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 (1) Each elected Commissioner is to hold office for a period of five years; and each election is to be conducted in accordance with the Standing Orders of the General Synod. E

(2) Each nominated Commissioner is to hold office for such period not exceeding five years as the person or persons making the nomination determine.

(3) A person who has held office as an elected Commissioner or as a nominated Commissioner, or as either, for a continuous period of ten years—

(a) ceases to hold office at the end of that period or, if the person continues to hold office under sub-paragraph (4) or paragraph 3, at the end of that period of continuation, and

(b) is not eligible for election or appointment as a Commissioner until after the end of five years beginning with the date on which the person last ceased to hold office (including, where applicable, under sub-paragraph (4) or paragraph 3).

(4) A nominated Commissioner who has held office for a continuous period of ten years may continue to hold office 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 person or persons who last nominated that Commissioner to nominate that Commissioner to continue to hold office for a period not exceeding 12 months, and

(b) the person or persons concerned, having agreed to the request, nominate the Commissioner to hold office for such period not exceeding 12 months as the person or persons may determine.

(5) The nomination of a person under sub-paragraph (4)(b) is to be made in the same manner as the last nomination of the person under paragraph 1(b) was made.]

Textual Amendments

F8 Sch. 1 para. 2 substituted (28.7.2021) by The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 2(1) (with art. 2(3))

3 E In the event of delay in the [F9 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 [F10 elected] or nominated, continue to hold office until a successor is [F10 elected] or nominated.

Textual Amendments

F9 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

F10 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 F11 ... body in the Church of England.

Textual Amendments

F11 Words in Sch. 1 para. 4 omitted (28.7.2021) by virtue of The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 4

[F12 5 E If an elected Commissioner who was qualified for election by virtue of being a bishop, a dean F13 ..., a clerk in Holy Orders or a lay person ceases to be so qualified, he shall cease to be a Commissioner. ]

Textual Amendments

F12 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

F13 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

[F14 5A (1) Without prejudice to paragraph 5 above, if a Commissioner elected by members of [F15 the House of Bishops] 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

F14 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

F15 Words in Sch. 1 para. 5A substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 3(7); S.I. 2014/1369, art. 2

F16 Words in Sch. 1 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. 1 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

[F18 6 U.K. Every lay Commissioner, other than a person who is a Commissioner in right of office, shall, upon appointment and before acting as a Commissioner, sign and return to an officer of the Commissioners a written declaration of [F19 —

(a) membership of the Church of England or of a Church which subscribes to the doctrine of the Holy Trinity, and

(b) support for the charitable objects of the Commissioners.]]

Textual Amendments

F18 Sch. 1 para. 6 substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 3(8); S.I. 2014/1369, art. 2

F19 Sch. 1 para. 6(a)(b) substituted for words in Sch. 1 para. 6 (28.7.2021) by The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 5(1)

F20 SCHEDULE II E . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. II repealed (1.1.1999) by 1998 No. 1, s. 13(2); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F24 F24 SCHEDULE III U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 3 repealed by Church Commissioners Measure 1964 (No. 8), s. 2(3)

Section 7(1).

SCHEDULE IV U.K. General Provisions relating to the Commissioners, the Board and Committees

1 E The proceedings of the Commissioners, the Board or a committee shall not be invalidated by any vacancy in the membership thereof, or by any defect in the qualification, [F25 election or nomination of any member or, in relation to a committee, in the appointment of any member].

Textual Amendments

F25 Words in Sch. IV para. 1 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 9(a); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

2 E When [F26 an elected] or nominated Commissioner proposes to retire, his intention so to do shall be notified by him in writing to the secretary of the Commissioners, who shall forthwith give notice to the person or body by whom such Commissioner was [F27 elected] or nominated.

Textual Amendments

F26 Words in Sch. IV para. 2 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 9(b)(i); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

F27 Word in Sch. IV para. 2 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 9(b)(ii); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

[F28 3 E Casual vacancies among elected or nominated Commissioners may be filled by the person or body by whom the Commissioner vacating office was elected or nominated. Casual vacancies among appointed members of a committee may be filled by the person or body by whom the member vacating office was appointed.]

