Victorian Legislation and Parliamentary Documentsi
Version No. 001
Church of England Act 1854
Act No. 45/1854
Version incorporating amendments as at 26 February 2003
TABLE OF PROVISIONS
Section Page
Synod may be convened 1
Regulations of Synod binding on Bishops, Clergy and Members
of Church 1
Synod may establish a Commission 2
Powers of Synod and Commission 3
Regulations of Synod not to affect right of appeal etc. 3
Regulations of Synod not to be contrary to Act of Council etc. 4
Mode of summoning a Synod 4
Chairman to be elected etc. 4
Representatives to be elected 5
Mode of Election etc. 5
Certificate to be given etc. 6
Declaration to be made 6
Synod may make regulations etc. 6
13A. Lay membership of Synod 7
Provisions for cases not provided for, regulations etc. 7
Copy of regulations to be transmitted to Archbishop 8
Provisional Acts valid 8
Repealed 8
Royal prerogative not interfered with 9
Definition 9
═══════════════
ENDNOTES 10
General Information 10
Table of Amendments 11
Explanatory Details 12
Victorian Legislation and Parliamentary Documents1
Version No. 001
Church of England Act 1854
Act No. 45/1854
Version incorporating amendments as at 26 February 2003
An Act to enable the Bishops Clergy and Laity of the United
Church of England and Ireland in Victoria to provide for the
regulation of the affairs of the said Church.
[Reserved for Her Majesty's Approval.]
Preamble
WHEREAS it is expedient to provide for the
regulation and management of the affairs of the
United Church of England and Ireland in Victoria:
BE IT THEREFORE ENACTED by His Excellency the
Lieutenant Governor in Victoria by and with the advice and
consent of the Legislative Council thereof as follows:
Synod may be convened 1
It shall be lawful for any Bishop of the United
Church of England and Ireland in Victoria to
convene a Synod of the licensed Clergy and the
Laity of such Church in his diocese. And the
Bishop or in his absence a Commissary appointed
in writing by him shall preside in such Synod.
Regulations of Synod binding on Bishops, Clergy
and Members of Church
Every regulation act and resolution of such Synod
made by the Bishop and the Clergy and Laity
thereat respecting the affairs of the said Church
including all advowson and right of patronage
shall be binding on every such Bishop and his
successors and on the Clergy and Lay members of
S. 1
amended by
No. 1947 s. 3.
S. 2
amended by
No. 1947 s. 3.
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
2
the said Church residing within the diocese for
which such Synod shall have been convened and
on none other and on them only so far as such
regulation act or resolution may concern the
position rights duties and liabilities of any
minister or member of the said United Church or
any person in communion therewith in regard of
his ministry membership or communion or may
concern the advowson or right of patronage in or
management of the property of the said Church.
Provided that no such regulation act or resolution
shall be valid except it be made with the
concurrence of a majority both of the Clergy and
of the Laity the votes of the Clergy and those of
the Laity being separately taken and except it
receive the assent of the Bishop.
3. Synod may establish a Commission
It shall be lawful for any such Synod by any
regulation act or resolution as aforesaid to
establish a Commission for the trial of all
Ecclesiastical offences and also to frame rules for
the conduct management and mode of proceeding
in and under such Commission and all such rules
from time to time to vary alter and repeal. And
such Commission shall be so constituted as such
Synod may deem expedient. Provided that no such
Commission nor any person acting thereunder
shall by virtue of this Act have or exercise any
jurisdiction over persons who are not Clergymen
of the said United Church of England and Ireland.
And provided also that such Commission and the
persons acting thereunder shall report to the
Bishop within whose diocese any such offence
shall occur their opinion of the matters referred to
them and the penalty which they would
recommend to be imposed which penalty the
Bishop shall not have the power to exceed.
S. 3
amended by
No. 1947 s. 3.
s. 3
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
3
4. Powers of Synod and Commission
It shall not be lawful by any regulation act or
resolution of any such Synod nor by the sentence
of any Commission as aforesaid or any person
acting thereunder to impose any penalty or
disability other than such as may be consequent
upon a sentence of suspension from or deprivation
of an ecclesiastical office or benefice or may
affect such advowson right of patronage or
property as aforesaid.
5. Regulations of Synod not to affect right of appeal
etc.
