Home For clergy and members The Constitution Volume II: Section 1.1 – Canons of the Church in Wales

Volume II: Section 1.1 – Canons of the Church in Wales

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(Promulgation Dates in brackets)

Experimental Use of Proposed Revisions of the Book of Common Prayer, Provisionally Approved by the Bench of Bishops
(29 September 1955)
Removal of Doubt concerning Irregularity of Birth as an Impediment to Admission to Holy Orders
(28 September 1961)
To Permit the Use in Services of the Church in Wales of any version of the Bible Approved by the Bench of Bishops
(2 May 1974)
To Enable Women to be Ordained as Deacons
(16 April 1980)
To Make Provision for Incapacitated Incumbents
(21 April 1982)
To Provide for the Appointment of Days for Ordination in the Church in Wales
(15 September 1982)
To Amend the Canon Law relating to Clerical Disabilities
(19 April 1990)
To Amend the Canon Law relating to the Age for Ordination to the Priesthood
(19 April 1990)
To Enable Women to be Ordained as Priests
(19 September 1996)
For the Removal of Doubt Concerning Marriage After Divorce as an Impediment to Admission to Holy Orders
(13 September 1998)
To make Revised Provision for the Terms of Service of the Holders of Ecclesiastical Offices in the Church in Wales
(23 September 2010)
To Enable Women to be Consecrated as Bishops
(12 September 2013)
To Amend the Cathedral Schemes of the Constitution of the Church in Wales
(12 September 2019)
Service of Blessing following a Civil Partnership or Marriage between two people of the same sex.
(6 September 2021)
To authorise and regulate minor variations to authorised liturgies.
(28 April 2022)

CANONS OF THE CHURCH IN WALES

PART 1

1.

EXPERIMENTAL USE OF PROPOSED REVISIONS OF THE BOOK OF COMMON PRAYER, PROVISIONALLY APPROVED BY THE BENCH OF BISHOPS*

(Promulgated on 29 September 1955)

WHEREAS at its meeting on 13th April, 1950 the Governing Body of the Church in Wales requested His Grace the Archbishop to appoint a Commission called “The Standing Liturgical Commission” whose duty should be to submit from time to time recommendations to the Bench of Bishops concerning such amendments as might be necessary or desirable in the Church’s law of worship.

AND WHEREAS such a Commission has been set up and will submit from time to time recommendations to the Bench of Bishops for revisions of parts of the Book of Common Prayer.

AND WHEREAS it is provided by chapter II of the Constitution that the Governing Body shall have power to make alterations in the Book of Common Prayer provided that no alteration shall be made except by a bill backed and introduced in the Governing Body by a majority of the Order of the Bishops.

AND WHEREAS in the opinion of the Bench of Bishops it may be desirable that before a bill for the revision of a part or parts of the Book of Common Prayer is submitted by the Bench of Bishops for the consideration of the Governing Body the proposed revision should be used experimentally in the parishes for a limited period.

BE IT HEREBY ENACTED that:

A Diocesan Bishop shall have power to authorise for experimental use in the churches within his diocese any proposed revisions of a part or parts of the Book of Common Prayer which have been provisionally approved by the Bench of Bishops, provided that the said authorisation shall be for a limited period not exceeding ten years, and provided that the Governing Body shall have assented to the experimental use of the proposed revision without alteration.

A Diocesan Bishop shall not take action under clause 1 hereof until after the next meeting of the Governing Body following the circulation to the members of the Governing Body of printed copies of the proposed revision.

2.

REMOVAL OF DOUBT CONCERNING IRREGULARITY OF BIRTH AS AN IMPEDIMENT TO ADMISSION TO HOLY ORDERS

(Promulgated on 28 September 1961)

WHEREAS there is doubt whether or not irregularity of birth is an impediment by reason of which a person* ought not to be admitted to Holy Orders.

AND WHEREAS it is desirable that any such doubt shall be removed.

BE IT HEREBY ENACTED AND DECLARED that irregularity of birth shall henceforth in the Church in Wales not be a canonical impediment by reason of which a person* ought not to be admitted to Holy Orders.

3.

TO PERMIT THE USE IN SERVICES OF THE CHURCH IN WALES OF ANY VERSION OF THE BIBLE APPROVED BY THE BENCH OF BISHOPS

(Promulgated on 2 May 1974)

WHEREAS under the provisions of chapter II of the Constitution of the Church in Wales the Governing Body has power to make alterations in the Book of Common Prayer in use in the Church in Wales, in manner therein provided.

AND WHEREAS a Diocesan Bishop has power to authorise for experimental use in the churches within his diocese any revision of a part of the Book of Common Prayer which has been provisionally approved by the Bench of Bishops pursuant to the Canon in that behalf promulgated on the 29th day of September 1955.

