The Church of England Pensions (Amendment) Regulations 2017

Statutory Instruments

2017 No. 312

Ecclesiastical Law, England

The Church of England Pensions (Amendment) Regulations 2017

Made (approved by the General Synod)

14th February 2017

Laid before Parliament

14th March 2017

Coming into force

1st July 2017

The General Synod, in exercise of the powers conferred by section 6 of the Clergy Pensions (Amendment) Measure 1972(1), approves the following Regulations.

In accordance with section 6(4) of that Measure, these Regulations have been prepared by the Church of England Pensions Board and laid before the General Synod.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Church of England Pensions (Amendment) Regulations 2017.

(2) These Regulations come into force on 1st July 2017.

(3) In these Regulations, “the 1997 Regulations” means the Church of England Pensions Regulations 1997(2).

Membership of Church of England Pensions Board

2.—(1) In regulation 5 of the 1997 Regulations (nominations) for paragraph (1) substitute—

“(1) Two persons shall be elected by and from the House of Laity of the General Synod.”

(2) After paragraph (4) of that regulation insert—

“(4A) Four persons shall be appointed by the Archbishops of Canterbury and York acting jointly after consultation with the Chairman of the House of Laity of the General Synod and the Chair of the Appointments Committee of the Church of England.”

(3) In regulation 6 of the 1997 Regulations (term of office), after paragraph (4) insert—

“(5) Where a member of the Board elected under paragraph 5(1) ceases to be a member of the House of Laity of the General Synod before the end of the six year period provided for under paragraph (2), 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.”

(4) In regulation 7 of the 1997 Regulations (casual vacancies), in paragraph (1), at the end insert “, except in a case where regulation 6(5) applies”.

Saving for current members

3.—(1) The amendments made by regulation 2 do not affect the term of office of any of the persons who, immediately before the commencement of these Regulations, was serving as a member of the Board elected under regulation 5(1) of the 1997 Regulations (in the form which those Regulations then took).

(2) The vacancies which, by virtue of regulation 6(3) of the 1997 Regulations, arise on the retirement of two of those members at the end of each of 2017, 2019 and 2021 are to be filled by—

(a) in the case of those retiring at the end of 2017, one elected person and one appointed person;

(b) in the case of those retiring at the end of 2019, two appointed persons;

(c) in the case of those retiring at the end of 2021, one elected person and one appointed person.

(3) If a casual vacancy arises in the case of either of the two members retiring at the end of 2017 or in the case of either of the two members retiring at the end of 2021—

(a) the first vacancy to arise among the two members concerned 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

(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 a person who was filling a casual vacancy under paragraph (3) or (4) or under this paragraph, the vacancy is to be filled by a person of the same description (namely, appointed or elected) as the person whose place is being filled; and paragraphs (2) to (4) accordingly apply to the person filling the vacancy as they did to the person whose place is being filled.

(6) This regulation does not affect the application of regulation 7(3) and (4) of the 1997 Regulations.

(7) A reference to an elected person is a reference to a person elected by and from the House of Laity of the General Synod.

(8) A reference to an appointed person is a reference to a person appointed by the Archbishop of Canterbury and the Archbishop of York acting jointly, after consultation with the Chairman of the House of Laity of the General Synod and the Chair of the Appointments Committee of the Church of England.

Approved by the General Synod on 14th February 2017.

Jacqui Philips

Clerk to the Synod

Church House, London SW1P 3AZ

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the requirement that six members of the Church of England Pensions Board be elected by the House of Laity of the General Synod be replaced with a requirement for two persons to be elected by and from the House of Laity and four to be appointed by the two Archbishops, after consultation with the Chairman of the House of Laity and the Chair of the Appointments Committee.

These Regulations do not affect the six members elected by the House of Laity who are currently members of the Board.

(1)

1972 No.5 . Relevant amendments to section 6 have been made by the section 16 of the Church of England (Pensions) Measure 1988 and paragraph 17 of Schedule 1 to the Pensions Measure 1997.

(2)

S.I. 1997/1929.