http://www.legislation.gov.uk/ukcm/Eliz2/4-5/3Parochial Church Councils (Powers) Measure 1956A Measure passed by the National Assembly of the Church of England To consolidate with amendments certain enactments relating to parochial church councils and parochial charities.1977-12-01texttext/xmlenStatute Law Database2023-01-09Expert Participation2022-10-31 1956 No.3A Measure passed by the National Assembly of the Church of England To consolidate with amendments certain enactments relating to parochial church councils and parochial charities.[5th July 1956]1In this Measure—“Council” means a parochial church council;“Diocesan Authority” means the Diocesan Board of Finance or any existing or future body appointed by the Diocesan Synod to act as trustees of diocesan trust property; “Minister” has the meaning given in Rule 83 of the Church Representation Rules; “Parish” has the meaning given in Rule 82 of those Rules; “Relevant date” means the first day of July, 1921.21It shall be the duty of the minister and the parochial church council to consult together on matters of general concern and importance to the parish.2The functions of parochial church councils shall include—aco-operation with the minister in promoting in the parish the whole mission of the Church, pastoral, evangelistic, social and ecumenical;bthe consideration and discussions of matters concerning the Church of England or any other matters of religious or public interest, but not the declaration of the doctrine of the Church on any question;cmaking known and putting into effect any provision made by the diocesan synod or the deanery synod, but without prejudice to the powers of the council on any particular matter;dgiving advice to the diocesan synod and the deanery synod on any matter referred to the council;eraising such matters as the council consider appropriate with the diocesan synod or deanery synod;fappointing sidesmen (who are also known as assistants to the churchwardens).2AA person is eligible for appointment under subsection (2)(f) only if the person's name is on the church electoral roll of the parish.3In the exercise of its functions the parochial church council shall take into consideration any expression of opinion by any parochial church meeting.3 1 Every council shall be a body corporate by the name of the parochial church council of the parish for which it is appointed and shall have perpetual succession. 2 Any act of the council may be signified by an instrument executed pursuant to a resolution of the council and under the hands or if an instrument under seal is required under the hands and seals of the chairman presiding and two other members of the council present at the meeting at which such resolution is passed.3An instrument which is signed pursuant to a resolution of the council by two members of the council (whether or not they were present at the meeting at which the resolution was passed) and expressed (in whatever form of words) to be signed on behalf of the council, shall have the same effect as if executed under hands, or under hands and seals, as provided for in subsection (2).4A document executed by the council which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it shall be presumed, unless a contrary intention is proved, to be delivered upon its being so executed.5In favour of a person who in good faith acquires an interest in property for valuable consideration, a document shall be deemed to have been duly executed by the council if it purports to be signed in accordance with subsection (3).3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41Subject to the provisions of any Act or Measure passed after the relevant date and to anything lawfully done under such provisions, the council of every parish shall have—iThe like powers duties and liabilities as, immediately before the relevant date, the vestry of such parish had with respect to the affairs of the church except as regards the election of churchwardens and sidesmen and as regards the administration of ecclesiastical charities but including the power of presentation to the benefice of such parish if the right to present thereto was vested in or in trust for the parishioners and the power of making any voluntary church rate.iiThe like powers duties and liabilities as, immediately before the relevant date, the churchwardens of such parish had with respect to—aThe financial affairs of the church including the collection and administration of all moneys raised for church purposes and the keeping of accounts in relation to such affairs and moneys;bThe care maintenance preservation and insurance of the fabric of the church and the goods and ornaments thereof;cThe care and maintenance of any churchyard (open or closed), and the power of giving a certificate under the provisions of section eighteen of the Burial Act 1855 with the like powers as, immediately before the relevant date, were possessed by the churchwardens to recover the cost of maintaining a closed churchyard:Provided that nothing herein contained shall affect the property of the churchwardens in the goods and ornaments of the church or their powers duties and liabilities with respect to visitations.The like powers duties and liabilities as, immediately before the relevant date, were possessed by the church trustees (if any) for the parish appointed under the Compulsory Church Rate Abolition Act 1868.2All enactments in any Act whether general or local or personal relating to any powers duties or liabilities transferred to the council from the vestry churchwardens or church trustees as the case may be shall subject to the provisions of this Measure and so far as circumstances admit be construed as if any reference therein to the vestry or the churchwardens or church trustees referred to the council to which such powers duties or liabilities have been transferred and the said enactments shall be construed with such modifications as may be necessary for carrying this Measure into effect.3Where any property is applicable to purposes connected with any such powers duties or liabilities as aforesaid, any deed or instrument which could be or could have been made or executed in relation to such property by a vestry, or by churchwardens or church trustees, may be made or executed by the council of the parish concerned.4This Measure shall not affect any enactment in any private or local Act of Parliament under the authority of which church rates may be made or levied in lieu of or in consideration of the extinguishment or of the appropriation to any other purpose of any tithes customary payments or other property or charge upon property which tithes payments property or charge previously to the passing of such Act had been appropriated by law to ecclesiastical purposes or in consideration of the abolition of tithes in any place or upon any contract made or for good or valuable consideration given and every such enactment shall continue in force in the same manner as if this Measure had not been passed.For the purposes of this subsection “ecclesiastical purposes” shall mean the building rebuilding enlargement and repair of any church and any purpose to which by common or ecclesiastical law a church rate is applicable or any of such purposes.51Subject to the provisions of this Measure, the council of every parish shall have power to acquire (whether by way of gift or otherwise) any property real or personal—aFor any ecclesiastical purpose affecting the parish or any part thereof;bFor any purpose in connection with schemes (hereinafter called “educational schemes”) for providing facilities for the spiritual moral and physical training of persons residing in or near the parish.2Subject to the provisions of this Measure and of the general law and to the provisions of any trusts affecting any such property, the council shall have power to manage, administer and dispose of any property acquired under this section.3A council shall have power, in connection with any educational scheme, to constitute or participate in the constitution of a body of managers or trustees or a managing committee consisting either wholly or partly of persons appointed by the council, and may confer on any such body or committee such functions in regard to the implementation of the scheme, and such functions relating to property held for the purposes of the scheme, as the council thinks expedient.4The powers of a council with respect to educational schemes shall be exercised subject to and in accordance with the terms of any undertaking which may have been given by the council to the Secretary of State for Education and Science or the Secretary of State for Wales or to any local authority in connection with any financial or other assistance given by the Secretary of State or the authority in relation to the scheme.5A council shall not exercise any of its powers in relation to educational schemes without the consent of the diocesan board of education for the diocese, and any such consent may be given upon such terms and conditions as the committee considers appropriate in all the circumstances of the case. . . .61After the commencement of this Measure, a council shall not acquire any interest in land (other than a short lease as hereinafter defined) or in any personal property to be held on permanent trusts, without the consent of the diocesan authority.2Where, at or after the commencement of this Measure, a council holds or acquires an interest in land (other than a short lease as hereinafter defined) or any interest in personal property to be held on permanent trusts, such interest shall be vested in the diocesan authority subject to all trusts, debts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers (if any) as are requisite for giving effect to the provisions of this subsection.3Where any property is vested in the diocesan authority pursuant to subsection (2) of this section, the council shall not sell, lease, let, exchange or charge the property without the consent of the authority; but save as aforesaid, nothing in this section shall affect the powers of the council in relation to the management, administration or disposition of any such property.3AWhere any property which is occupied by a member of the team in a team ministry is vested in the diocesan authority pursuant to subsection (2) of this section and the council proposes to alter or dispose of the property or any part thereof, the council shall—akeep that member informed of matters arising from the proposal;bafford that member an opportunity to express views thereon before taking any action to implement the proposal; andchave regard to those views before taking any such action.4Where any property is vested in the diocesan authority pursuant to subsection (2) of this section, the council shall keep the authority indemnified in respect of:aall liabilities subject to which the property is vested in the authority or which may thereafter be incident to the property;ball rates, taxes, insurance premiums and other outgoings of whatever nature which may from time to time be payable in respect of the property;call costs, charges and expenses incurred by the authority in relation to the acquisition or insurance of the property or as trustee thereof;dall costs, proceedings, claims and demands in respect of any of the matters hereinbefore mentioned.4AThe requirement for consent under subsection (1) or (3) does not apply if the consideration on the transaction in question is less than such amount as may be specified in, or determined in accordance with, an order made by the Archbishops' Council.5The consents required by subsection (3) of