AND WHEREAS it is expedient to permit the use of any version of the Bible approved by the Bench of Bishops for portions of Scripture appointed to be read said or sung in the Book of Common Prayer or in any revised service as aforesaid.

BE IT HEREBY ENACTED as follows:

Wherever in the Book of Common Prayer or in a revised service of the Church in Wales authorised for experimental use pursuant to the Canon for the Experimental Use of Proposed Revisions of the Book of Common Prayer Provisionally Approved by the Bench of Bishops which was promulgated on the 29th day of September 1955 a portion of Scripture is set out or appointed to be read said or sung, a Diocesan Bishop shall have power, within his diocese, to authorise that the corresponding portion contained in any version of the Bible or part of the Bible for the time being approved for that purpose by the Bench of Bishops may be used at the discretion of the minister in place of that set out or appointed in the Book of Common Prayer or in such revised service as aforesaid.

In this Canon the Book of Common Prayer means the Book of Common Prayer for the time being in use in the Church in Wales.

4.

TO ENABLE WOMEN TO BE ORDAINED AS DEACONS

(Promulgated on 16 April 1980)

WHEREAS canon law as received by the Church in Wales has prohibited women hitherto from being admitted to Holy Orders.

AND WHEREAS it is desirable that in the Church in Wales women should be admitted to the Holy Order of Deacons.

BE IT HEREBY ENACTED as follows:

Henceforth in the Church in Wales the fact that a person seeking admission to the Holy Order of Deacons is a woman shall not constitute a canonical impediment to such admission.

The Canon for the removal of doubt concerning irregularity of birth as an impediment to admission to Holy Orders, promulgated on 28th September 1961, shall be amended by the substitution of the word “person” for the word “man” in line 2 of the first recital and in line 3 of the operative clause of the said Canon.

5.

TO MAKE PROVISION FOR INCAPACITATED INCUMBENTS

(Promulgated on 21 April 1982)

WHEREAS it is desirable to provide for the maintenance of the ministry in a parish and for meeting the cost thereof during the incapacity of an Incumbent, and to determine the remuneration of an incapacitated incumbent during his illness.

AND WHEREAS it is desirable to provide a scheme whereby an incapacitated Incumbent may be required to appear before a medical board.

BE IT HEREBY ENACTED as follows:

The Regulations relating to payment to incapacitated Incumbents and the Regulations relating to medical boards, which are set out respectively in the First and Second Schedules hereto, shall henceforth apply to all Incumbents in the Church in Wales.

In this Canon and in the Schedules hereto:

(a) except where there is a specific reference to “the Incumbent of a benefice”, the word INCUMBENT means and includes a person in the full-time stipendiary ministry of the Church in Wales; save that the provisions of the Second Schedule hereto shall not apply to the Archbishop or a Diocesan Bishop;

(b) words importing the masculine gender shall, where applicable, include the feminine gender.

The words “or in the opinion of the Patronage Board as defined in section 10 is incapacitated by temporary infirmity for the due performance of the duties,” in the third to fifth lines of section 56(2) of chapter VII[1] of the Constitution, be deleted.

THE FIRST SCHEDULE BEFORE REFERRED TO

As amended under the provisions of the Incapacitated Incumbents (Amendment) Canon 1985 with effect from 1 June 1996 and the provisions of the Miscellaneous Amendments (Chapter XI[2] and Incapacitated Incumbents) Canon 2006 with effect from 20 September 2006.

Regulations relating to payments to Incapacitated Incumbents

(1) If an Incumbent is incapacitated, he shall forthwith inform the body or person responsible for the payment of his stipend of the date on which he first became incapacitated and the nature of his incapacity, but information to this effect received from any other source and communicated in writing to the Incumbent may be treated as coming from him.

(2) Upon receipt of information under the foregoing sub-regulation, the body or person responsible for the payment of the Incumbent’s stipend shall forward to him a form of absence statement, which statement shall be completed and returned to the sender by the Incumbent when he is able to resume his normal duties.

(3) If an Incumbent’s incapacity continues for more than seven days, an appropriate medical certificate shall be sent to the body or person responsible for the payment of the Incumbent’s stipend, and thereafter further medical certificates, as may be required by such body or person, shall be sent until the incapacity terminates.

(1) If an Incumbent (not being the Incumbent of a benefice annexed to a cathedral) is incapacitated, the Rural Dean shall be notified.

(2) When the incapacitated Incumbent is a Rural Dean, the Archdeacon shall be notified. When the incapacitated Incumbent is an Archdeacon, the Bishop shall be notified.

During the first twenty-six weeks of his incapacity an Incumbent shall be entitled to his full stipend and any regular payments made in respect of expenses, less any sickness benefits for which he is eligible during that period.

During any period of incapacity continuing beyond the first twenty-six weeks an Incumbent shall be entitled to one-half of the stipend which would be applicable were he not incapacitated, less any sickness benefits for which he is eligible during that period.

(1) If the incapacity of the Incumbent of a benefice which is not annexed to a cathedral so requires, the Area Dean shall arrange for the maintenance of the ministry in such a benefice. When the incapacitated Incumbent is an Area Dean, the Archdeacon shall arrange for his duties to be carried out. When the incapacitated Incumbent is an Archdeacon, the Bishop shall arrange for his duties to be carried out.

(2) At the end of every quarter or at the termination of the incapacity of an Incumbent of a benefice whichever shall be the earlier, the Area Dean or the Archdeacon, as the case may be, shall submit to the Diocesan Board of Finance a schedule of the cost of the maintenance of the ministry, which cost shall be borne by the Maintenance of Ministry Fund for the diocese concerned. The scale of fees and expenses payable for services shall be that provided for vacant incumbencies.

It shall be the duty of an Incumbent, within the prescribed period, to claim all statutory benefits for which he is eligible and, on request, to inform the Diocesan Board of Finance of the amount thereof.

The incapacity of an Incumbent shall be deemed to terminate when either he is able (as evidenced by the completion and return of an absence statement and, if the period of incapacity has exceeded seven days, a medical clearance certificate) to resume his normal duties or he retires, whichever first happens.

THE SECOND SCHEDULE BEFORE REFERRED TO

Regulations relating to medical boards

When an Incumbent has been incapacitated by physical or mental ill-health for a continuous period exceeding four weeks, or for a total of twenty-eight days in any one period of three months, the Bishop may require him to appear before a medical board (hereinafter called the Board), constituted as hereinafter provided.

The Board shall consist of an Archdeacon and two lay persons, both of whom shall be registered medical practitioners. The Board shall advise the Bishop as to whether in its opinion the Incumbent is unable by reason of incapacity of mind or body temporarily or permanently to discharge the duties of his office.

Each Diocesan Bishop, from his diocese, shall nominate to a list (hereinafter called the Provincial List) an Archdeacon and two lay persons, both of whom shall be registered medical practitioners. The names of such three persons shall remain on the Provincial List for a period of three years and they shall be eligible for re-nomination. Any vacancy in the Provincial List shall be filled by a further nomination for three years by the Bishop. Anyone may resign from the Provincial List by written notice to the Secretary of the Representative Body.

When an Incumbent is required to appear before the Board the Secretary of the Representative Body, acting as Secretary of the Board, shall select from the Provincial List the members of the Board for that occasion, but the Board shall not include anyone nominated from the diocese in which such Incumbent is then serving.

An Incumbent who is required to appear before the Board shall be given at least fourteen days’ prior written notice to that effect, and shall be entitled to be represented or accompanied before the Board by one person.

The findings of the Board shall, within fourteen days of its deliberations, be reported simultaneously to the Bishop and to the Incumbent. In the event of disagreement between any members of the Board, the majority view shall prevail. The Board shall be required to disclose reasons for its findings to the Incumbent, if he so desires.

An Incumbent, if so required by the Board, must ask his own medical adviser to produce to the Board evidence of the Incumbent’s medical condition relevant to the incapacity, and the Board may require an Incumbent to submit to an independent medical examination.

All expenses of the Board and of the Incumbent incurred under this Schedule shall be borne by the Representative Body.

6.

TO PROVIDE FOR THE APPOINTMENT OF DAYS FOR ORDINATION IN THE CHURCH IN WALES

(Promulgated on 15 September 1982)

WHEREAS it is expedient to provide for the appointment of days on which it shall be lawful to ordain to the Sacred Ministry in the Church in Wales.

BE IT HEREBY ENACTED as follows:

On and after the date hereinafter specified for the coming into force and effect of this Canon, it shall be lawful within and throughout the Province of Wales to ordain to the Sacred Ministry upon such days as may from time to time be appointed for that purpose by the Bench of Bishops.

The Canon for extending the number of days on which Deacons may be made and Priests may be ordained in the Church in Wales, promulgated on 27th September 1973, is hereby repealed, but nothing herein shall be deemed to revive any earlier Canon repealed by the said Canon of 27th September 1973.

The provisions of this Canon shall come into force and effect on such day as the Bench of Bishops shall appoint.

7.

TO AMEND THE CANON LAW RELATING TO CLERICAL DISABILITIES

(Promulgated 19 April 1990)

WHEREAS the Welsh Church Act, 1914, gave powers to the Church in Wales to make alterations and modifications in ecclesiastical law, including the power of altering and modifying such law so far as it is embodied in Acts of Parliament.