Textual Amendments

F28 Sch. IV para. 3 substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 9(c); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

[F29 4 (1) A person elected to fill a casual vacancy among the elected Commissioners is to hold office for a period of five years. E

(2) A person nominated to fill a casual vacancy among the nominated Commissioners is to hold office for such period not exceeding five years as the person or persons making the nomination determine.

[F30 (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.]]

Textual Amendments

F29 Sch. 4 para. 4 substituted (28.7.2021) by The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 2(2) (with art. 2(3))

F30 Sch. 4 para. 4(3) inserted (28.7.2021) by The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 3(4) (with art. 3(5))

5 E At any meeting of the Commissioners, the Board or a committee, every question shall be decided by a majority of the votes of members present and voting on that question and in the case of equality of votes, the member presiding shall have a second or casting vote:

F31 . . .

Textual Amendments

F31 Words in Sch. IV para. 5 omitted (1.1.1999) by virtue of 1998 No. 1, s. 7(1), Sch. 4 para. 9(e); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

[F32 5A (1) The chairman of [F33 the Commissioners,] the Board or of any committee may, if he considers that any business can properly be conducted by correspondence, instruct the secretary of [F33 the Commissioners,] the Board or of the committee to circulate to [F33 the Commissioners,] the Board or the committee in writing or by electronic transmission proposals requiring the approval of [F34 the Commissioners or (as the case may be) the members of the Board or committee]. U.K.

(2) Unless objections to the proposals are received from any members in such numbers and within such period from the date of their posting or transmission (as the case may be), as may be specified in Standing Orders, the proposals shall be deemed, at the expiry of that period, to be approved by the Board or the committee with the same effect as if they had been approved at a duly convened meeting.]

Textual Amendments

F32 Sch. 4 para. 5A inserted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 3(9); S.I. 2014/1369, art. 2

F33 Words in Sch. 4 para. 5A(1) inserted (28.7.2021) by The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 6(2)(a)

F34 Words in Sch. 4 para. 5A(1) substituted (28.7.2021) by The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 6(2)(b)

6 U.K. Minutes of the proceedings of the Commissioners or of the Board signed at the same or the next meeting by a member describing himself, or appearing to be, the person presiding at the meeting at which the minutes are signed, shall be received in evidence without further proof, and, until the contrary is proved, every meeting of the Commissioners or of the Board, in respect of the proceedings whereof minutes have been so signed shall be deemed to have been duly convened and held.

7 E The provisions of this Schedule relating to Committees shall in their application to the [F35 Assets Committee and the Audit Committee] have effect subject to any special provisions with respect thereto contained in this Measure.

Textual Amendments

F35 Words in Sch. 4 para. 7 substituted (1.1.1999) by virtue of 1998 No. 1, s. 7(1), Sch. 4 para. 9(f); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

[F36 8. (1) A reference in this Measure to a meeting of the Commissioners, the Board or a committee includes a reference to a meeting which persons may attend, speak at, vote in or otherwise participate in without all of the persons, or without any of the persons, being together in the same place. U.K.

(2) A reference in this Measure to a place where a meeting of the Commissioners, the Board or a committee is held, or is to be held, includes a reference to more than one place, including electronic, digital or virtual locations, web addresses or conference call telephone numbers.

(3) A person is to be regarded as present at a meeting of the Commissioners, the Board or a committee at any given time if the person is at that time able to hear and be heard, and where practicable see and be seen, by the other persons present.

(4) A reference in this Measure to being present at a meeting of the Commissioners, the Board or a committee includes a reference to being present by electronic means, including by telephone conference, video conference, live webcast or live interactive streaming.

(5) In this paragraph, “committee” means a committee constituted by or under this Measure.]

Textual Amendments

F36 Sch. 4 para. 8 inserted (28.7.2021) by The Legislative Reform (Church Commissioners) Order 2021 (S.I. 2021/842), arts. 1(2), 6(1)