Repair of Benefice Buildings Measure 1972

1 Appointment or designation and constitution of Parsonages Boards. E

(1) As soon as possible after the passing of this Measure every diocesan synod shall provide by scheme either—

(a) for the appointment of a Board for the purposes of this Measure, which shall be known as the Parsonages Board for the diocese concerned; or

(b) for designating the Diocesan Board of Finance as the Board for the purposes of this Measure;

and references in this Measure to “the Board” shall be construed as referring to the Parsonages Board or, as the case may be, the Diocesan Board of Finance for the diocese concerned.

(2) Every such scheme shall provide for the appointment of fit persons to be surveyors for the purposes of this Measure (hereinafter referred to as “diocesan surveyors”) and for determining their remuneration and terms of service.

[F1 Provided that no person appointed as a surveyor after the coming into force of section 6 of the Church of England (Miscellaneous Provisions) Measure 2005 shall be considered to be a fit person for the purposes of this subsection unless that person is registered under the Architects Act 1997 or is a corporate member of the Chartered Institute of Building or the Royal Institution of Chartered Surveyors or a member of such other body as the Commissioners may determine and appearing to them to be suitably qualified.]

(3) If the scheme provides for the appointment of a Parsonages Board, it shall also provide for the appointment of a secretary of the Board, and for determining his remuneration and terms of service.

(4) All archdeacons of a diocese for which a Parsonages Board is appointed shall be ex officio members of the Board, and of the remaining members not less than one third shall be clergymen elected by the beneficed and, if the scheme so provides, the licensed clergy of the diocese, and not less than one third shall be lay persons; but subject as aforesaid the membership of the Board and the method of election or appointment and term of office of its members other than ex-officio members shall be prescribed by the scheme.

(5) A Parsonages Board shall be a body corporate, with perpetual succession and a common seal, and the purposes of the Board shall be the furtherance of the work of the Church of England by the exercise of their functions under this Measure, and they shall in the exercise of those functions have power to enter into contracts, hold property, borrow money, execute works (whether by entering into contracts or by the employment of direct labour) and have such other ancillary powers as may be provided by scheme of the diocesan synod.

(6) Subject to the preceding provisions of this section, the constitution and procedure of a Parsonages Board shall be prescribed by scheme of the diocesan synod, and provision may be made for the appointment of committees and the exercise of functions by them, and for the appointment of officers and other staff of a Parsonages Board and for determining their remuneration and terms of service.

(7) A Parsonages Board shall present an annual report and annual accounts to the diocesan synod, and within one month of such presentation the secretary of the synod shall send a copy of the report and accounts to the Commissioners together with a copy of any resolutions passed thereon by the synod.

(8) The Board shall comply with any such directions as may be given to them by resolution of the diocesan synod.

(9) If the Diocesan Board of Finance is designated by a scheme under subsection (1),—

(a) the scheme shall provide for the delegation of the Board’s functions under this Measure to a committee or committees of the Board constituted in accordance with the scheme, and regard shall be had in prescribing the membership of the committee or committees (which may include persons other than members of the Board) to the need for adequate representation of the clergy and laity, and the scheme may contain provisions as to the procedure of any such committee;

(b) the Memorandum and Articles of Association of the Board or (if they are not a registered company) the constitution thereof shall be deemed to include the furtherance of the work of the Church of England by the exercise of functions under this Measure and such ancillary powers as are necessary for the exercise of those functions and to give effect to any provisions of the said scheme;

(c) subsection (7) shall apply to the Board with the modification that the annual report and annual accounts there mentioned may be presented as a separate part of the Board’s annual report and annual accounts.

Textual Amendments

F1 Words in s. 1(2) added (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), s. 11(2), Sch. 2 para. 2; S.I. 2005/2, Instrument made by Archbishops