AND WHEREAS it is desirable that the Clerical Disabilities Act, 1870, should cease to form part of the Canon Law of the Church in Wales and be replaced by provisions allowing Deeds of Relinquishment of Holy Orders to be enrolled in the Registry of the Lord Archbishop of Wales.

AND WHEREAS it is desirable to provide means whereby Deeds of Relinquishment of Holy Orders can for good cause be vacated.

AND WHEREAS it is desirable to provide for the deposition from Holy Orders and expulsion from office of clerics of the Church in Wales who have been convicted before the Provincial Court of conduct giving just cause for scandal or offence.

BE IT HEREBY ENACTED as follows:

The Clerical Disabilities Act, 1870, shall cease forthwith to form part of the ecclesiastical law of the Church in Wales, and paragraphs (d) to (j) of section 36 of chapter XI[3] of the Constitution of the Church in Wales shall be renumbered (e) to (k) and a new paragraph (d) be inserted to read:

(d) the Clerical Disabilities Act, 1870;

(1) Any person admitted (before or after the passing of this Canon) to the office of cleric in the Church in Wales may, after having resigned such office any and every preferment held by him or her in the Church in Wales, execute a Deed of Relinquishment in the form set out in the schedule hereto.

(2) Within 28 days of executing such Deed the said cleric shall:

(a) cause the same to be enrolled in the Registry of the Lord Archbishop of Wales;

(b) deliver an office copy of such enrolment to the Bishop of the diocese in which he or she last held a preferment or, if he or she has not held any preferment, to the Bishop of the diocese in which he or she is then resident, stating, in either case, his or her then place of residence;

(c) upon delivery of an office copy to the Bishop of a diocese in accordance with sub-section (2)(b) hereof, give notice of such delivery to the Archbishop of the Province within which the said diocese is situate;

otherwise the Deed shall be deemed void.

(3) At the expiration of six months after an office copy of the enrolment of a Deed of Relinquishment has been so delivered to a Bishop, he or his successor in office shall, on the written application of the person executing the Deed, cause the Deed to be recorded in the Registry of the diocese, and thereupon and thenceforth (but not sooner) the following consequences shall ensue with respect to the person executing the Deed:

(a) he or she shall be incapable of officiating or acting in any manner as a cleric of the Church in Wales, and of taking or holding any preferment therein, and shall cease to enjoy all rights, privileges, advantages, and exemptions attached to the office of cleric in the Church in Wales;

(b) every licence, office, and place held by him or her for which it is by law an indispensable qualification that the holder thereof should be a cleric of the Church in Wales shall be ipso facto determined and void;

(c) he or she shall be by virtue of this Canon discharged and free from all disabilities, disqualifications, restraints, and prohibitions to which, if this Canon or the Clerical Disabilities Act, 1870, had not been passed, he or she would, by force of any of the enactments mentioned in the first schedule to the Clerical Disabilities Act, 1870, or of any other law, have been subject as a person who had been admitted to the office of cleric in the Church in Wales, and from all jurisdiction, penalties, censures, and proceedings to which, if this Canon had not been passed, he or she would or might, under any of the same enactments or any other law, have been amenable or liable in consequence of his or her having been so admitted and of any act or thing done or omitted by him or her after such admission.

Provided that if no such written application has been received at the expiration of nine months after the enrolment, the Deed shall be deemed void and the original endorsed accordingly.

(4) For the purposes of any proceedings instituted within the aforesaid period of six months against a person executing a Deed of Relinquishment under this Canon, the service of any citation, notice or other documents at the place stated by him or her in pursuance of this Canon as his or her place of residence shall be good service.

(5) A copy of the record in the Registry of a diocese of a Deed of Relinquishment under this Canon, duly extracted and certified by the Registrar, shall be evidence of the due execution, enrolment, and recording of the Deed, and of the fulfilment of all the requirements of this Canon in relation thereto. The Registrar shall, on the application of the person executing the Deed, give to him or her a copy of the record duly extracted and certified, on payment of a fee for the recording and copy thereof.

(6) Nothing in this Canon shall relieve any person or his or her estate from any liability in respect of dilapidations or from any debt or other pecuniary liability incurred or accrued before or after his or her execution of a Deed of Relinquishment under this Canon, and the same may be enforced and recovered as if this Canon or the Clerical Disabilities Act, 1870, had not been passed.

(1) Any person who has relinquished the rights, privileges, advantages and exemptions of the office of cleric in the Church in Wales in the manner provided by the Clerical Disabilities Act, 1870, or this Canon, may at any time after the Deed of Relinquishment executed by him or her has been recorded in the Registry of a diocese, present to the Archbishop of the Province in which such diocese is situate a petition in writing verified by a statutory declaration setting forth:

(a) the circumstances and reasons in and for which he or she executed the Deed of Relinquishment;

(b) the nature of the work or employment upon or in which he or she has been engaged, and the place or places in which he or she has resided subsequently to executing the Deed of Relinquishment;

(2) The Archbishop shall after consultation with the Bishop of the diocese, not being his own diocese, in which the Deed of Relinquishment has been recorded, and after such other enquiry and consultation as he shall deem necessary, communicate his decision to the petitioner and may, if he shall think fit, either forthwith or after an interval, by writing under his hand and archiepiscopal seal, request the vacation of the enrolment of the Deed of Relinquishment executed by the petitioner.

