The Legislative Reform (Church Commissioners) Order 2021

Assets Committee or Audit and Risk Committee: term of office etc.

3.—(1) In section 6 of the 1947 Measure (Assets Committee and Audit and Risk Committee), in subsection (1), for paragraph (a) substitute—

“(a) the Assets Committee is to comprise—

(i) the First Church Estates Commissioner,

(ii) two Commissioners who are clerks in Holy Orders (at least one of whom must be a Commissioner elected by the House of Clergy of the General Synod) appointed by the Board for such period not exceeding five years as the Board determines, and

(iii) at least four but no more than eight lay Commissioners (at least one of whom must be a Commissioner elected by the House of Laity of the General Synod) appointed by the Archbishop of Canterbury for such period not exceeding five years as the Archbishop determines and each of whom is, in the opinion of the Archbishop, well qualified to assist in the management of the Commissioners’ assets;”.

(2) In that subsection, for paragraph (d) substitute—

“(d) the Audit and Risk Committee is to comprise at least four but no more than six persons appointed by the Board for such period not exceeding five years as the Board determines, at least one of whom must be an elected Commissioner and at least two of whom must not be Commissioners;”.

(3) After that subsection insert—

“(1A) A person who has served as an appointed member of the Assets Committee or as a member of the Audit and Risk Committee, or as either, for a continuous period of ten years—

(a) ceases to be a member at the end of that period or, if the person continues to be a member under subsection (1B) or (1C), at the end of the period of continuation, and

(b) is not eligible for appointment to either Committee until after the end of five years beginning with the date on which the person last ceased to be a member of either Committee (including, where applicable, under subsection (1B) or (1C)).

(1B) A person who has served as an appointed member of the Assets Committee or as a member of the Audit and Risk Committee, or as either, for a continuous period of ten years, and who was last appointed by the Board, may continue to serve for such period not exceeding 12 months as the Board may determine if it is satisfied that there are exceptional circumstances which justify the continuation.

(1C) A person who has served as an appointed member of the Assets Committee or as a member of the Audit and Risk Committee, or as either, for a continuous period of ten years, and who was last appointed by the Archbishop of Canterbury, may continue to serve for the period determined under paragraph (b) if—

(a) the Board, having satisfied itself that there are exceptional circumstances which would justify a continuation, has requested the Archbishop to continue the appointment for a period not exceeding 12 months, and

(b) the Archbishop, having agreed to the request, continues the appointment for such period not exceeding 12 months as the Archbishop may determine.

(1D) Where a member of the Audit and Risk Committee who is not a Commissioner becomes an elected or nominated Commissioner—

(a) subsection (1A) does not prevent that person from serving as a member of the Audit and Risk Committee, or as a member of the Assets Committee, in the capacity as a Commissioner, and

(b) the time served as a member of the Audit and Risk Committee while not a Commissioner does not count towards the period of ten years referred to in subsection (1A).”

(4) In Schedule 4 to the 1947 Measure (general procedural provisions), in paragraph 4 in the form it is provided for in article 2(2), at the end insert—

“(3) A person appointed to fill a casual vacancy among the appointed members of the Assets Committee or of the Audit and Risk Committee is to hold office for such period not exceeding five years as the person or body making the appointment determines.”

(5) This article applies only in the case of an appointment which is made after the commencement of this Order.