Recent queries and comments – 13th October

More answers to queries and comments

Below is a further compilation of “Quick Answers” to questions which have arisen during the past couple of weeks; some concern general issues and others relate to a particular judgment. In addition are links to sources of frequently sought data and similar Q&As on other sites.

In anticipation of future queries, on 4 October 2017 the Office of National Statistics (ONS) issued an important data set: Sexual identity, UK: 2016 Experimental Official Statistics on sexual identity in the UK in 2016 by region, sex, age, marital status, ethnicity and National Statistics Socio-economic Classification; this will no doubt provide answers to a number of questions in this area.

The column labelled “Question” is in most cases the search term that has been used to access information on the site. Whilst we welcome a challenge, it will facilitate a response if the search terms are not too cryptic or cover too broad an area to be addressed in a “Quick Answer”. Likewise, this is not a forum on which to seek our personal opinions.

General searches 

Question Quick Answer L&RUK Answer
church near you changes Announced 30 August; to be launched in November. A Church Near You – update, (170830).
religious courts in the us See Pew Research Centre’s Applying God’s Law: Religious Courts and Mediation in the U.S., (130408). Not an area we have covered specifically.
gift declarations hmrc consultation Changes to GASDS (Gift Aid and Small Donations Scheme) and tax rules took effect in April 2017. See post on UK Fundraising site. Summary in our  1st October 2017. round-up of news.
petition finningley Petition considered by consistory court Re Holy Trinity and St. Oswald Finningley [2016] ECC She 2 (160930).
law re mobile phone masts Wi-Fi in churches – health effects, courts’ jurisdiction and locus standi, (150108),  and Wi-Fi in churches – evidence, system security and commercial considerations, (150113).
why don’t churches have charity registration numbers? Churches as charities: some basics, see paragraph on Exception: and legal status as a charity (150904).
vatican 2 council about music Second Vatican Council: Musicam Sacram – Instruction on Music in the Liturgy Church music, Vatican 2 and the Council of Trent, (161013).
how much is priest fee for c of e funeral See Recent queries and comments – 26th August
 legal rights to ashes uk Person with “custody and possession” of body determines final disposal of body. “Public health funerals” and “direct cremation”, (160729).
legislation covering church land Very broad issue covering many issues, so there’s no quick answer. For starters, see CofE Document Library Pages Church Land and Dealings with ecclesiastical land

Case law related searches

Question Quick Answer L&RUK Answer
echr objection to blood transfusion on religious grounds Reference to Convention rights in Birmingham Children’s NHS Trust v B & C [2014] EWHC 531 (Fam). Jehovah’s Witnesses and objections to blood transfusion, (140310).
case law social media expressing religous views Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch) Social media, employment, religious views and freedom of speech, (121117).
religious affiliation of circumcision  L and B (Children: Specific Issues: temporary leave to remove from the jurisdiction; circumcision) [2016] EWHC 849 (Fam) Religious circumcision and parental consent: L & B, (160421)
clifford bellamy Methodist N (A Child: Interim Care Order: Interim Removal) [2015] EWFC 40. Parenting, religion and conflict: N (A Child), (150525).

Links to sources of frequently sought data

UK legislation, including CofE Measures: http://www.legislation.gov.uk/

UK statistics, various areas: Office for National Statistics, (ONS)

Q&A on other areas of ecclesiastical law

Canon Law Made Easy, Cathy Caridi


Unless marked §, the questions are the search terms used, verbatim;  questions arising externally to the blog, (twitter/other), are marked ‡; the dates in parentheses are in the format (yymmdd).

As stated in our General Terms and Conditions, at L&RUK we do not give legal advice, or purport to do so. This post is a summary of recent enquiries and comments, and links to relevant coverage in this blog and elsewhere. With regard to on-going issues, the date of this sourced material is of particular importance. For specific queries on the application of the legislation, professional legal advice should be sought.

Cite this article as: David Pocklington, "Recent queries and comments – 13th October" in Law & Religion UK, 13 October 2017, http://www.lawandreligionuk.com/2017/10/13/recent-queries-and-comments-13th-october/

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