(3) Upon the production of such request such enrolment shall, subject to any rules of Court being complied with, be vacated.

(4) After the vacation of the enrolment of a Deed of Relinquishment under this Canon, or the Clerical Disabilities Act, 1870, the Bishop of the diocese in the Registry of which such Deed is recorded shall cause the vacation of the enrolment thereof to be likewise recorded in such Registry and thereupon, with respect to the person who has executed the Deed, the consequences mentioned in paragraphs (1) and (3) of section 4 of the Clerical Disabilities Act, 1870, or of paragraphs (a) and (c) of section 2 of this Canon shall, subject to the provisions of this Canon, cease to have effect.

(5) A cleric who has executed a Deed of Relinquishment, the vacation of the enrolment of which has been recorded under this Canon, shall, during a period of two years after the date of the recording of the vacation, be incapable of holding any benefice or other preferment including the office of a curate licensed under seal, but, subject as aforesaid, may to such extent and under such conditions as the Bishop of any diocese may determine, officiate as a cleric in such diocese under the permission of such Bishop.

(6) After the said period of two years such cleric shall be capable of holding any benefice or other preferment as aforesaid which he or she is entitled to hold under the Constitution or canon law of the Church in Wales, in any diocese, subject to the consent of the Bishop of such diocese being first obtained, and so that a consent given under this sub-section may be either a general consent or consent given in respect of some particular benefice or preferment.

(7) A copy of the record in the Registry of a diocese of the vacation under this Canon of the enrolment of a Deed of Relinquishment duly extracted and certified by the Registrar of the diocese shall be evidence of such vacation and of the recording of such vacation.

(8) The Registrar of the diocese shall, on application of the cleric concerned, give to him or her a copy of such record duly extracted and certified, on payment of a fee.

Sub-sections (2) to (4) of section 25[4] of chapter XI of the Constitution of the Church in Wales shall be renumbered sub-sections (3) to (5), and the following new sub-section (2) shall be inserted:

(2) Where a charge under section 18(e)(ii) hereof for conduct giving just cause for scandal or offence has been brought against a cleric of the Church in Wales by the Bishop of the diocese in which he or she holds office or resides, a judgement, sentence or order of the Provincial Court may include a recommendation to the aforesaid Bishop that the cleric be deposed from Holy Orders and expelled from the office of cleric of the Church in Wales, and the Bishop may make such order on the recommendation as he shall think fit, provided always that if he decides to make an order of deposition and expulsion:

(a) he shall execute a Deed of Deposition and Expulsion;

(b) he shall cause the same to be enrolled in the Registry of the Lord Archbishop of Wales;

(c) the Archbishop’s Registrar shall forthwith deliver an office copy of the enrolment to the Diocesan Bishop and to the cleric, and give notice to the Archbishop of his having so done.

Within six months of the enrolment of the Deed, the cleric may by written notice delivered to the Archbishop’s Registrar appeal against the decision of the Bishop to the Provincial Synod of the Church in Wales, the decision of which shall be final. At the expiration of six months after the enrolment of the Deed or, in the event of an appeal, immediately after the determination of such appeal by the Provincial Synod, the Bishop or his successor in office shall cause the Deed to be recorded in the Registry of the diocese, and thereupon and thenceforth (but not sooner) the same consequences shall ensue with regard to the person deposed and expelled in the Deed as if he or she had executed, enrolled and recorded a Deed of Relinquishment.

A Deed of Deposition and Expulsion executed in accordance with section 25(2)[5] of chapter XI of the Constitution of the Church in Wales may be vacated in the same form and manner, and to the same effect, as a Deed of Relinquishment, in accordance with the provisions of section 3 hereof.

Section 34[6] of chapter XI of the Constitution shall be deleted and the following substituted therefor:

34.

Subject to the provisions of the Constitution, the power of the Archbishop, a Diocesan Bishop, the Provincial Court, the Special Provincial Court and the Supreme Court shall include that of passing a sentence of monition, suspension or expulsion of office in, or deposition from Holy Orders and expulsion from the office of cleric of, the Church in Wales.

This Canon may be cited as the Clerical Disabilities Canon, 1990.

