Church Commissioners Measure 1947

Section 1(2).

SCHEDULE I U.K. Constitution of the Commissioners

F1 [ 1 E The Commissioners shall be—

(a) the following office-holders—

• the First Lord of the Treasury;

• the Lord President of the Council;

• the [F2 Lord Chancellor];

• F3 ...

• the Speaker of the House of Commons;

• [F4 the Speaker of the House of Lords;]

• the Secretary of State for the Department for Culture, Media and Sport;

(b) the following other persons—

• the Archbishops of Canterbury and York;

• the Church Estates Commissioners;

• four bishops elected by the House of Bishops of the General Synod from among their number;

• two deans F5 ... elected by all the deans F5 ... ;

• three other clerks in Holy Orders elected by those members of the House of Clergy of the General Synod who are not deans [F6 , whether or not those clerks are members of that House ] F5 ...;

• four lay persons elected by the House of Laity of the General Synod [F7 , whether or not those persons are members of that House];

• nine persons nominated as follows—

(i) three persons by Her Majesty,

(ii) three persons by the Archbishops of Canterbury and York acting jointly, and

(iii) three persons by the Archbishops of Canterbury and York acting jointly after consultation with the Lord Mayors of the City of London and the City of York, the Vice Chancellors of the Universities of Oxford and Cambridge and such other persons as appear to the Archbishops to be appropriate;

at least one of those nine persons being or having been of Counsel to Her Majesty.]

Textual Amendments

F1 Sch. I para. 1 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 8(a); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F2 Words in Sch. 1 para. 1 substituted (22.8.2007) by Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 1(2), Sch. para. 1

F3 Words in Sch. 1 omitted (22.6.2006) by virtue of Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.3) Order 2006 (S.I. 2006/1640), art. 1(a), Sch. 1 para. 2(a)

F4 Words in Sch. 1 inserted (22.6.2006) by Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.3) Order 2006 (S.I. 2006/1640), art. 1(a), Sch. 1 para. 2(b)

F5 Words in Sch. 1 para. 1(b) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(a); 2006 No. 2, Instrument made by Archbishops

F6 Words in Sch. 1 para. 1(b) added (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(a); 2006 No. 2, Instrument made by Archbishops

F7 Words in Sch. 1 para. 1(b) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(a); 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C1 Sch. 1 para. 1 transfer of functions (22.8.2007) by Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(3) (with art. 7)

C2 Sch. I para. 1: Power to amend conferred (1.1.1999) by 1998 No. 1, s. 13(2); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

[F8 2 E Elected Commissioners shall hold office for five years and shall be elected [F9 in accordance with the Standing Orders of the General Synod].

Nominated Commissioners shall hold office for such number of years as the person or persons making the nomination may determine.

In this paragraph the expression “ year ” means a period of twelve months commencing on the first day of [F10 January ] .

Any such Commissioner as is referred to in this paragraph shall be eligible for re-election or re-nomination.]

Textual Amendments

F8 Sch. I para. 2 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 8(b); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F9 Words in Sch. 1 para. 2 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(b) (with Sch. 2 para. 4(2)); 2006 No. 2, Instrument made by Archbishops

F10 Word in Sch. 1 para. 2 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(b) (with Sch. 2 para. 4(2)); 2006 No. 2, Instrument made by Archbishops

3 E In the event of delay in the [F11 election] or nomination of a successor any such Commissioner as is referred to in the last preceding paragraph shall, notwithstanding the expiration of the period for which he was [F12 elected] or nominated, continue to hold office until a successor is [F12 elected] or nominated.

Textual Amendments

F11 Word in Sch. I para. 3 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 8(c)(i); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F12 Word in Sch. I para. 3 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 8(c)(ii); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

4 U.K. A person shall be disqualified from being a Commissioner so long as he is a salaried official of any central or diocesan body in the Church of England.

[F13 5 E If an elected Commissioner who was qualified for election by virtue of being a bishop, a dean F14 ..., a clerk in Holy Orders or a lay person ceases to be so qualified, he shall cease to be a Commissioner. ]

Textual Amendments

F13 Sch. I para. 5 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 8(d); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F14 Words in Sch. 1 para. 5 omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(c); 2006 No. 2, Instrument made by Archbishops

[F15 5A (1) Without prejudice to paragraph 5 above, if a Commissioner elected by members of a House of the General Synod [F16 who is a member of that House] ceases to be a member thereof, then, subject to paragraph (2) below, he shall cease to be a Commissioner. E

(2) If a Commissioner to whom sub-paragraph (1) above applies ceases to be a member of the General Synod by reason of the dissolution of that Synod he shall not cease to be a Commissioner by virtue of that sub-paragraph; but if he does not stand for re-election to the General Synod or is not re-elected an election to fill his place as a Commissioner shall be held [F17 in accordance with the Standing Orders of the General Synod].]

Textual Amendments

F15 Sch. I para. 5A substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 8(e); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F16 Words in Sch. I para. 5A(1) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(d)(i); 2006 No. 2, Instrument made by Archbishops

F17 Words in Sch. I para. 5A(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 4(1)(d)(ii); 2006 No. 2, Instrument made by Archbishops

6 U.K. Every lay Commissioner not being a Commissioner in right of office shall, before otherwise acting in connection with the business of the Commissioners, declare in writing before an officer of the Commissioners that he is a member of the Church of England.