Chapter 1 — Introduction to Church Law
1.1 Since the Isle of Man finally came under the English Crown in 1333, the Church in the Island has been constitutionally a part of the Church of England, although the ecclesiastical law of the Island has always differed in certain respects from that of England. These notes are intended to draw those differences to the attention of clergy and laity, especially those who (like the writer) come from England, so that mistakes and misunderstandings can, as far as possible, be avoided.
1.2 Sir William Dale's The Law of the Parish Church (7th edition, Butterworths, 1998) is the most accessible introduction to ecclesiastical law, and these notes form a gloss or commentary on it, identifying the main points of difference between Manx law and English law. For further information, the reader is referred to the works listed in the bibliography at the end of these notes.
1.3 The constitutional position of the Church (its "establishment") is substantially the same in the Isle of Man as in England. But the Bishop of Sodor and Man, however senior, has no right to sit in the House of Lords, and instead is a member ex officio of the Legislative Council, which is the upper branch of Tynwald, the Manx legislature. Clergy of the Church of England are not disqualified for membership of the House of Keys, the lower branch of the legislature.
1.4 The Parochial Church Councils (Powers) Measure 1956, although extending to the Isle of Man, does not affect the responsibilities of the churchwardens of a parish for the churchyard or other parish burial grounds, which are set out in the Burials Act 1986 (of Tynwald). See paragraph 14.3 below.
Chapter 2 — The Institutions of Church Government
2.1 The Synodical Government Measure 1969 extends to the Isle of Man. So far as it relates to the General Synod and the Convocations, it extends by virtue of section 9(4) of the Measure. The remainder of the Measure (including the Church Representation Rules), relating to diocesan and deanery synods and parochial church councils, is extended to the Island by the Church Act 1987 (of Tynwald), subject to considerable modifications.
2.2 The diocese of Sodor and Man is represented in the house of bishops of the General Synod by the Bishop, in the house of clergy (and the lower house of the Convocation of York) by the Archdeacon and one proctor (clergy representative), and in the house of laity by one lay representative elected by the Diocesan Synod.
2.3 Not all Measures enacted by the General Synod extend to the Isle of Man: some Measures (generally, those dealing with matters spiritual and the central institutions of the Church) extend automatically, some extend if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, and some do not extend at all.
2.4 A considerable body of church law in Isle of Man consists of local legislation, principally Acts of Tynwald, but also an increasing number of Measures passed under delegated powers. The Church Legislation Procedure Act 1993 (of Tynwald) gives the Sodor and Man Diocesan Synod general powers to promote Measures legislating for the Church in the Island; a draft Measure, if approved by the Synod, is considered by the Ecclesiastical Committee of Tynwald, which reports on it to Tynwald; if Tynwald resolves to approve the Measure, it is submitted for Royal Assent, and then takes effect as an Act of Tynwald.
2.5 The Sodor and Man Diocesan Synod is unique in being directly elected by the annual parochial church meetings in the diocese, not by the deanery synods. Deanery synods exist (they comprise the Diocesan Synod representatives of the clergy and laity of the parishes in the deanery), but rarely meet.
Chapter 3 — Parochial Organisation
3.1 The Church Representation Rules extend to the Isle of Man subject to considerable modifications, by virtue of the Church Act 1987 (of Tynwald). See paragraph 14.1 below. It should be noted that, in particular, amendments of the Rules made after 1985 do not apply unless the Diocesan Synod so resolves. The rules for disqualification of charity trustees under the Charities Act 1993 (of Parliament) do not extend to the Island.
3.2 The annual parochial church meeting elects members of the Diocesan Synod, not the deanery synod, every 3 years.
3.3 Four parishes (Marown, Lezayre, Andreas and Maughold) are divided into 2 electoral districts, one attached to the parish church and the other to a chapel of ease; each district is treated as a separate parish for electoral purposes, with its own annual parochial church meeting, parochial church council and Diocesan Synod representatives. Two further chapels (Dalby and St Mark's) are entitled to hold an annual meeting, separate from that of the parish in which they lie; each such meeting elects one lay representative to the Diocesan Synod.
3.4 The Corporate Bodies' Contracts Act 1960 does not apply to the Isle of Man, but as Manx law does not require a seal on a deed, signature of any instrument by authority of the parochial church council is thought to be sufficient.
3.5 The Pastoral Measure 1983 extends to the Isle of Man subject to modifications. The principal difference between its operation in the Island and in England is that the functions of both the pastoral committee and the Church Commissioners for England are undertaken by the Church Commissioners for the Isle of Man, a body established in 1880 and reconstituted by the Church Act 1992 (of Tynwald).
Chapter 4 — The Incumbent
4.1 Although the Ecclesiastical Offices (Age Limit) Measure 1975 does not extend to the Isle of Man, under the Church Act 1992 (of Tynwald) the same age limit of 70 applies to incumbents as in England.
