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Church Commissioners Measure 1947

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Legislation Crest

Church Commissioners Measure 1947

1947 No. 2 10 and 11 Geo 6

A Measure passed by the National Assembly of the Church of England. To promote the more efficient and economical administration of the resources of the Church of England by uniting the Corporation of the Governors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, founded by charter under the Great Seal in the year 1704, and the Ecclesiastical Commissioners for England originally established in the year 1836 by the statute 6 and 7 William the Fourth, chapter 77.

[2nd April 1947]

Modifications etc. (not altering text)

Commencement Information

I1Measure wholly in force at Royal Assent

1 Establishment of the Church Commissioners.U.K.

(1)For the purpose of uniting Queen Anne’s Bounty with the Ecclesiastical Commissioners there shall be established, by the name of the Church Commissioners for England, a body corporate having perpetual succession and a common seal . . . F1

(2)The said body (hereafter in this Measure referred to as “the Commissioners”) shall be constituted in accordance with the provisions of the First Schedule to this Measure, and may for all purposes be referred to as the “Church Commissioners.”

Textual Amendments

2 Transfer of functions and property.U.K.

On the appointed day Queen Anne’s Bounty and the Ecclesiastical Commissioners (hereafter in this Measure referred to as “the constituent authorities”) shall be dissolved and—

(a)all functions, rights and privileges of either of them shall be transferred to, and become functions, rights and privileges of, the Commissioners;

(b)all property vested in either of them shall be transferred to, and shall by virtue of this section and without any conveyance, assignment, transfer or other assurance vest in, the Commissioners: and

(c)all property held in trust for either of them shall be held in trust for the Commissioners:

Provided that a vesting of property by virtue of paragraph (b) of this section shall not affect any previously existing trust or mortgage or other charge affecting the property, or any previously existing lease or tenancy thereof.

3 Method of business.U.K.

The business of the Commissioners, except the exercise of powers which, under this or any other Measure or any enactment, are required to be exercised at a general meeting of the Commissioners, shall be transacted in accordance with the provisions of this Measure by a Board of Governors (hereafter in this Measure referred to as “the Board”), [F2and the committees constituted by or under this Measure].

Textual Amendments

4 General meetings of the Commissioners.E

(1)The Archbishop of Canterbury shall be the chairman of the Commissioners and, if at any general meeting thereof he is not present, such member as the members present may elect shall act as chairman.

(2)The Commissioners shall in every financial year hold an annual general meeting for the purpose of—

(a)considering, and, if thought fit, passing resolutions with respect to, the annual report and accounts of the Commissioners and any other matters which may be brought before the meeting by the Board, or which the chairman, upon a request submitted to the secretary by any member, may have authorised the secretary to include in the notices of business to be considered;

(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)considering and, if thought fit, adopting the recommendations of the Board as to the allocation of such moneys as the Board may report to be available.

(3)The annual general meeting shall be called by the chairman so soon as conveniently may be after the audit of the Commissioners’ accounts for the preceding financial year has been completed.

(4)The chairman may call such other general meetings of the Commissioners as he deems necessary and he shall, so soon as reasonably practicable, call a meeting if ten or more members give to the secretary notice in writing that they desire a meeting to be called to consider matters specified in the notice.

(5)Not less than twenty-eight days before any general meeting, notice of the day, hour and place appointed therefor, and not less than ten days before any general meeting notice of the business to be considered thereat, shall be sent by post [F5or by electronic transmission] to every member.

Textual Amendments

5 Constitution and functions of Board of Governors.E

[F6(1)The Board shall consist of the Commissioners mentioned in paragraph 1(b) of Schedule 1 to this Measure.]

[F7(2)The Archbishop of Canterbury shall be the chairman of the Board and—

(a)he may appoint a deputy chairman from among the members of the Board, who may act as chairman in the Archbishop's absence at any meeting to be held during the period of five years following the date of his appointment; and

(b)if neither the chairman nor the deputy chairman is present at any meeting, the members attending the meeting may elect a member to act as chairman of that meeting.]

(3)Subject to the provisions of this Measure, all the functions and business of the Commissioners shall be exercised and transacted by the Board.

