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General Synod 2002
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The following draft Bill will be debated during this years General Synod. For further information on amendments and passage through General Synod please contact the General Synod Press Office.

BILL NO 15

Explanatory Memorandum

The General Synod of 2001 authorised the Legislation Committee to prepare a Bill to consolidate the Constitution of the Church of Ireland.

A consolidation does not permit substantive amendments and accordingly certain amendments of substance which could not be included in this Consolidation Bill were brought before General Synod in 2002 in what has become Chapter IX of 2002. Those amendments, together with the amendments of Bill No 14, a Bill for the introduction of which leave was given by General Synod in 2002, are included in the Schedule to this Bill which Schedule constitutes the Consolidation of the Constitution of the Church of Ireland.

In order that inclusive language may be used throughout the Constitution, Clause 2 of this Bill includes, as did the relevant Statute of 1988, certain definitions. As General Synod of 2002 was advised, one such definition, to replace the definition in Section 2 (1) (b) of the Statute of 1988, will be that the term ‘member of the clergy’ or ‘clergy’ shall, unless otherwise specifically provided, mean a deacon or priest of the Church of Ireland of a church in full communion with that Church.

As was done in 1988 in respect of the previous consolidation, it is proposed that the 2003 Constitution will come into effect, not on enactment, but on 1st October 2003. This is to ensure that the amended text, in inclusive language and incorporating the usual Appendices and an updated and revised Index, may be readily available in printed and electronic form on that date.

LADY SHEIL
THE HON MRS JUSTICE C MCGUINNESS
(at the request of the General Synod)

Bill

To consolidate enactments in regard to the Constitution.

WHEREAS it is expedient to consolidate enactments of the General Synod in regard to the Constitution of the Church of Ireland and for that purpose to repeal the Constitution of the Church of Ireland, 1988 (save as regards the Preamble and Declaration prefixed thereto and the Rules annexed to Chapter XIII thereof), as amended by subsequent Statutes of the General Synod.

BE IT ENACTED by the Archbishops and Bishops and the Clergy and Laity of the Church of Ireland in General Synod assembled in Dublin in the year 2003, and by the authority of the same as follows:

  1. From and after 1st October 2003 the several provisions contained in the first Schedule to this Statute shall be in force in the Church of Ireland and the said Schedule shall be read and construed as part of this Statute.
     
  2. In the said Schedule and in any Statute amending the same

    the term “Constitution” shall mean the said Schedule with such amendments thereof as from time to time for the time being shall be in force;

    the term “Statute” shall mean a Statute of the General Synod;

    the term “Representative Body” shall mean the Body to represent the Church of Ireland and to hold property for the uses and purposes thereof called in the Irish Church Act, 1869, the Representative Body of the said Church;

    wherever the context so admits the word “diocese” shall include any diocese or united diocese or united dioceses under the jurisdiction of one bishop;

    the term “member of the clergy” or “clergy” shall, unless otherwise specifically provided, mean a deacon or priest of the Church of Ireland or of a church in full communion with that Church.
     
  3. From and after 1st October 2003 the several Statutes and portions of Statutes mentioned in the second Schedule to this Statute shall be and the same are hereby repealed: Provided always that such repeal shall not invalidate or affect any act or thing heretofore done or any right or liability heretofore acquired or incurred under or in pursuance of the provisions hereby repealed.

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