Church Commissioners Measure 1947

6 †Church Estates Commissioners and Estates and Finance Committee. E

[F1 (1) There shall be two Committees, one to be known as the General Purposes Committee and the other as the Assets Committee, which shall be constituted as follows:—

[F2 (a) the General Purposes Committee shall comprise the three Church Estates Commissioners and not less than eight nor more than ten other Commissioners appointed by the Board for three years, of whom at least two shall be diocesan bishops, at least three shall be clerks in holy orders other than diocesan bishops, and at least three shall be laymen;

[F3 (b) the Assets Committee shall comprise—

(i) the First Church Estates Commissioner;

(ii) one Commissioner, being a clerk in holy orders appointed for three years by the Board;

(iii) not less than three nor more than five lay Commissioners appointed for three years by the Archbishop of Canterbury; and

(iv) not less than one nor more than three Commissioners appointed for three years by the Archbishop of Canterbury, after consultation with the Board, from among the twenty clerks in holy orders and laymen appointed as Commissioners by the General Synod;

the persons referred to in sub-paragraphs (iii) and (iv) above being persons who in the opinion of the Archbishop are well qualified to assist in the management of the assets of the Commissioners,]]

(c) the first Church Estates Commissioner shall be the chairman of each Committee, and a deputy chairman shall be elected annually by each Committee and shall act as chairman at any meeting at which the chairman is not present;

(d) the Board may appoint a Commissioner being a clerk in holy orders to act as alternate to the member of the Assets Committee appointed by the Board;

(e) if any member of either of the said Committees appointed by the Board or any such alternate ceases to have the qualifications by virtue of which he was qualified for his appointment, he shall thereby vacate his appointment.

(2) The functions of the General Purposes Committee shall, subject to any general rules made by the Board, be as follows:—

(a) to consider and recommend to the Board how to apply or distribute such sums as the Board may have determined to be available for application or distribution;

(b) to consider and report to the Board on any matters other than those assigned by this section or referred by the Board to any other committee;

(c) 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;

(d) to act on behalf of and in the name of the Commissioners in matters relating to the appointment, terms of service, dismissal and direction of the Commissioners’ officers (other than the secretary), and the Commissioners’ solicitors and agents other than those employed solely in connection with the management of assets, and in matters relating to the control over the expenses of administration;

(e) to act on behalf of and in the name of the Commissioners in any matters which in the opinion of the Committee are urgent, other than matters assigned by this section or referred by the Board to any other committee, and to report their action to the Board.

(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.

(4) The Standing Orders regulating the procedure of the General Purposes Committee or of the Assets Committee or of any committee appointed by the Board may provide for authorising the chairman, deputy chairman, or appropriate officer to act on behalf of the committee in urgent matters.

(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

F1 S. 6(1)–(5) substituted by Church Commissioners Measure 1964 (No. 8), s. 1

F2 S. 6(1)(a)(b) substituted by Church Commissioners Measure 1970 (No. 3), s. 1

F3 S. 6(1)(b)(i)-(iv) substituted (1.9.1995) by 1995 No. 2, s. 6; Instrument dated 26.7.1995 made by Archbishops of Canterbury and York

Modifications etc. (not altering text)

C1 Unreliable marginal note.

C2 S. 6(2)(d) amended (E.W.) (01.01.1992) by S.I. 1991/2684, arts. 2, 4 , Sch. 1.