this section are additional to any other consents required by law, either from the Charity Commission or the Secretary of State of Education and Science or the Secretary of State for Wales or otherwise.6 In this section the expression “ short lease ” means a lease for a term not exceeding seven years , and includes any tenancy from week to week, from month to month, from quarter to quarter, or from year to year. 7Any question as to whether personal property is to be held on permanent trusts shall be determined for the purposes of this section by a person appointed by the bishop or, during a vacancy in a see, the guardian of the spiritualities.6A1An order under section 6—amay make different provision for different purposes, different cases or different areas;bmay, in connection with the determination of an amount, confer a discretion on a person of a specified description.2An order under section 6 may not be made unless—aa draft of the order has been laid before the General Synod and approved by it with or without amendment, andbthe draft so approved has been referred to the Archbishops' Council.3On referral of the draft, the Council must—aif the draft was approved without amendment, make the order by applying its seal;bif the draft was approved with amendment—imake the order by applying its seal, oriiwithdraw the draft for further consideration.4An order under section 6 may not come into force unless it is sealed by the Council.5If the Business Committee of the General Synod determines that a draft of an order under section 6 does not need to be debated by the General Synod, the draft is to be treated as approved for the purposes of this section unless a member of the General Synod gives notice in accordance with the standing orders that the member—awishes the draft order to be debated, orbwishes to move an amendment to it.6The Statutory Instruments Act 1946 applies to an order under section 6 as if—athis Measure were an Act, andbthe order were a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.71The council of every parish shall have the following powers in addition to any powers conferred by the Constitution or otherwise by this Measure:—iPower to frame an annual budget of moneys required for the maintenance of the work of the Church in the parish and otherwise and to take such steps as they think necessary for the raising collecting and allocating of such moneys;iiPower to make levy and collect a voluntary church rate for any purpose connected with the affairs of the church including the administrative expenses of the council and the costs of any legal proceedings;iiiPower jointly with the minister to appoint and dismiss the parish clerk and sexton or any persons performing or assisting to perform the duties of parish clerk or sexton and to determine their salaries and the conditions of the tenure of their offices or of their employment but subject to the rights of any persons holding the said offices at the appointed day;ivPower jointly with the minister to determine the objects to which all moneys to be given or collected in church shall be allocated . . . vPower to make representations to the bishop with regard to any matter affecting the welfare of the church in the parish.2The objects referred to in subsection (1)(iv) may be determined either generally or by reference to particular occasions or occasions of a particular class.7AIn its application to a council, section 185 of the Charities Act 2011 (remuneration of charity trustees providing goods or services to charity) has effect as if, in subsection (3), the words “or under a contract of employment” were omitted (and a council may, accordingly, enter into a contract of employment with a member or connected person under which remuneration is provided).81Every council shall furnish to the annual parochial church meeting for discussion the financial statements of the council for the financial year immediately preceding the meeting.2The financial year referred to in subsection (1) above shall be such period as may be prescribed and the financial statements referred to in that subsection shall be prepared in the prescribed form, audited or independently examined as prescribed and published and displayed in the prescribed manner.3 In subsection (2) above “ prescribed ” means specified by the Church Representation Rules or by regulations made under those Rules. 8A1This section applies where—aan office in a parish is vacant, andbno express provision for filling the vacancy is made by or under a Measure or Canon.2The bishop of the diocese in which the parish is situated must give directions for the discharge of the functions of the holder of the office.91The bishop may subject to the provisions of this Measure and the Constitution make rules for carrying this Measure into effect within the diocese.2If any act required by this Measure to be done by any person is not done within such time as the bishop may consider reasonable it may be done by or under the authority of the bishop.3In the event of a council and a minister being unable to agree as to any matter in which their agreement or joint action is required under the provisions of this Measure, such matter shall be dealt with or determined in such manner as the bishop may direct.4During a vacancy in a diocesan see the powers conferred upon the bishop by this section may be exercised by the guardian of the spiritualities.101This Measure may be cited as the Parochial Church Councils (Powers) Measure 1956.2This Measure shall come into operation on the second day of January, 1957.3This Measure shall extend to the whole of the Provinces of Canterbury and York except the Channel Islands and the Isle of Man:Provided that, if an Act of Tynwald so provides, this Measure shall extend to the Isle of Man subject to such modifications, if any, as may be specified in such Act of Tynwald.4The Parochial Church Councils (Powers) Measure, 1921, and theParochial Church Councils (Powers) (Amendment) Measure, 1949, are hereby repealed.Measure wholly in force at 2.1.1957 see s. 10(2)Act modified (30.6.1999 with application as mentioned in s. 38(3)) by 1999 No. 1, s. 12(5) (with ss. 33, 34, 37)References to “Council” modified by Cathedrals Measure 1963 (No. 2) s. 12(4)(a)Words substituted by virtue of Synodical Government Measure 1969 (No. 2) s. 4(7)S. 2 substituted by Synodical Government Measure 1969 (No. 2), s. 6Word substituted by Church of England (Miscellaneous Provisions) Measure 1983 (No. 2, SIF 21:3), s. 5S. 3 excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b)S. 4(1)(ii) extended by Pastoral Measure 1983 (No. 1, SIF 21:4), ss. 20–22, 24, 27, 29, 31, 32, 40, Sch. 3 para. 12(4)1855 c. 128. 