The Ecclesiastical Offices (Terms of Service) Regulations 2009

[^key-01a253a6cc2ab28f6abe6e7cc9bda577]: Word in reg. 29(1) omitted (1.11.2015) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 3(1)(a)

[^key-260c6838325195013be19ec1fb8db0fb]: Reg. 29(1)(j) and word inserted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 3(1)(b)

[^key-18e8482a8dcc7cc79229e15fd3dfb93e]: Reg. 29(3A) inserted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 4(1)

[^key-04486b097fb9426dddf6cea712b86cc2]: Reg. 29(7A)(a) substituted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 4(2)

[^key-9d26d99df8b90c17784301e459f478bd]: Words in reg. 29(1)(f) substituted (1.11.2015) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2015 (S.I. 2015/1654), regs. 1, 4(3)

[^key-aa8734f483682df7504222e206ffb178]: Reg. 29(1)(b) omitted (1.7.2017) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017 (S.I. 2017/316), regs. 1(2), 2(3)(a)

[^key-416a797e2b9d35b72d2c9aa91a4cc2f1]: Words in reg. 29(1) omitted (1.7.2017) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017 (S.I. 2017/316), regs. 1(2), 2(3)(b)

[^key-4be2a20c25c5334ebdaccdf9848e300c]: Reg. 29A inserted (1.7.2017) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017 (S.I. 2017/316), regs. 1(2), 2(1) (with reg. 2(2))

[^key-1144f1fdfe68ac2539789ba373f94796]: Reg. 5(3) omitted (1.3.2019) by virtue of Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 6(9), 17(3); S.I. 2019/67, art. 2(1)(e)

[^key-ba3708a6f88808e06ff1ccd6d5d6a338]: Reg. 23 substituted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 6(10), 17(3) (with s. 6(13)(14)); S.I. 2019/67, art. 2(1)(e)

[^key-c2652bbd3e6d2425172595c48fcb1b39]: Words in reg. 3(5)(g)(iv) substituted (18.12.2020) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2020 (S.I. 2020/1543), regs. 1(2), 2(3)

[^key-1f88cc756a1ef3780af27307b11bb3c8]: Words in reg. 23(1) substituted (18.12.2020) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2020 (S.I. 2020/1543), regs. 1(2), 2(1)

[^key-61c0cba8fcef725ff9b682be3dd1da83]: Words in reg. 23(7) inserted (18.12.2020) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2020 (S.I. 2020/1543), regs. 1(2), 2(2)

[^key-803f485a8e78f46d301f3e6305cf9348]: Reg. 2(4) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 2(1)

[^key-f4faac7abae3f21d7aba0566ed47e3bc]: Reg. 6(2A) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 2(2)

[^key-a376b4d87e1c598f1b75de7dddf7174e]: Words in reg. 6(3) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 2(3)

[^key-433ecfd7ba7e90f5e889a5f4a69d56d0]: Words in reg. 6(4) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 2(3)

[^key-86f41819f686bddf5d023c783035842e]: Words in reg. 18(4) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 3(2)

[^key-03e519a15fe07e0b572cf106bbd31dd9]: Reg. 19(5)(6) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 4

[^key-245e11c1883289c18fc23e00302e0c10]: Words in reg. 22(5) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 5(1)

[^key-9ee63bd12989b9a11f2041d3ce2978a5]: Reg. 22A inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 5(2)

[^key-fbbd6a3a69e32f797832f5f1baa1355e]: Words in reg. 24(3) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 6

[^key-f0ecc63920b6826e069e02f68b525485]: Reg. 27(2A) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 7(1)

[^key-90d4d741a73facac7e864a856e9f8765]: Reg. 28(1B) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 7(2)

[^key-9af4eab24c8deca436b3894c20d13a4e]: Reg. 29A(4A) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 8

[^key-718b6ec5e6035869a92bf48ff7bb07f2]: Reg. 18A inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), reg. 3(1)

[^key-798d55482de06303110cafeb3935416d]: Reg. 11(1A) inserted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 9

[^key-3d93daced9411460bc0b87a26c1a29a4]: Words in reg. 18(1) substituted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(2)

[^key-9577734af77edf26ab175b90126aa12f]: Words in reg. 18(2) substituted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(3)

[^key-bb333af52830848801d7d9246634d197]: Word in reg. 18(4) omitted (28.7.2021) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(4)

[^key-2a14870c5e2c3e7d258cca42ed0d137f]: Word in reg. 19(2) omitted (28.7.2021) by virtue of The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(4)

[^key-aed0f2b5dafff47e5070b79dfdaa6b1b]: Words in reg. 19(3) inserted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(5)

[^key-d76d7a66513d66af18f356e9efe59c90]: Words in reg. 19(3) inserted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(6)

[^key-7885917ba391c5d9bc838d628444bce8]: Words in reg. 28(1A) inserted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(5)

[^key-d02011e1d83e32c98138eb84cee7afd4]: Words in reg. 28(1) inserted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(5)

[^key-e96a0ee4120eecc49771f47429cb5567]: Words in reg. 31(1) substituted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(7)

[^key-1def9a03535444c5cf0c06c87bb50f0c]: Words in reg. 33(2)(b) inserted (28.7.2021) by The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021 (S.I. 2021/840), regs. 1(2), 10(6)

[^key-b438f5ad6a349662eaa93675ed6566dc]: Reg. 2(3A) inserted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 5(1), 22(2)(d) (with s. 5(6))

[^key-70c8fed884289e5c3d50ceb9b864aa99]: Words in reg. 2(2) substituted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 5(2), 22(2)(d) (with s. 5(6))

[^key-5312e896a4ae7fe39f2b68ab1200ac2b]: Words in reg. 2(1) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 8 (with s. 7(5))