The Schedule

Form of Deed of Relinquishment

Know all men by these presents, that I

A. B. of

having been admitted to the office of priest (or deacon as the case may be) in the Church in Wales and having resigned (here to be inserted description of late preferment, if any,) do hereby, in pursuance of the Clerical Disabilities Canon, 1990, declare that I relinquish all rights, privileges, advantages and exemptions of the offices by law belonging to it.

IN WITNESS whereof I have hereunto set my hand and seal this

day of 20

(Signed) A. B.

(Sealed)

Executed by A.B. in the presence of

C.D.

of (address of witness)

8.

TO AMEND THE CANON LAW RELATING TO THE AGE FOR ORDINATION TO THE PRIESTHOOD

(Promulgated 19 April 1990)

AND WHEREAS it is desirable that the Clergy Ordination Act, 1804, should cease to form part of the canon law of the Church in Wales and should be deemed to have ceased to form part of the canon law of the Church in Wales from the time of Disestablishment.

AND WHEREAS it is desirable that the Archbishop of Wales should be empowered to issue Permissions whereby persons who have not attained the age of twenty-four years may be ordained to the priesthood provided that they have attained the age of twenty-three years.

BE IT HEREBY ENACTED as follows:

(1) The Clergy Ordination Act, 1804, shall cease to form part of the ecclesiastical law of the Church in Wales, and shall be deemed to have ceased to form part of the ecclesiastical law of the Church in Wales from March 30th 1920.

(2) Paragraphs (a) to (k) of section 36[7] of Chapter XI of the Constitution of the Church in Wales shall be renumbered (b) to (l) and a new paragraph (a) to be inserted to read:

(a) The Clergy Ordination Act, 1804;

It shall be lawful for the Archbishop of Wales to grant a Faculty to a person over the age of twenty-three years to be admitted a Priest in any Diocese in the Province of Wales and to preach and administer the Sacraments although such person has not attained the full age of twenty-four years.

This Canon may be cited as the Age of Ordination Canon, 1990.

9.

TO ENABLE WOMEN TO BE ORDAINED AS PRIESTS

(Promulgated on 19 September 1996)

WHEREAS canon law as received by the Church in Wales prohibited women from being admitted to Holy Orders.

AND WHEREAS the Church in Wales has provided for the admission of women to the Holy Order of Deacons.

AND WHEREAS it is now appropriate in the Church in Wales that women be ordained as Priests.

AND WHEREAS it is the intention of the Church in Wales to continue the ministry of the universal Church in its threefold order of Bishops, Priests and Deacons and to remain part of the One Holy, Catholic and Apostolic Church.

AND WHEREAS the Bench of Bishops is unanimously committed to collegial action in order to secure a continuing place in the life of the Church in Wales for people of differing conscientious convictions on this issue, and has published pastoral guidelines to this end.

AND WHEREAS the Church in Wales, subject to the provisions of the civil law relating to sex discrimination, wishes to respect those who in conscience cannot accept that women be ordained as Priests.

BE IT HEREBY ENACTED as follows:

Henceforth in the Church in Wales women may be ordained as Priests.

No Bishop shall be obliged to bring proceedings before the Provincial Court under the provisions of section 18(e)(i) or (ii) of Chapter XI[12] of the Constitution in respect of a cleric or other member of the Church in Wales who dissents in conscience from the terms of section 1 hereof.

Wheresoever in the Constitution of the Church in Wales, the Book of Common Prayer for use in the Church in Wales or any form of service lawfully authorised for use in the Church in Wales reference is made to a Priest, the reference shall be deemed to include women who have been ordained as Priests where such an interpretation is in accordance with the purposes of section 1 hereof.

The provisions of this Canon shall come into force and effect on such day as the Bench of Bishops shall appoint.

10.

FOR THE REMOVAL OF DOUBT CONCERNING MARRIAGE AFTER DIVORCE AS AN IMPEDIMENT TO ADMISSION TO HOLY ORDERS

(Promulgated on 13 September 1998)

WHEREAS there is doubt whether or not marriage following divorce during the lifetime of a former spouse or marriage to a divorced person during the lifetime of that person’s former spouse is an impediment by reason of which a person ought not to be admitted to Holy Orders.

AND WHEREAS it is desirable that any such doubt be removed.

BE IT HEREBY ENACTED AND DECLARED that from the day appointed by the Bench of Bishops for the coming into force and effect of this Canon:

(a) marriage following divorce during the lifetime of a former spouse; and

(b) marriage to a divorced person during the lifetime of that person’s former spouse,

shall both be recognised as canonical impediments in the Church in Wales by reason of which a person shall not be admitted to Holy Orders;

provided that the Bench of Bishops shall have power to grant dispensations from these impediments in individual cases following consultation with a provincial panel of advisers set up under the authority of this Canon and upon which each diocese shall be represented.

11.

