11.
Consequential repeals
10 & 11 Geo. 6. c. 48 Agriculture Act 1947 Section 82(2).
14 & 15 Geo. 6. c. 39 Common Informers Act 1951 In the Schedule, the entry for the Ecclesiastical Leases Act 1836.
1964 c. 51 Universities and College Estates Act 1964 Section 1(1).
1965 c. 2 Administration of Justice Act 1965 In Schedule 1, the entry for the Ecclesiastical Houses of Residence Act 1842.
1982 c. 53 Administration of Justice Act 1982 Section 46(2)(a)(ii).
1999 No. 1 Cathedrals Measure 1999 In 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. 4 Constitutional Reform Act 2005 In Schedule 4, paragraphs 10 to 12 and the preceding cross-heading.
In Schedule 11, paragraph 8 and the preceding cross-heading.
2011 c. 25 Charities Act 2011 In 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 fees
Citation Short title Extent of repeal
Main repeals
1963 No. 1 Ecclesiastical Jurisdiction Measure 1963 In section 46(1), the words from “Provided that” to the end.
1976 No. 2 Ecclesiastical Judges and Legal Officers Measure 1976 Section 1(3).
Section 6.
1986 No. 2 Ecclesiastical Fees Measure 1986 In Schedule 2, paragraphs 2 to 4.
1994 No. 3 Church of England (Legal Aid) Measure 1994 Section 5.
Consequential repeal
1999 No. 2 Care of Places of Worship Measure 1999 Section 3(3).

Part 5: Church representation

Part 5 — Church representation
Citation Short title Extent of repeal
Main repeals
1 & 2 Geo. 6. No. 3 Parsonages Measure 1938 Section 12.
3 & 4 Eliz. 2. No. 1 Inspection of Churches Measure 1955 Section 4.
1986 No. 2 Ecclesiastical Fees Measure 1986 In 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. 1 Church of England (Miscellaneous Provisions) Measure 1992 Section 4(2).
2001 No. 1 Churchwardens Measure 2001 Section 14.
Schedule 1.
2011 No. 3 Mission and Pastoral Measure 2011 Section 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 repeals
1999 No. 2 Care of Places of Worship Measure 1999 In section 3(4), “, 4”.
2005 No. 3 Church of England (Miscellaneous Provisions) Measure 2005 In Schedule 1, paragraph 7.

Part 6: Services

Part 6 — Services
Citation Short title Extent of repeal
1972 No. 1 Admission to Holy Communion Measure 1972 The whole measure.

Part 7: Church Commissioners

Part 7 — Church Commissioners
Citation Short title Extent of repeal
3 & 4 Vict. c. 113 Ecclesiastical Commissioners Act 1840 Sections 84, 86 and 88.
23 & 24 Vict. c. 124 Ecclesiastical Commissioners Act 1860 Section 13.
In section 14, the words from “; but this enactment” to the end.
2000 No. 1 Church of England (Miscellaneous Provisions) Measure 2000 Section 1.

Part 8: Education, &c.

Part 8 — Education, &c.
Citation Short title Extent of repeal
7 Ann. c. 14 Parochial Libraries Act 1708 Sections 4 and 5.
1991 No. 2 Diocesan Boards of Education Measure 1991 Section 12.

Part 9: Cathedrals

Part 9 — Cathedrals
Citation Short title Extent of repeal
1976 No. 1 Cathedrals Measure 1976 Section 8.
1999 No. 1 Cathedrals Measure 1999 In 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.[4]

Notes

  1. ↑ Section 2(1).
  2. ↑ Section 2(6).
  3. ↑ Section 2(2).
  4. ↑ Section 2(3). The Statute Law (Repeals) Measure 2018 (Commencement) Order 2018 (SI 2018/718).

References

  1. ↑ "Statute Law (Repeals) Measure: Explanatory memorandum by the Legislative Committee of the General Synod" (PDF). parliament.uk. Ecclesiastical Committee. Retrieved 1 August 2026.
  2. ↑ "Bishop of Rochester takes five Church of England Measures through House of Lords". The Church of England in Parliament. Retrieved 1 August 2026.
  3. ↑ legislation.gov.uk, The National Archives https://legislation.gov.uk// {{citation}}: Missing or empty |title= (help)
  4. ↑ "The Statutory Instruments Regulations 1947", legislation.gov.uk, The National Archives, SI 2018/1
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