[^key-537843a142352e88fff6bd76886d1084]: Reg. 3(6)(7) inserted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 5(3), 22(2)(d) (with s. 5(6))

[^key-242229036b7eb1b9ea119ad04d02bce0]: Words in reg. 19(3) substituted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 5(4), 22(2)(d) (with s. 5(6))

[^key-b3e0382e48cb2ee5ce4405d129f7bbba]: Words in reg. 19(1) substituted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 5(4), 22(2)(d) (with s. 5(6))

[^key-07b16a7957c1fed390d7e243a0b4b33b]: Words in reg. 19 heading substituted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 5(4), 22(2)(d) (with s. 5(6))

[^key-c97cb766ccce41fdb79004115bd1895d]: Words in reg. 18 cross-heading substituted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 5(5), 22(2)(d) (with s. 5(6))

Extension of time limits to facilitate conciliation before institution of proceedings

9A

• (1) In this regulation—

• (a) Day A is the day on which the office holder concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

• (b) Day B is the day on which the office holder concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

• (2) In working out when the time limit set by regulation 9(4)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

• (3) If the time limit set by regulation 9(4)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

• (4) The power conferred on the employment tribunal by regulation 9(4)(b) to extend the time limit set by paragraph (4)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Determination of references

Holding office beyond the age of 70

29A

• (1) A person who holds or is to hold office under Common Tenure and has attained the age of 70 years may be appointed, or may have his or her appointment continued, for a fixed term or under terms which provide for the appointment to be terminated on the occurrence of a specified event if the person occupies a post by virtue of a direction given under this regulation.

• (2) An archbishop may give a direction for a person holding the office of diocesan bishop in the archbishop’s province who has attained the age of 70 years to continue to hold that office for the period specified in the direction.

• (3) A diocesan bishop may, with the concurrence of the archbishop in whose province the diocese is situated, give a direction for a person holding the office of suffragan bishop or dean in the diocese who has attained the age of 70 years to continue to hold that office for the period specified in the direction.

• (4) A diocesan bishop may give a direction for a person holding the office of residentiary canon or archdeacon in the diocese who has attained the age of 70 years to continue to hold that office for the period specified in the direction.

• (4A) In the case of an office holder who is a qualifying residentiary canon, the diocesan bishop may not give a direction under paragraph (4) without having obtained the written agreement of the dean of the cathedral.

• (5) A diocesan bishop may give a direction for a person who has attained the age of 70 years to hold or to continue to hold the office of incumbent of a benefice in the diocese, or to hold or to continue to hold an office in the diocese under a licence granted by the bishop, for the period specified in the direction (including in a case where the person was holding the office immediately before attaining that age).

• (6) The power to give a direction under a paragraph of this regulation includes, in the case of a person holding office by virtue of a previous direction under that paragraph, a power to give one or more further directions under that paragraph.

• (7) The period specified in a direction given under paragraph (2), (3) or (4)—

• (a) must begin with the day on which the person attains the age of 70 years or, where the person is holding the office by virtue of a previous direction given under that paragraph, immediately after the end of the period specified in that previous direction, and

• (b) must end on the date, or on the occurrence of an event, specified in the direction but must not extend beyond the day on which the person attains the age of 75 years.

• (8) The period specified in a direction given under paragraph (5)—

• (a) must begin on or after the day on which the person attains the age of 70 years or, where the person is holding the office by virtue of a previous direction given under that paragraph, immediately after the end of the period specified in that previous direction, and

• (b) must end on the date, or on the occurrence of an event, specified in the direction (and may extend beyond the day on which the person attains the age of 75 years),

• (9) An archbishop or diocesan bishop may not give a direction under this regulation unless he or she considers that the person in question will be capable of performing the duties of the office throughout the period for which the person is to hold the office.

• (10) A diocesan bishop may not give a direction under paragraph (5) in the case of a person holding the office of incumbent or priest in charge of, or vicar in a team ministry for, a benefice in the diocese or the office of assistant curate in the diocese unless the bishop—

• (a) considers that the pastoral needs of the parish or parishes concerned or of the diocese make it desirable to give the direction, and

• (b) has obtained the consent of the parochial church council of the parish or each of the parishes concerned.

• (11) In deciding whether to give a direction under this regulation, an archbishop or diocesan bishop shall have regard to any guidance issued by the Archbishops’ Council.

• (12) A direction given under this regulation must be in writing.

Maternity, parental, adoption etc. leave and time off for carers

Executive residentiary canons: annual review

18A

• (1) In the case of each office holder who is an executive residentiary canon, the dean of the cathedral shall, on at least one occasion in each calendar year, conduct a review with the residentiary canon of his or her exercise of cathedral duties.

• (2) A review under this regulation is to be known as an “annual review” and is in addition to the ministerial development review.

• (3) It shall be the duty of each executive residentiary canon to co-operate in any annual review undertaken under this regulation.

• (4) The dean shall keep a written record of the outcome of any annual review and of any relevant matters relating to such a review, which shall be signed by the residentiary canon and the dean.

• (5) In this regulation, “executive residentiary canon” means a residentiary canon who is an executive member of the Chapter of the cathedral concerned; and “executive member” and “cathedral duties” each have the same meaning as in the Cathedrals Measure 2021.

Continuing ministerial education

Special leave for qualifying residentiary canons

22A

• (1) When allowing a period of special leave to a qualifying residentiary canon, the dean of the cathedral shall notify the diocesan bishop in writing.

• (2) Where the dean of a cathedral has allowed a qualifying residentiary canon a period or periods of special leave in any calendar year totalling three months, the dean may not allow any further period of special leave to the qualifying residentiary canon in that calendar year without having obtained the written consent of the diocesan bishop.

Continuing ministerial development