TO MAKE REVISED PROVISION FOR THE TERMS OF SERVICE OF THE HOLDERS OF ECCLESIASTICAL OFFICES IN THE CHURCH IN WALES

(Promulgated 23 September 2010)

WHEREAS the Governing Body of the Church in Wales has decided that there should be a revised basis for the Terms of Service of the holders of Ecclesiastical Offices in the Church in Wales in accordance with the terms of this Canon.

BE IT HEREBY ENACTED as follows:

COMMON TENURE

(1) The terms of service under which persons to whom this Canon applies hold office shall be known as Common Tenure.

(2) Subject to the provisions of this section, this Canon shall apply to each of the following holders of ecclesiastical offices who in the case of any such person as is referred to in paragraphs (a) to (h):

(i) is appointed to an office after the coming into force of this section, and

(ii) holds office on the coming into force of this section and has agreed to the application of this Canon to him or her in accordance with subsections (5) and (6)

(3) The holders of ecclesiastical offices referred to in subsection (2) are:

(a) the Archbishop of Wales (in this Canon hereinafter referred to as “the Archbishop”);

(b) any diocesan bishop;

(d) any dean, canon or other person in holy orders holding stipendiary office in a cathedral;

(e) any archdeacon;

(f) any incumbent;

(g) any other person in holy orders who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised; and

(h) any deaconess, reader or lay worker who exercises his or her office or ministry in accordance with a licence from the bishop of the diocese in which the office is exercised who receives a stipend or other emoluments of office (including the provision of accommodation) in respect of his or her office.

(4) Any person to whom Common Tenure applies shall hold his or her office in accordance with the Statement of Terms of Service for Common Tenure made under Section 2.

(5) As soon as practicable after this sub section comes into force:

(a) the Archbishop shall notify, in writing, every diocesan bishop holding office in the Church in Wales on that date,

(b) the Senior Bishop shall notify, in writing, the Archbishop, and

(c) each diocesan bishop shall notify, in writing, each assistant bishop and every person referred to in subsections (3)(d) to (h) holding office in his diocese on that date,

requesting him or her to indicate in writing whether or not that person agrees to Common Tenure and, if so, to make a declaration in writing to that effect.

(6) From the date of the receipt by the Archbishop, the Senior Bishop or the Diocesan Bishop as the case may be of the indication in writing referred to in subsection (5) where a person has indicated agreement to Common Tenure applying to him or to her it shall so apply from such date.

IMPLEMENTATION

(1) The Representative Body shall prepare and publish a Statement of Terms of Service for Common Tenure which shall without prejudice to the generality of this obligation include provision for:

(a) terms and conditions of work;

(b) the resolution of disputes;

(d) the publication of information and consultation thereon.

(2) The Statement of Terms of Service referred to in subsection (1) and any proposed amendment thereto shall be laid before the Governing Body and shall not come into force until approved by the Governing Body.

SHORT TITLE

This Canon may be cited as the Clergy Terms of Service Canon 2010.

COMMENCEMENT

This Canon shall come into force on such day as the Bench of Bishops may appoint and different days may be appointed for different provisions.

12.

TO ENABLE WOMEN TO BE CONSECRATED AS BISHOPS

(Promulgated 12 September 2013)

WHEREAS the Law and Constitution of the Church in Wales has hitherto not permitted women to be consecrated as bishops

AND WHEREAS it is now appropriate in the Church in Wales that women be eligible for consecration to the Holy Order of Bishops

AND WHEREAS the Church in Wales intends to continue the ministry of the universal church in its threefold orders of Bishops, Priests and Deacons and to remain part of the One, Holy, Catholic and Apostolic Church

AND WHEREAS the Church in Wales, subject to the provisions of the civil law relating to equality and other relevant matters, wishes to respect those who in conscience cannot accept that women be eligible for consecration to the Holy Order of Bishops

BE IT HEREBY ENACTED as follows:

Henceforth in the Church in Wales women may be consecrated as bishops.

Wheresoever in the Constitution of the Church in Wales, the Book of Common Prayer for use in the Church in Wales or any form of service lawfully authorised for use in the Church in Wales reference is made to a bishop the reference shall be deemed to include women who have been consecrated as bishops.

The provisions of this Canon shall come into force one year after promulgation of this Canon.

In approving this Canon the Governing Body entrusts the Bench of Bishops without delay to agree a Code of Practice which commits the Bench to making provisions such that all members of the Church in Wales including those who in conscience dissent from the provision of section 1 may have a sense of security in their accepted and valued place within the Church in Wales.

13.

