Search Legislation

Church of England Pensions Measure 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Church of England Pensions Measure 2018, PART 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources