SCHEDULE I Constitution of the Commissioners

Section 1(2).

C1F11

The Commissioners shall be—

a

the following office-holders—

  • the First Lord of the Treasury;

  • the Lord President of the Council;

  • the Secretary of State for the Home Department;

  • the Lord Chancellor;

  • the Speaker of the House of Commons;

  • 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 or provosts elected by all the deans and provosts;

  • three other clerks in Holy Orders elected by those members of the House of Clergy of the General Synod who are not deans or provosts;

  • four lay persons elected by the House of Laity of the General Synod;

  • 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.

F22

Elected Commissioners shall hold office for five years and shall be elected at such time and in such manner as the General Synod may from time to time determine, but if the Synod alters the time at which they are to be elected the period of office of those Commissioners who are then in office shall be extended or reduced accordingly, as the circumstances require.

Nominated Commissioners shall hold office for such number of years as the person or persons making the nomination may determine.

In this paragraph the expression “year” means a period of twelve months commencing on the first day of April.

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

3

In the event of delay in the F3election 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 F4elected or nominated, continue to hold office until a successor is F4elected or nominated.

4

A 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.

F55

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

F65A

1

Without prejudice to paragraph 5 above, if a Commissioner elected by members of a House of the General Synod ceases to be a member thereof, then, subject to paragraph (2) below, he shall cease to be a Commissioner.

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 at the first meeting of the new Synod and he shall thereupon cease to be a Commissioner.

6

Every lay Commissioner not being a Commissioner in right of office shall, before otherwise acting in connection with the business of the Commissioners, declare in writing before an officer of the Commissioners that he is a member of the Church of England.

F7SCHEDULE II. . .

Annotations:

1

The Board shall consist of the following persons—

  • the Archbishops of Canterbury and York;

  • the three church estates commissioners;

  • twenty-two other Commissioners appointed by the Commissioners, and

  • such other Commissioners, if any, as may be co-opted in accordance with the provisions of this Schedule.

2

Of the twenty-two members to be appointed by the Commissioners six shall be diocesan bishops, two shall be deans, six shall be other clerks in Holy Orders and eight shall be laymen, of whom six shall be chosen from those appointed by the F16General Synod.

3

At the inaugural general meeting of the Commissioners twenty-two members shall be appointed in the proportions laid down in the preceding paragraph and of the members so appointed one-half shall hold office for six years and the remainder for three years. Thereafter, in every third year eleven members shall be appointed at the annual general meeting of the Commissioners to fill the places of members retiring in that year.

4

The period of office of an appointed member shall run from the day following the annual general meeting at which he is appointed to the close of the day on which his successor is appointed.

A member appointed at the inaugural general meeting shall enter upon his office forthwith, but the date for his retirement shall be calculated as if he had been appointed at the first annual general meeting of the Commissioners.

5

The eleven original members to hold office for six years shall be three bishops, one dean, three other clerks, three of the laymen appointed by the F17General Synod and one of the laymen not so appointed.

6

As between members in any category, those to hold office for six years shall be those receiving most votes:

Provided that if—

a

in any category there is no contest; or

b

in a category where there is a contest, a selection must be made between two or more members whose votes were equal;any necessary selection shall be made by lot.

For the purposes of this paragraph, lots shall be drawn by such persons and in such manner as the Chairman may direct.

7

The Board may from time to time co-opt as additional members of the Board not more than three persons being Commissioners at the date of co-optation.

Such co-optation may be for any period not extending beyond the next triennial election of members of the Board.

8

If a member of the Board who was qualified for membership by virtue of being a diocesan bishop, a dean, a clerk in Holy Orders, or a layman appointed by the F18General Synod, ceases to be so qualified, he shall thereby vacate his membership.

F8F8SCHEDULE III

Annotations:
Amendments (Textual)

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

Section 7(1).

1

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, F9election or nomination of any member or, in relation to a committee, in the appointment of any member.

2

When F10an 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 F11elected or nominated.

F123

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.

4

Any person F13elected or nominated to fill a casual vacancy shall hold office for the remainder of the term (if any) for which his predecessor was F13elected or nominated.

5

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:

F14. . .

6

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

The provisions of this Schedule relating to Committees shall in their application to the F15Assets Committee and the Audit Committee have effect subject to any special provisions with respect thereto contained in this Measure.