4.2 The Patronage (Benefices) Measure 1986 is modified in its application to the Isle of Man. There is no register of rights of patronage, and no diocesan board of patronage. The right to present lapses to the Archbishop if the Bishop or a lay patron fails to collate to a benefice within 18 months (instead of 9 months) after the vacancy arises. There are 27 parochial benefices: of the 17 ancient parishes, 13 are in the gift of the Crown and 4 of the Bishop; of the remainder, 2 are held by the Crown and the Bishop by turns, one by the Church Pastoral Aid Society and the rest by the Bishop.
4.3 The Pluralities Act 1838, the Parsonages Measures 1938 and 1947 and the Repair of Benefice Buildings Measure 1972 do not extend to the Isle of Man. A requirement, similar to that under the 1838 Act, that an incumbent reside on his benefice is imposed by the Clergy Residence Act 1897 (of Tynwald). Legally, under the Ecclesiastical Residences and Dilapidations Acts (of Tynwald), the responsibility for the repair of the parsonage house is that of the incumbent, but in practice is largely undertaken by the parochial church council under the supervision of the Diocesan Board of Finance. There is no Manx legislation equivalent to the Rent Acts or the Housing Act 1974 (of Parliament).
Chapter 5 — The Church Services
5.1 The Sharing of Church Buildings Act 1969 and the Church of England (Ecumenical Relations) Measure 1988 apply to the Isle of Man with minor modifications (not all denominations which in England are able to enter into sharing agreements, or into arrangements under the 1988 Measure, have power to do so in the Isle of Man).
Chapter 6 — Baptism, Marriage and Burial
6.1 The Parochial Registers and Records Measure 1978 does not extend to the Isle of Man; provision with respect to parish registers is made by the Parish Registers Act 1849 (of Tynwald).
6.2 The Marriage Act 1949, and other Acts of Parliament relating to the solemnization of marriage, do not extend to the Isle of Man; provision for Anglican and other forms of marriage is made by the Marriage Act 1984 (of Tynwald). The law is similar to that of England, but with the following important differences: (i) the Marriage (Prohibited Degrees of Relationship) Act 1986 does not apply; (ii) the Bishop of Sodor and Man, not the Archbishop of Canterbury, has power to grant a special licence to marry; (iii) there is no procedure for Anglican marriage by authority of a superintendent registrar's certificate; (iv) the Manx High Court has sole power to dispense with the parent's consent in the case of marriage by a minor; (v) the ceremony may take place between 7 am and 6 pm. Banns may be called in England and Wales for a marriage in the Isle of Man, or vice versa.
6.3 The Births and Deaths Registration Acts 1926 and 1953 do not apply to the Isle of Man, but similar provision is made by the Civil Registration Act 1984 (of Tynwald). The Burial Laws Amendment Act 1880 also does not apply, but provision is made by the Burials Act 1986 (of Tynwald) for burial in a burial ground without the prescribed service and for registration of the burial thereafter.
Chapter 7 — The Churchwardens and Sidesmen
7.1 The Churchwardens Measure 2001 does not apply to the Isle of Man. The Churchwardens (Appointment and Resignation) Measure 1964 has applied to the Isle of Man since 1991, but with important differences. The 17 ancient parishes have 4 wardens (6 in German), elected by the joint meeting of parishioners (not by the minister and the meeting jointly); the other parishes have 2 wardens, appointed as in England. Churchwardens are admitted to office by the Chapter Court (an ecclesiastical court, presided over by the Vicar General). Provision is made by statute for the election of 2 chapel wardens at St Jude's Andreas, but other chapels have wardens by custom.
7.2 It is usual for the meeting of parishioners to be preceded by the annual vestry meeting, which electors resident in the parish are entitled to attend. Until 1992 the vestry appointed the churchwardens, but its principal function now is to receive the churchwardens' accounts relating to the parish burial grounds. The Vicar General has power to summon a special vestry meeting.
7.3 Under the Burials Act 1986, the churchwardens of an ecclesiastical parish are responsible for the maintenance of any parish burial ground of the parish. See paragraph 11.1 below.
7.4 During a vacancy in a benefice, it is usual in this diocese for the rural dean and one of the churchwardens to be appointed sequestrators. The Benefices (Sequestrations) Measure 1933 does not apply to the Isle of Man.
Chapter 8 — Organist, Choir, Parish Clerk and Sexton
8.1 Under the Burials Act 1986 (of Tynwald) the sexton is appointed by the incumbent and churchwardens, not by the incumbent and parochial church council, and is given specific duties.
Chapter 9 — The Finance of a Parish
9.1 The parochial church council has no power in the Isle of Man to levy a voluntary church rate. The churchwardens anciently had power to levy a rate or "cess", and although not exercised in recent years, the power seems never to have been abolished. For burial rates, see paragraph 11.1 below.