No regulation of any such Synod which shall
affect any right of appeal to Her Majesty in
Council or to the Archbishop of Canterbury or to
the Metropolitan of the province or the
subordination of the said Bishops Clergy and
Laity to the Metropolitan or to the said
Archbishop shall be valid unless the consent of
the said Archbishop or of the said Metropolitan
thereto be previously or thereafter signified by
him under his hand and seal nor unless such
regulation be confirmed by an order of the
Archbishop of Canterbury and no regulation act or
resolution made or passed at any Synod shall be
valid which shall alter or be at variance with the
authorised standards of faith and doctrine of the
United Church of England and Ireland or shall
alter the oaths declarations and subscriptions now
by law or canon required to be taken made and
subscribed by persons to be consecrated ordained
instituted or licensed within the said Church.
S. 4
amended by
No. 1947 s. 3.
s. 4
S. 5
amended by
No. 1947 s. 3.
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
4
6. Regulations of Synod not to be contrary to Act of
Council etc.
No regulation act or resolution of any such Synod
shall be contrary to the statute conferring a
Constitution on Victoria or to any Act of the
Legislature of Victoria or have legal force or
validity as against any such Act.
7. Mode of summoning a Synod
Where any Bishop of the said United Church in
Victoria shall see fit to convene a Synod as
aforesaid such Bishop shall at such time as to him
may seem meet previous to the first Synod in his
diocese summon thereto the Clergy being
Incumbents or licensed by the Bishop within such
diocese and the lay representatives of the diocese
elected as hereinafter provided and for electing
such representatives shall require each clergyman
instituted or licensed to a separate cure of souls to
summon a meeting of the laymen of the Church of
the age of twenty-one years and upwards resident
within his parish and at such time (within limits
which may be prescribed by such Bishop) and at
such place within the parish or district as to such
clergyman may seem convenient and every such
lay member as aforesaid shall be entitled to vote at
such election.
8. Chairman to be elected etc.
The said meeting so soon as five persons at the
least are assembled shall proceed to elect a
Chairman by a majority of those present and the
Clergyman may be present and qualified to act as
such Chairman and the Chairman shall cause a list
to be made of those who shall be present and add
thereto the names of any who shall subsequently
attend before the proceedings are closed and shall
claim to vote thereat. And every such layman
S. 6
amended by
No. 1947 s. 3.
s. 6
S. 7
amended by
No. 1947 s. 3.
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
5
present shall before taking part or voting at such
meeting sign the following declaration:
"I A. B. whose name is hereto subscribed do
declare that I am a Member of the United
Church of England and Ireland and belong to
no other religious denomination.".
Provided that no person shall be entitled to vote at
any such meeting who is known to have impugned
the doctrines or discipline of the said Church.
9. Representatives to be elected
Every such meeting shall choose as a
Representative one male person who shall have
been a Communicant of the said Church for at
least the term of twelve months preceding the day
of such meeting. And if more than fifty and less
than one hundred persons shall attend and vote it
shall be lawful for such meeting to elect one
additional Representative and so for each
additional fifty persons attending and voting as
aforesaid. Provided that no parish or district shall
return more than four such Representatives.
10. Mode of Election etc.
In case at any such meeting the number of persons
proposed for election exceed the number which
the meeting is authorised to elect the Chairman
shall take in writing the votes of the qualified
persons present and enumerated as aforesaid and
every such person may give one vote for each of
such of the persons proposed not exceeding the
number which the meeting is authorised to elect as
he may think fit and the Chairman shall declare
the number of the votes given for each of the
persons proposed and the Chairman if he be not a
Clergyman shall be entitled to vote at and may be
elected by such meeting. And where the votes of
two or more persons are equal the Chairman if he
s. 9
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
6
be not a Clergyman may give a double vote and if
he be a Clergyman may give a casting vote for
any such person.
11. Certificate to be given etc.
The Chairman shall cause to be delivered to each
person elected a certificate of his election and
shall sign the minutes of the meeting in token of
their correctness and unless he be the Clergyman
of the parish or district shall forward them to such
Clergyman together with all certificates
subscriptions and lists which had been laid before
the said meeting and a certificate of the names
callings and addresses of the persons chosen and
the Clergyman shall forward the said documents
to the Bishop to be laid before the Synod at the
meeting thereof.
12. Declaration to be made
Each Lay Representative elected as aforesaid shall
before taking part or voting at such Synod sign
and deliver to the President thereof a declaration
in the form following:
"I A. B. whose name is hereto subscribed do
declare that I am a Communicant of the
United Church of England and Ireland and
belong to no other religious denomination.".