(4)The Board shall have power—

[F8(a)to refer for consideration and report any matter within their jurisdiction to the Assets Committee or the [F9Audit and Risk Committee], or to any other committee which the Board may appoint for the purpose or which the Board and the Archbishops’ Council acting jointly may appoint;]

(b)to authorise F10. . . F11[the Assets Committee], or any other such committee as aforesaid, to do and complete any matter on behalf of the Board;

(c)to make general rules for the direction and guidance of F12. . . [F11 the Assets Committee] or any committee appointed by the Board, as to the matters and acts to be considered and done by that committee, and as to the general principles upon which that committee shall act in carrying out such functions as may from time to time be delegated to them by the Board.

[F13(4A)Commissioners shall constitute a majority of the members of any committee appointed under subsection (4)(a) above.]

[F14(4B)A committee constituted by or under this Measure may itself establish one or more sub-committees and may delegate functions to any sub-committee so established.

(4C)A sub-committee established by a committee constituted by or under this Measure may itself delegate functions to the chair or deputy chair of the sub-committee or to an appropriate officer.]

(5)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6 [F16 Assets Committee and Audit and Risk Committee ] E

[F17[F18(1)There shall be two committees, one to be known as the Assets Committee and the other as the [F19Audit and Risk Committee], which shall be constituted as follows—

[F20(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;]

(b)the First Church Estates Commissioner shall be the chairman of the Assets Committee and a deputy chairman shall be elected annually by that committee and shall [F21, if present,] act as chairman at any meeting at which the chairman is not present;

(c)if a member of the Assets Committee appointed by the Board ceases to have the qualifications by virtue of which he was qualified for his appointment, he shall vacate his appointment;

[F22(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;]

(e)the Board, with the agreement of the Archbishop of Canterbury, shall appoint a member of the [F19Audit and Risk Committee] to be the chairman of that committee;

(f)the Church Estates Commissioners, the chairman of the Board and the acting chairman of the Board (elected under section 5(2) above to act as chairman, when required during the following period of twelve months) shall not be eligible to be members of the [F19Audit and Risk Committee].]

[F23(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).]

F24( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Assets Committee shall, subject to any general rules made by the Board, have the following fuctions:—

(a)an exclusive power and duty to act on behalf of and in the name of the Commissioners in all matters relating to the management of those assets of the Commissioners the income of which is carried into their general fund, including power to sell, purchase, exchange and let land and make, realise and change investments;

(b)a duty to recommend to the Board from time to time what sums are available for application or distribution by the Commissioners, and what sums should be appropriated to reserve and for reinvestment;

(c)a duty to consider and report on any matter referred to them by the Board, and to act on behalf of the Board in any matter in which they are authorised by the Board so to act.

[F25(3A)Before making any recommendation under subsection (3)(b) above the Assets Committee shall obtain the advice of an actuary as to the likely effect of adopting the recommendation on the Commissioners’ financial position as a whole and shall have regard to that advice; and the Commissioners shall ensure that a summary of such advice is included in their annual report under section 12 of this Measure.

For the purposes of this subsection “ actuary ” means a Fellow of the [F26Institute and Faculty of Actuaries], not being a Church Commissioner or a member of the staff of the Commissioners, and includes a firm of actuaries. ]

[F27(3B)The [F28Audit and Risk Committee] shall have the following functions—

(a)a duty to review the Commissioners’ accounting policies and practices, their annual accounts and any reports made and advice given to the Commissioners by the auditor appointed under [F29paragraph (d)] below;

[F30(aa)a duty to keep under review the risks, including financial risks, to which the Commissioners are exposed in carrying out their functions and the adequacy of the steps taken by the Commissioners to mitigate those risks;]

(b)a duty to keep under review the effectiveness of the Commissioners’ internal control system;

(c)a duty to consider any representations made to them;

[F31(d)a duty to appoint, with the approval of the Board, an auditor and to direct the manner in which the audit required to be made under section 11(2) below is undertaken, including ensuring that the requirements of generally accepted auditing standards are met;]

(e)a duty to report to those Commissioners who are not members of the Board on any matter relating to the functions and business of the Commissioners which causes the committee grave concern and about which the Board has been unable to satisfy the committee.

(3C)The Commissioners’ officers shall supply the [F32Audit and Risk Committee] with such information in their possession as the Committee may require to enable the Committee to exercise their functions.]

