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Church of England Pensions Measure 2018

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Section 2

SCHEDULE 1EThe Church of England Pensions Board

PART 1 EMembership

MembersE

1(1)The Board has 20 members, including the chair.E

(2)The chair is appointed by the Archbishops of Canterbury and York, with the approval of the General Synod.

(3)Eight members, each of whom must either be in pensionable service or be in receipt of a pension under a scheme administered by the Board, are elected as follows—

(a)one is elected by the House of Bishops, and must be in episcopal orders and a member of the funded scheme or the past service scheme,

(b)four are elected by the House of Clergy, none of them being in episcopal orders and each of them being a member of the funded scheme or the past service scheme,

(c)two are elected by and from the members of the workers' fund, and

(d)one is elected by and from the members of the administrators' fund.

(4)Two members are elected by and from the House of Laity.

(5)Two members are elected by the employers who participate in the workers' fund or the administrators' fund; and the elections must be conducted under arrangements approved by the Archbishops of Canterbury and York.

(6)One member is appointed by the Archbishops of Canterbury and York.

(7)One member is appointed by the Archbishops of Canterbury and York after consulting persons who—

(a)are officers or members of a diocesan board of finance or are members of the House of Clergy or the House of Laity elected for a diocese, and

(b)are chosen under arrangements approved by the Archbishops of Canterbury and York to represent dioceses in consultations on financial matters.

(8)Four members are appointed by the Archbishops of Canterbury and York after consultation with the Chairman of the House of Laity and the Chair of the Appointments Committee of the Church of England.

(9)One member is appointed by the Church Commissioners.

(10)The provisions of the Standing Orders of the General Synod relating to elections apply to elections to the Board.

(11)The functions of the Archbishops of Canterbury and York under this paragraph are exercisable by them jointly.

Terms of officeE

2(1)The chair of the Board holds office for a term of such duration as the General Synod decides; but the term must not exceed six years.E

(2)Each of the other members of the Board holds office for a term of six years.

(3)If a member of the Board ceases to hold a qualification by virtue of which he or she became a member, he or she ceases to be a member on ceasing to hold the qualification, unless sub-paragraph (4) applies.

(4)Where a member of the Board elected under paragraph 1(4) ceases to be a member of the House of Laity before the end of the six-year period provided for under sub-paragraph (2) of this paragraph, the person nonetheless continues to serve as a member of the Board until the end of that period, despite having ceased to be a member of the House.

(5)A person who ceases to be a member of the Board is eligible to be reappointed or re-elected (if qualified to be so).

(6)A person is disqualified from being a member of the Board if there is a prohibition order or suspension order in force against him or her under section 3 or 4 of the Pensions Act 1995.

(7)A person is disqualified from membership of the Board if—

(a)the person is disqualified from being a trustee of a trust scheme under section 29 of the Pensions Act 1995, and

(b)the disqualification is not subject to a general waiver under subsection (5) of that section.

(8)If a member of the Board becomes disqualified under sub-paragraph (6) or (7), he or she ceases to be a member on becoming so disqualified.

Casual vacanciesE

3(1)A casual vacancy in the office of chair or of any other member of the Board must be filled within six months of its occurrence.E

(2)But if, in the case of a member other than the chair, the unexpired part of the term of office does not exceed 12 months, the vacancy is not to be filled unless the Appointments Committee of the Church of England so directs.

(3)A casual vacancy in the office of a member is to be filled in the same manner as that in which the person whose place is being filled was elected or appointed.

(4)A person appointed or elected to fill a casual vacancy holds office only for the unexpired portion of the term of office of the person whose place is being filled.

Casual vacancies: special provision for persons retiring at the end of 2019 or 2021E

4(1)The provision made by paragraphs 1(4) and (8) and 2(3) and (4) does not affect the term of office of a person who, immediately before the commencement of this Schedule, was serving as a member of the Board—E

(a)having been elected under the Church of England Pensions Regulations 1997 before 1 July 2017, or

(b)having filled a casual vacancy under paragraph 3(3), (4) or (5) of the Church of England Pensions (Amendment) Regulations 2017.

(2)The vacancies which arise on the retirement of two of those members at the end of 2019 are to be filled by two appointed persons.