TO AMEND THE CATHEDRAL SCHEMES OF THE CONSTITUTION OF THE CHURCH IN WALES

(Promulgated 12 September 2019)

WHEREAS the Governing Body of the Church in Wales has resolved that the Cathedral Schemes in Section 3 Volume II of the Constitution of the Church in Wales for The Cathedral Church of St Asaph, The Cathedral Church of Bangor,

The Cathedral Church of St Davids, The Cathedral Church of Llandaff,

The Cathedral Church of Monmouth, and The Cathedral Church of Brecon shall be amended in manner hereinafter appearing.

BE IT HEREBY ENACTED as follows:

The Schemes of the Cathedrals of the Church in Wales shall no longer be part of the Constitution of the Church in Wales.

For Section 3 of Volume II of the Constitution of the Church in Wales there shall be substituted the text set out in the Schedule to this Canon.

The Canon shall come into force immediately.

This Canon shall be known as The Constitution of the Church in Wales (Cathedral Schemes Amendment) Canon 2019.

The Schedule before referred to

(The new form of Cathedral Scheme)

14.

TO AUTHORISE EXPERIMENTAL USE OF PROPOSED REVISIONS OF THE BOOK OF COMMON PRAYER (service of Blessing following a Civil Partnership or Marriage between two people of the same sex)

WHEREAS the Order of Clergy and Order of Laity of the Governing Body of the Church in Wales indicated their view by informal poll on 12 September 2018 ‘that it is pastorally unsustainable for the Church to make no formal provision for those in same-sex relationships’.

AND WHEREAS the Bench of Bishops believes that it is desirable that, before a bill for the revision of a part of the Book of Common Prayer is submitted by the Bishops for the consideration of the Governing Body, a proposed form of service be used experimentally in the churches of the Church in Wales for a limited period.

BE IT HEREBY ENACTED that:

A Diocesan Bishop shall have power to authorise for experimental use in the churches within their diocese the form set out in the Appendix for a service of Blessing following a Civil Partnership or Marriage between two people of the same sex for a period of five years from 1 October 2021, subject to the conditions set out below.
No Cleric shall be obliged to officiate at such a service.

15.

A CANON TO AUTHORISE AND REGULATE MINOR VARIATIONS TO AUTHORISED LITURGIES

(Promulgated 28 April 2022)

WHEREAS the Bench of Bishops of the Church in Wales wish to clarify when minor variations may be made to the forms of service authorised for use in the Province,

BE IT HEREBY ENACTED that:

A Cleric having the cure of souls may in their discretion make and use minor variations in any authorised form of service according to particular circumstances and may authorise other officiating ministers to use such variations at any service within their cure.
All such variations in forms of service must be reverent and seemly and must be neither contrary to, nor indicative of any departure from, the doctrine of the Church in Wales.
The Governing Body (by motion) or the Order of Bishops may commend minor variations to any authorised form of service for use by officiating ministers pursuant to section 1 of this Canon.
The Diocesan Bishop shall have power to determine whether any variation (other than a variation authorised under section 3 of this Canon) is:
1. minor;
2. reverent and seemly; or
3. contrary to, or indicative of any departure from, the doctrine of the Church in Wales,
  and the minister shall obey the direction of the Diocesan Bishop in this regard.
No variation to any form of service (or part thereof) listed in the Appendix may be deemed a minor variation unless the variation has been commended in accordance with section 3 of this Canon.
Nothing in this Canon shall affect the existing powers of a Diocesan Bishop to make liturgical provision for occasions for which no provision is made in the Book of Common Prayer.
In this Canon a “Cleric having the cure of souls” means a Cleric who is an Incumbent, a Priest in Charge, a Rector or Vicar in a Rectorial Benefice, or a licensed Cleric granted a cure of souls or particular pastoral responsibility for a church in their licence.

APPENDIX

Form(s) of Service Relevant - Part(s) or Section(s)

All authorised Baptism Services - Baptismal formula

All authorised Marriage Services - Invitation to make allegation of impediment, Declarations and Vows

All authorised Eucharists/Services of Holy Communion - From the Sursum Corda (“Lift up your hearts”) until the conclusion of the distribution of Holy Communion

Ordinal - Charge, Prayers of Ordination

Any form of service authorised for an experimental period - Entirety

[1]

Now s26(2) of Chapter VI and already implemented

[2]

Now Chapter IX

[3]

Now section 5 of Chapter 1

[4]

Now sections 18, 19, 40 and 42 of Chapter IX

[5]

Now section 18 of Chapter IX

[6]

Now section 8 and 18 of Chapter IX

[7]

Now section 5 of Chapter 1

[8]

Now section 13 and Regulation 14 of Chapter IV C

[9]

Now section 11 of Chapter II

[10]

Now section 10 of Chapter VI

[11]

Section 4 has been omitted

[12]

Now section 9 of Chapter IX

[13]

Now section 10 of Chapter VI

Volume II: Section 1.1 – Canons of the Church in Wales

Table of Contents

CANONS OF THE CHURCH IN WALES

PART 1

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