13. Synod may make regulations etc.
It shall be lawful for the first or any future Synod
as aforesaid to make such regulations acts or
resolutions as it may deem fit for altering the
constitution of such Synod with respect to the
number election and qualification of the lay
members thereof the manner in which the votes of
the Clergy and Laity may be taken and the
declarations to be signed by the electors or lay
members as aforesaid (provided that every such
lay member shall declare himself a communicant
S. 11
amended by
No. 1947 s. 3.
s. 11
S. 12
amended by
No. 1947 s. 3.
S. 13
amended by
No. 1947 s. 3.
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
7
of such Church) and also for determining the
mode in and the conditions under which such
advowson or right of patronage as aforesaid may
be exercised for the licensing of Clergymen by the
Bishop for the adjournment and prorogation of
such Synods and the calling of future Synods and
the mode of election of the lay members thereof
and every such Synod may repeal alter or vary
such regulations acts or resolutions.
13A. Lay membership of Synod
On and after the commencement of the Anglican
Church of Australia Act 1985, the power of a
Synod to alter the constitution of that or any future
Synod with respect to lay membership includes
the power to provide for the election, nomination
or appointment of lay members, whether or not as
representatives of parishes, and for lay members
ex officio.
14. Provisions for cases not provided for, regulations
etc.
The provisions of this Act in relation to the first
convening and holding a Synod in a diocese and
the election of the lay members thereof shall
remain in force and be acted on until the first or
any other Synod shall otherwise provide and in
any case not provided for by this Act or by the
regulations for the time being of any Synod the
Bishop of the diocese may regulate the convening
of any Synod in such diocese and the form and
manner of all proceedings preparatory thereto.
S. 13A
inserted by
No. 10194 s. 3.
s. 13A
S. 14
amended by
No. 1947 s. 3.
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
8
15. Copy of regulations to be transmitted to Archbishop
A copy of the regulations passed at the first Synod
of any diocese to be called under this Act and also
of the rules framed for any such Commission as
aforesaid and from time to time of any alterations
of such regulations and rules shall be sent by the
Bishop of such diocese duly certified under his
hand and seal as testifying his assent thereto to the
Archbishop of Canterbury and also to the
Metropolitan and the said Archbishop may within
six months of his receipt thereof submit the same
with such observations thereon as he may see fit
to make for the consideration of Her Majesty in
Council and Her Majesty by and with the advice
of Her Privy Council may allow or disallow the
same as to Her Majesty shall seem fit and the
regulations and rules so allowed and a notification
of such regulations and rules as may be
disallowed shall be forthwith transmitted by the
Archbishop to the Bishop transmitting the same
and shall by such Bishop be published in his
diocese.
16. Provisional Acts valid
Any Regulation or Rule disallowed by Her
Majesty as aforesaid after the notification of the
disallowance thereof shall have been received by
the Bishop shall cease to be in force but any act
matter or thing done under or in accordance with
any such regulation or rule before such receipt of
the notification of the disallowance thereof shall
have the same validity and effect as if such
regulation or rule had been allowed.
S. 15
amended by
No. 1947 s. 3.
s. 15
S. 17
repealed by
No. 1947 s. 2.
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
9
18. Royal prerogative not interfered with
Nothing herein contained shall affect the right to
nominate or appoint any Metropolitan or Bishop
of the said United Church in Victoria or any other
rights or prerogatives of Her Majesty save so far
as the advowson or right of patronage in Victoria
(if any) now vested in Her Majesty may be hereby
expressly impaired diminished or affected.
19. Definition
In the construction and interpretation of the
provisions of this Act the word "Bishop" shall
include the Metropolitan of the Province with
reference to his Metropolitan Diocese.
═══════════════
s. 18
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
10
ENDNOTES
General Information
The Church of England Act 1854 was passed on 30 November 1854 and
reserved for Her Majesty's approval. That approval was given on 25 February
1856 and the Act into operation on 6 June 1856 (Government Gazette 6 June
1856).
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
11
2. Table of Amendments
This Version incorporates amendments made to the Church of England
Act 1854 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Church of England Act 1904, No. 1947/1904
Assent Date: 30.11.04
Commencement Date: 30.11.04
Current State: All of Act in operation
Anglican Church of Australia Act 1985, No. 10194/1985
Assent Date: 8.10.85
Commencement Date: 8.10.85
Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 45/1854
Church of England Act 1854
12
3. Explanatory Details
1 The citation for this Act is "18 Victoria. An Act to enable the Bishops
Clergy and Laity of the United Church of England and Ireland in Victoria to
provide for the regulation of the affairs of the said Church."
Endnotes
Section 1 - Church of England Act 1854 - Church of England Act 1854 | Zoe