9.2 The Church Accounting Regulations 1997 do not apply to the Isle of Man.
9.3 The Ecclesiastical Fees Measure 1986 applies to the Isle of Man in the case of parochial fees, but subject to modifications. Most fees are fixed by order of the Sodor and Man Diocesan Board of Finance subject to the approval of the Diocesan Synod. Certain fees (relating to burials) are fixed by the Ecclesiastical Committee of Tynwald.
Chaper 10 — The Church Fabric and Articles
10.1 The freehold of most parish churches in the Isle of Man is vested in the incumbent and churchwardens, not the incumbent alone. The rector of a parish is in general liable to maintain the chancel of a church, but the liability of the Bishop to repair and insure the chancels of churches of which he is patron was transferred to the churchwardens in 1948; all liabilities of the churchwardens for the maintenance of the parish church and its furniture are now vested in the parochial church council. The Ecclesiastical Dilapidations Measure 1923, the Endowments and Glebe Measure 1976 and the Chancel Repairs Act 1932 do not apply to the Isle of Man.
10.2 The Town and Country Planning (Control of Advertisements) Regulations 1992 do not apply to the Isle of Man.
10.3 The Care of Churches and Ecclesiastical Jurisdiction Measure 1991 applies to the Isle of Man with modifications; it came into force in the Isle of Man on 1st January 1994. The Archdeacon has no power to grant a faculty. Notes on the Code of Practice, noting the differences in the law and practice between England and the Isle of Man, have been issued by the writer.
10.4 The churchwardens have power to acquire land (by compulsory purchase if necessary) for new or additional burial ground; such land is to be conveyed to the incumbent and churchwardens.
Chapter 11 — The Churchyard and other consecrated burial places
11.1 The freehold of most churchyards in the Isle of Man is vested in the incumbent and churchwardens, not the incumbent alone. The responsibility for maintaining a churchyard, as a parish burial ground, belongs to the churchwardens of the ecclesiastical parish, not the parochial church council, under the Burials Act 1986 (of Tynwald). Except in the case of St George's churchyard, Douglas (which is maintainable at the expense of Douglas Corporation), local authorities have no power to contribute to the maintenance of parish burial grounds, open or closed. Outside the borough of Douglas, the cost is defrayed by a rate levied by the churchwardens of the ancient parish within which the burial ground lies; in the case of Braddan and Onchan parishes, a proportion of the cost is defrayed by Douglas Corporation.
11.2 The Occupiers' Liability Acts 1957 to 1984 do not apply to the Isle of Man; provision similar to the 1957 Act is made by the Occupiers' Liability Act 1964 (of Tynwald).
11.3 Douglas Corporation provides a cemetery under the Douglas Cemetery Act 1895; no other local authorities have power to provide burial grounds.
Chapter 12 — "Estrangement" and "Disability"
12.1 Provision for the vacation of a benefice on the ground of the disability of the incumbent or "pastoral breakdown" is made in the Isle of Man by the Incumbents (Disability) Measure (Isle of Man) 1995 and the Incumbents (Pastoral Breakdown) Measure (Isle of Man) 1996 respectively. The only provisions of the Incumbents (Vacation of Benefices) Measure 1977 which apply to the Isle of Man are those relating to compensation and pensions. The effect of the 1995 and 1996 Measures is similar to that of the 1977 Measure, except that an inquiry in a "disability" case is conducted by a local tribunal consisting of the Vicar General and two persons, one clerical and one lay, appointed by him, and an inquiry in a "breakdown" case is conducted by the Consistory Court of the diocese.
Chapter 13 — The Ecclesiastical Courts
13.1 The chancellor of the diocese of Sodor and Man is known by the title "Vicar General". In addition to the Consistory Court, the diocese has a Chapter Court, which as well as admitting churchwardens (see paragraph 7.1 above), has jurisdiction to hear presentments by them.
13.2 Advocates have a right of audience in the ecclesiastical courts; it is presumed that barristers and solicitors may appear only with the leave of the court. The panel of examiners (to inquire into allegations of certain ecclesiastical offences) may comprise advocates and solicitors.
NOTE: The Clergy Discipline Measure 2003 extends to the Isle of Man subject to modifications. In particular: (a) the Bishop's disciplinary tribunal consists of the Vicar General as chairman, one lay member and one clergy member appointed from a diocesan panel, and one lay member and one clergy member appointed from the provincial panel; (b) the prosecution of the case before the tribunal is the responsibility of a person appointed by the Bishop, not the designated officer as in England.
Appendices
14.1 Church Representation Rules The Rules are substantially modified in their application to the Isle of Man (see paragraph 3.1 above). A copy of the up-to-date text of the Rules as they apply to the Island is available on application to: K F W Gumbley, 37 Farmhill Park, Braddan, Isle of Man IM2 2ED.
14.2 Parochial Church Councils (Powers) Measure 1956 Section 4(1)(ii)(c) & (iii) and (4) and section 6(5) of the 1956 Measure do not apply to the Isle of Man.
Bibliography