[F33(4)The Standing Orders regulating the procedure of the Board, the Assets Committee or any committee appointed by the Board may provide for [F34—

(a)] authorising the chairman, deputy chairman or an appropriate officer to act on behalf of the Board, the Assets Committee or other committee, as the case may be, in relation to such matters as the Board [F35or the committee in question] may think fit [F36;]

(b)authorising an appropriate officer to act in relation to a matter on behalf of a person authorised by virtue of paragraph (a) to act in relation to that matter.]

(5)The Second Church Estates Commissioner shall be entitled to attend and speak at the meetings of every committee constituted by or under this Measure of which he is not a member, and every Church Estates Commissioner shall be entitled to receive the papers of every such committee of which he is not a member.]

(6)The provisions of any enactment or Measure relating to the payment of salaries and pensions to Church Estates Commissioners shall continue to have effect with the substitution of reference to the Board and to the general fund of the Commissioners for references to the Ecclesiastical Commissioners and to their common fund.

Textual Amendments

F21Words in s. 6(1)(b) inserted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), ss. 2(a), 11(2); 2005 No. 2, Instrument made by Archbishops

F31S. 6(3B)(d) substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), ss. 2(b), 11(2); 2005 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C3Unreliable marginal note.

[F376AFurther provisions relating to the Assets CommitteeU.K.

(1)The Commissioners may exercise their powers to make investments by entering into derivative contracts, derivative financial instruments and equity instruments and the function of the Assets Committee, under section 6(3)(a) above, to make, realise and change investments includes power to enter into any of those contracts or instruments.

(2)In subsection (1) above, “derivative contracts” means options, futures or contracts for differences, within the meaning which those expressions have for the purposes of the Corporation Tax Act 2009, and “derivative financial instruments” and “equity instruments” have the same meanings as in that Act.

(3)The Commissioners may, by regulations, amend subsection (1) above by adding other financial instruments to those listed in that subsection.

(4)A draft of any regulations proposed to be made shall be laid before the General Synod and, if they are approved by the General Synod with or without amendment, the draft regulations so approved shall be referred to the Commissioners.

(5)Where draft regulations are referred to the Commissioners under subsection (4) above—

(a)if they have been approved by the General Synod without any amendment, the Commissioners shall, by applying their seal, make the regulations;

(b)if they have been approved by the General Synod with amendments, the Commissioners may either—

(i)by applying their seal make the regulations as amended, or

(ii)withdraw the draft regulations for further consideration in view of any amendment by the General Synod,

and the regulations shall not come into force until they have been sealed by the Commissioners.

(6)Where the Business Committee of the General Synod determines that draft regulations do not need to be debated by the General Synod, then unless—

(a)notice is given by a member of the General Synod in accordance with its standing orders that he or she wishes the draft regulations to be debated, or

(b)notice is given by any such member that he or she wishes to move an amendment to the draft regulations,

the draft regulations shall, for the purposes of subsections (4) and (5) above, be deemed to have been approved by the General Synod without amendment.

(7)The Statutory Instruments Act 1946 (c. 36) applies to any regulations sealed by the Commissioners under subsection (5) above as if they were a statutory instrument and were made when sealed by the Commissioners, and as if this Measure were an Act providing that any such regulations were to be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

7 Procedure.E

(1)The provision of the Fourth Schedule to this Measure shall have effect with regard to the meetings and procedure of the Commissioners and of the Board and of any committee constituted by or under this Measure.

[F38(1A)A majority of the members of the Board, and a majority of the members of each committee constituted by or under this Measure, must be members of the Church of England.]

(2)Subject as aforesaid and to any other provisions of this Measure—

(a)the Commissioners may regulate their own procedure and may from time to time at any general meeting make, vary and revoke Standing Orders for the purpose;

(b)the Board may from time to time make, vary and revoke Standing Orders for regulating the procedure of the Board or of any Committee of the Board [F39(but not a sub-committee established by a committee of the Board)] and subject to any such Standing Orders the Board and any such committee may regulate their own procedure;

(c)[F40the Assets Committee and the [F41Audit and Risk Committee]] may regulate their own procedure and may from time to time make, vary and revoke Standing Orders for the purpose [F42;

(d)a committee constituted by or under this Measure which establishes a sub-committee may from time to time make, vary and revoke Standing Orders for regulating the procedure of the sub-committee and subject to any such Standing Orders the sub-committee may regulate its own procedure.]