(3)The vacancies which arise on the retirement of two of those members at the end of 2021 are to be filled by one elected person and one appointed person.

(4)If a casual vacancy arises in the case of either of the members retiring at the end of 2019, the vacancy in each case is to be filled by an appointed person.

(5)If a casual vacancy arises in the case of either of the members retiring at the end of 2021—

(a)the first vacancy to arise is to be filled by an appointed person and the second vacancy by an elected person, or

(b)if both vacancies arise at the same time, they are to be filled by an appointed person and an elected person.

(6)If a casual vacancy arises in the case of a person who was filling a casual vacancy under sub-paragraph (4) or (5) or under this sub-paragraph, the vacancy is to be filled either by an elected person or by an appointed person, depending on whether the person whose place is being filled was elected or appointed; and sub-paragraphs (2) to (5) accordingly apply to the person filling the vacancy as they did to the person whose place is being filled.

(7)This paragraph does not affect the application of paragraph 3.

(8)A reference in this paragraph to an elected person is a reference to a person elected by and from the House of Laity.

(9)A reference in this paragraph to an appointed person is a reference to a person appointed by the Archbishops of Canterbury and York acting jointly, after consultation with the Chairman of the House of Laity and the Chair of the Appointments Committee of the Church of England.

PART 2 EFunctions, practice and procedure

Incidental powersE

5(1)The Board may do anything it thinks necessary or appropriate for the purpose of, or in connection with, the exercise of its functions.E

(2)A provision of this Measure which specifies things which the Board may do for the purpose of, or in connection with, the exercise of a function conferred by that provision does not affect the generality of sub-paragraph (1).

StaffE

6(1)The Board may determine the duties and remuneration of its staff.E

(2)The Board must pay from the funds it administers—

(a)the salaries or other remuneration of its staff, and

(b)the working expenses of the Board.

CommitteesE

7(1)A committee appointed by the Board may include persons who are not members of the Board.E

(2)A reference in this Part of this Schedule to a committee is to a committee appointed by the Board.

ProcedureE

8(1)The quorum of the Board is six; and the quorum must include at least two persons each of whom is a representative of a pension scheme administered by the Board.E

(2)The validity of anything done by the Board is not affected by a vacancy among its members or by a defect in the appointment of a member.

(3)The Board may make standing orders regulating its procedure, subject to sub-paragraphs (1) and (2) and paragraph 7; and a reference in a subsequent provision of this Schedule to standing orders is to those so made.

Delegation of functionsE

9(1)The Board may delegate the exercise of any of its functions to a committee.E

(2)The Board or a committee may, in accordance with such provision as standing orders may make, delegate the exercise of any of its functions to an officer.

Conduct of businessE

10(1)If the chair of the Board or of a committee considers that it has business which can properly be conducted by correspondence, the chair may instruct the secretary to circulate to the members written proposals requiring their approval.E

(2)Unless objections are received from members in such numbers and within such period as standing orders may specify, proposals circulated under sub-paragraph (1) are to be treated on the expiry of that period as if they had been approved by the Board or the committee concerned at a duly convened meeting.

Seal and evidenceE

11(1)The application of the Board's seal must be authenticated by the signature of the secretary or of another officer authorised by the Board (whether generally or specifically) for that purpose.E

(2)A document purporting to be duly executed under the Board's seal is to be received in evidence and, unless the contrary is proved, taken to be so executed.

(3)A document which is signed by two members of the Board and expressed (in whatever form of words) to be executed by the Board has the same effect as if executed under its seal.

(4)A document which is signed by two officers or members of staff of the Board authorised by the Board for that purpose, and which is expressed (in whatever form of words) to be signed on behalf of the Board, has the same effect as if executed under its seal.

(5)An authorisation under sub-paragraph (4) has effect subject to such limitations or conditions as it may specify.

(6)A document executed by the Board which makes clear on its face that it is intended to be a deed has effect on delivery as a deed and is to be taken, unless a contrary intention is proved, to be delivered on being so executed.

(7)In favour of a person who in good faith acquires an interest in property for valuable consideration, a document is taken to be duly executed by the Board if it purports to be signed in accordance with sub-paragraph (3) or (4).

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