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Church Commissioners Measure 1947

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Section 1(2).

SCHEDULE IE+W+S+N.I. Constitution of the Commissioners

F1 [ 1 The Commissioners shall be—E

(a)the following office-holders—

  • the First Lord of the Treasury;

  • the Lord President of the Council;

  • the [F2Lord Chancellor];

  • F3 ...

  • the Speaker of the House of Commons;

  • [F4the 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.]

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Amendments (Textual)

F2Words 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

F5Words 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

F6Words 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

F7Words 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)

C1Sch. 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)

C2Sch. 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

[F82Elected Commissioners shall hold office for five years and shall be elected [F9in accordance with the Standing Orders of the General Synod].E

[F10Nominated Commissioners shall hold office for such period as the person or persons making the nomination may determine.]

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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Amendments (Textual)

F9Words 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

3In the event of delay in the [F12election] 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 [F13elected] or nominated, continue to hold office until a successor is [F13elected] or nominated.E

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Amendments (Textual)

4A 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.E+W+S+N.I.

[F145 If an elected Commissioner who was qualified for election by virtue of being a bishop, a dean F15 ..., a clerk in Holy Orders or a lay person ceases to be so qualified, he shall cease to be a Commissioner. ] E

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Amendments (Textual)

F15Words 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

[F165A(1)Without prejudice to paragraph 5 above, if a Commissioner elected by members of [F17the House of Bishops] of the General Synod [F18 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 [F19 in accordance with the Standing Orders of the General Synod].]

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Amendments (Textual)

F18Words 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

F19Words 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

[F206Every 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 membership of the Church of England.]E+W+S+N.I.

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Amendments (Textual)

F21SCHEDULE IIE. . .

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

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Amendments (Textual)

F25F25SCHEDULE IIIE+W+S+N.I.

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

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Amendments (Textual)

Section 7(1).

SCHEDULE IVE+W+S+N.I. General Provisions relating to the Commissioners, the Board and Committees

1The 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, [F26election or nomination of any member or, in relation to a committee, in the appointment of any member].E

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Amendments (Textual)

2When [F27an 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 [F28elected] or nominated.E

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Amendments (Textual)

[F293Casual 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.]E

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Amendments (Textual)

4Any person [F30elected] or nominated to fill a casual vacancy shall hold office for the remainder of the term (if any) for which his predecessor was [F30elected] or nominated.E

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Amendments (Textual)

5At 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:E

F31. . .

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Amendments (Textual)

[F325A(1)The chairman of the Board or of any committee may, if he considers that any business can properly be conducted by correspondence, instruct the secretary of the Board or of the committee to circulate to the Board or the committee in writing or by electronic transmission proposals requiring the approval of its members.E+W+S+N.I.

(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.]

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Amendments (Textual)

6Minutes 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.E+W+S+N.I.

7The provisions of this Schedule relating to Committees shall in their application to the [F33Assets Committee and the Audit Committee] have effect subject to any special provisions with respect thereto contained in this Measure.E

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Amendments (Textual)

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