Textual Amendments

8†Secretary, agents and other officers.U.K.

(1)The Commissioners shall from time to time at any general meeting appoint a secretary upon such terms as they may think fit.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

Modifications etc. (not altering text)

C5Unreliable marginal note.

9 [F45Sealing and execution of documents by the Commissioners]U.K.

(1)The common seal of the Commissioners shall be judicially noticed and shall be authenticated by the signature of the secretary, or of some other officer of the Commissioners authorised by the Board to act in that behalf.

(2)Every document purporting to be sealed with the said seal and to be authenticated by the signature of the secretary, or of a person so authorised to act in that behalf, shall be received in evidence and be deemed to be such an instrument without further proof, unless evidence to the contrary is given.

[F46(3) A document signed by two members of the Board and expressed (in whatever form of words) to be executed by the Commissioners shall have the same effect as if executed under the common seal of the Commissioners.

[F47(3A)A document which is signed by two officers of the Commissioners authorised by the Board for that purpose, and which is expressed (in whatever form of words) to be signed on behalf of the Commissioners, shall have the same effect as if executed under the common seal of the Commissioners.

(3B)An authorisation under subsection (3A) shall have effect subject to such limitations or conditions as may be specified in it.]

(4)A document executed by the Commissioners which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it shall be presumed, unless a contrary intention is proved, to be delivered upon its being so executed.

(5)In favour of a purchaser a document shall be deemed to have been duly executed by the Commissioners if it purports to be [F48signed in accordance with subsection (3) or (3A)].

(6) In subsection (5) above “ purchaser ” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who, for valuable consideration, acquires an interest in property. ]

[F49(3)In this section “ signature ” includes signature by electronic means.]

Textual Amendments

F45S. 9 heading substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 2; 2006 No. 2, Instrument made by Archbishops

F46S. 9(3)-(6) added (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 2; 2006 No. 2, Instrument made by Archbishops

10 Finance.E

(1)The financial year of the Commissioners shall commence on the first day of [F50January] [F51or on such other date as the Commissioners may in general meeting determine].

F52(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)As from the appointed day, the Commissioners shall keep a general fund to which shall be transferred on the appointed day any balances on income account from the common fund of the Ecclesiastical Commissioners and from the corporate fund of Queen Anne’s Bounty.

(5)Any trust or other fund previously maintained by either of the constituent authorities as a separate fund shall be continued and maintained as a separate fund by the Commissioners: provided that funds maintained by the two constituent authorities for the same objects or purposes may be amalgamated.

(6)Subject to the last preceding subsection, the Commissioners shall carry all income received in respect of property and funds held by them into their general fund, and [F53, subject to [F54sections 31(4) and 39(6) [F55of the Church of England Pensions Measure 2018] (which relate to the use of capital funds)]] shall discharge thereout all trusts and commitments to which that income or any part thereof is subject and all expenses and obligations falling upon the Commissioners in the due discharge of their functions, and the balance from time to time thereafter remaining in the said fund shall be available for any purpose for which, but for this Measure, any surplus of the common fund of the Ecclesiastical Commissioners or of the corporate fund of Queen Anne’s Bounty would have been available.

[F56(7)The Commissioners may borrow money for purposes of or in connection with their functions, in so far as they do not have power to do so apart from this subsection.]

Textual Amendments

11 Accounts and audit.U.K.

(1)The Commissioners shall cause such accounts to be kept as may be required for the due performance and discharge of their functions.

(2)The accounts of the Commissioners shall in every year be audited F57..., and the auditor’s report thereon shall for the purposes of the next succeeding section be deemed to form part of the accounts.

Textual Amendments

F57Words in s. 11(2) omitted (1.6.2005) by virtue of Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), ss. 2(c), 11(2); 2005 No. 2, Instrument made by Archbishops

12 Annual report and accounts to be laid before Parliament and Church Assembly.U.K.

(1)So soon as may be after the close of every financial year the Board shall prepare a report of the work and proceedings of the Commissioners during that year, and shall present the report and accounts for that year to the Commissioners at their annual general meeting.

(2)Within thirty days after such meeting the secretary shall transmit the report and accounts, together with a copy of any resolution passed by the Commissioners with reference thereto, to the [F58Lord Chancellor], who shall lay copies of the report, accounts and resolution, if any, before both Houses of Parliament.

(3)Within the same period the secretary shall also send copies of the said documents to the secretary of the Church Assembly, who shall lay them before the Assembly.

Textual Amendments

F58Words in s. 12(2) substituted (26.11.2001) by S.I. 2001/3500, art. 8, Sch. 2 Pt. II para. 11

Modifications etc. (not altering text)

C6S. 12(2): Functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 9

13 Pending and existing proceedings and contracts, etc.U.K.

(1)No proceedings or cause of action pending or existing immediately before the appointed day by or against either of the constituent authorities shall abate, be discontinued or in any way prejudicially affected by this Measure, but any such proceedings may be continued and enforced by or against the Commissioners.

(2)All contracts, bonds, agreements and other instruments subsisting immediately before the appointed day and affecting either of the constituent authorities shall be of as full force and effect against, or in favour of, the Commissioners and may be enforced as fully and effectually as if the Commissioners had been a party thereto instead of the constituent authority.

[F5913A.Charitable object relating to facilities at Lambeth Palace LibraryU.K.

The charitable objects of the Commissioners are to include providing the National Church Institutions with access to the facilities for archiving and document storage at Lambeth Palace Library.]

Textual Amendments

14 Transfer of stock.U.K.

(1)Where any stock is standing in the books of a company in the name of either of the constituent authorities, a request by the secretary of the Commissioners and production of a copy of this Measure printed by or for the King’s Printer of Acts of Parliament shall be a sufficient authority to the company to transfer the stock into the name of and to pay dividends on the stock to, the Commissioners.

(2)In this section the expression—

  • “company” includes the Bank of England and any company or person keeping books in which any stock is registered or inscribed; and

  • “stock” includes any share, annuity or other security.

15 Transfer of Officers.U.K.

F60(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Textual Amendments

F60S. 15(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(1)

F61S. 15(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(1)

F62Ss. 15(3), 16 repealed by Statute Law Revision Act 1966 (c. 5)

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63U.K.

Textual Amendments

F63Ss. 15(3), 16 repealed by Statute Law Revision Act 1966 (c. 5)

17 Provisions as to superannuation. E

(1)The [F64Board] shall make rules regulating the grant of superannuation benefits to the officers of the Commissioners, and the allocation of superannuation benefits to their spouses or dependants, and the provisions of the F65... M1Superannuation (Various Services) Act 1938 shall not apply to the Commissioners or their officers:

Provided that in the case of any transferred officer—

(a)service under either of the constituent authorities and service under the Commissioners shall be aggregated and treated as continuous service under the Commissioners; and

[F66(b) the superannuation benefits to be granted to or in respect of him on his retirement or death shall not be less than those which might have been awarded had the provisions of the principal civil service pension scheme within the meaning of section 2 of the M2 Superannuation Act 1972 and then in force applied to him, and the Commissioners shall have the like power to permit the allocation of such benefits to the spouse or dependants of such an officer as they would have had by virtue of section 1 of the M3 Superannuation (Various Services) Act 1938 had that section not been repealed. ]

(2)As from the appointed day the liability of either of the constituent authorities to make payments in respect of superannuation benefits to a person who had been employed by them, but had before the appointed day ceased to be so employed, or to his spouse or dependants, shall be transferred to, and become a liability of, the Commissioners and be a charge on their general fund.

[F67(4)The Commissioners may, until 31 December [F682032], apply capital funds for meeting the cost of any pension or lump sum payable under the Church Commissioners Superannuation Scheme in so far as it is attributable to a period of service before 1 January 1998.

(5)In subsection (4), “capital funds” means funds held by the Commissioners the income of which forms part of their general fund.]

Textual Amendments

F65Words in s. 17(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(1)

F66S. 17(1) proviso para. (b) substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 21

Modifications etc. (not altering text)

Marginal Citations

18 Interpretation.U.K.

(1)In this Measure, unless the context otherwise requires—

  • “the appointed day” means the first day of April in such year as the Archbishop of Canterbury may appoint by a notice published in the London Gazette not later than the first day of December in the preceding year;

  • “dean” includes the dean F69... of any cathedral church in England, and the deans of Westminster and Windsor;

  • “functions” includes powers and duties;

  • “officer” includes servant;

  • “procedure” includes the fixing of a quorum;

  • “property” includes a thing in action and any interest in real or personal property;

  • “superannuation benefits” has the same meaning as it has in the M4Superannuation (Various Services) Act, 1938.

(2)References in any Act or Measure (other than this Measure) or in any other document (including any testamentary document) to either of the constituent authorities, or to the common or corporate fund of either of them, shall be construed as references to the Commissioners or, as the case may be, to their general fund.

[F70(3)A reference in this Measure to a meeting of the Commissioners, the Board or a committee constituted by or under this Measure, including a reference to the place at which such a meeting is or is to be held or a reference to being present at such a meeting, is to be construed in accordance with paragraph 8 of Schedule 4.]

[F71(4)A reference in this Measure to a committee constituted by or under this Measure includes a reference to a sub-committee established by that committee (but is not to be read as enabling a sub-committee to establish a sub-committee of its own).]

Textual Amendments

F69Words in s. 18(1) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 3; 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C81.4.1948 appointed under s. 18(1)

Marginal Citations

19 Short title.U.K.

This Measure may be cited as the Church Commissioners Measure, 1947.

Section 1(2).

SCHEDULE IU.K. Constitution of the Commissioners

F72 [ 1 EThe Commissioners shall be—

(a)the following office-holders—

  • the First Lord of the Treasury;

  • the Lord President of the Council;

  • the [F73Lord Chancellor];

  • F74 ...

  • the Speaker of the House of Commons;

  • [F75the 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 F76 ... elected by all the deans F76 ... ;

  • three other clerks in Holy Orders elected by those members of the House of Clergy of the General Synod who are not deans [F77 , whether or not those clerks are members of that House ] F76 ...;

  • four lay persons elected by the House of Laity of the General Synod [F78, 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

F73Words 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

F76Words 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

F77Words 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

F78Words 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)

C9Sch. 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)

C10Sch. 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

[F792(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

3EIn the event of delay in the [F80election] 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 [F81elected] or nominated, continue to hold office until a successor is [F81elected] or nominated.

Textual Amendments

4U.K.A person shall be disqualified from being a Commissioner so long as he is a salaried official of any central F82... body in the Church of England.

Textual Amendments

F82Words 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

[F835E If an elected Commissioner who was qualified for election by virtue of being a bishop, a dean F84 ..., a clerk in Holy Orders or a lay person ceases to be so qualified, he shall cease to be a Commissioner. ]

Textual Amendments

F84Words 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

[F855A(1)Without prejudice to paragraph 5 above, if a Commissioner elected by members of [F86the House of Bishops] of the General Synod [F87 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 [F88 in accordance with the Standing Orders of the General Synod].]

Textual Amendments

F87Words 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

F88Words 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

[F896U.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 [F90—

(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

F90Sch. 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)

F91SCHEDULE IIE. . .

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

Textual Amendments

F95F95SCHEDULE IIIU.K.

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

Textual Amendments

Section 7(1).

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

1EThe 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, [F96election or nomination of any member or, in relation to a committee, in the appointment of any member].

Textual Amendments

2EWhen [F97an 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 [F98elected] or nominated.

Textual Amendments

[F993ECasual 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

[F1004(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.

[F101(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

5EAt 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:

F102. . .

Textual Amendments

[F1035A(1)The chairman of [F104the Commissioners,] the Board or of any committee may, if he considers that any business can properly be conducted by correspondence, instruct the secretary of [F104the Commissioners,] the Board or of the committee to circulate to [F104the Commissioners,] the Board or the committee in writing or by electronic transmission proposals requiring the approval of [F105the 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

6U.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.

7EThe provisions of this Schedule relating to Committees shall in their application to the [F106Assets Committee and the [F107Audit and Risk Committee]] have effect subject to any special provisions with respect thereto contained in this Measure.

Textual Amendments

[F1088.(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

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