1868 c. 109. S. 5(1) excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b)Words substituted by virtue of S.I. 1964/490 and 1970/1536Words in s. 5(5) substituted (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2), s. 11(1)(a);Archbishops' Instrument made 26.7.1991Words in s. 5(5) omitted (1.8.1991) by virtue of Diocesan Boards of Education Measure 1991 (No. 2), s. 11(1)(b);Archbishops' Instrument made 26.7.1991 S. 6 excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b) S. 6(1) excluded (retrospectively) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1) , s. 10(1) ; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York . S. 6(2) extended (1.4.1978) by Endowments and Glebe Measure 1976 (No. 4) , s. 23(3) S. 6(2) excluded (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1) , s. 10(2) ; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York . S. 6(3A) inserted (1.5.1996) by 1995 No. 1 , s. 9 ; Instrument dated 12.2.1996 made by Archbishops of Canterbury and York Words substituted by virtue of S.I. 1964/490 and 1970/1536 S. 7(iii)(iv) excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b)Words repealed by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), ss. 13, 14(2), Sch. 3S. 8 excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b)S. 9 excluded by Cathedrals Measure 1963 (No. 2) s. 12(4)(b)The text of S. 10(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.S. 8 substituted (1.6.2005) by Church of England (Miscellaneous Provisions) Measure 2005 (No. 3), ss. 4, 11(2); S.I. 2005/2, Instrument made by Archbishops Words in s. 6(5) substituted (27.2.2007) by Charities Act 2006 (c. 50) , s. 79(2) , Sch. 8 para. 38 ; S.I. 2007/309 , art. 2 , Sch. S. 4(1)(ii) powers continued (1.7.2012) by Mission and Pastoral Measure 2011 (No. 3), s. 112(3), Sch. 3 para. 10(4) (with ss. 100, 105(4), 107, 108(6), Schs. 8); S.I. 2012/1, art. 2S. 7(1): s. 7 renumbered as s. 7(1) (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 5(3), 21(2); S.I. 2014/1369, art. 2S. 7(2) added (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 5(3), 21(2); S.I. 2014/1369, art. 2S. 6A inserted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2), ss. 1(7), 3(2); S.I. 2015/1468, art. 2 S. 6(4A) inserted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2) , ss. 1(3) , 3(2) ; S.I. 2015/1468 , art. 2 Words in s. 6(3) substituted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2) , ss. 1(2) , 3(2) ; S.I. 2015/1468 , art. 2 Words in s. 6(6) substituted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2) , ss. 1(5) , 3(2) ; S.I. 2015/1468 , art. 2 Words in s. 6(7) added (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2) , ss. 1(6) , 3(2) ; S.I. 2015/1468 , art. 2 S. 6(3) excluded (1.10.2015) by The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015 (S.I. 2015/1545), arts. 1(2), 2(1) (with art. 2(3)(4))S. 6(1) excluded (1.10.2015) by The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015 (S.I. 2015/1545), arts. 1(2), 2(1) (with art. 2(3)(4))Words in s. 6A(4) substituted (retrospectively) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 8(9), 11(8)(a), 17(2)(b)S. 7A inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 14(1), 17(3); S.I. 2019/67, art. 2(1)(m)S. 3(1): words in s. 3 renumbered as s. 3(1) (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 11(5), 17(3); S.I. 2019/67, art. 2(1)(j)S. 3(2): words in s. 3 renumbered as s. 3(2) (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 11(5), 17(3); S.I. 2019/67, art. 2(1)(j)S. 3(3)-(5) inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 11(5), 17(3); S.I. 2019/67, art. 2(1)(j)S. 3A repealed (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 14(2), 17(3) (with s. 14(4)); S.I. 2019/67, art. 2(1)(m)Measure power to apply (with modifications) conferred by 1969 No. 2, Sch. 3 rule M39(5) (as substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 1 (with Sch. 3); S.I. 2019/1460, art. 2)S. 8A inserted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 2 para. 12; S.I. 2019/1460, art. 2Words in s. 1 substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 2 para. 9; S.I. 2019/1460, art. 2S. 2(2A) inserted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 2 para. 10(3); S.I. 2019/1460, art. 2S. 2(2)(f) inserted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 2 para. 10(2); S.I. 2019/1460, art. 2Words in s. 8(3) substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 2 para. 11; S.I. 2019/1460, art. 2Measure modified (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), s. 40(4) (with ss. 42(4), 48, 52(1))Measure: power to modify conferred (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), s. 41(2)(d) (with ss. 42(4), 48, 52(1))Words in s. 7A inserted (31.10.2022) by Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 41(a); S.I. 2022/1109, Sch. para. 11(j)Word in s. 7A substituted (31.10.2022) by Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 41(b); S.I. 2022/1109, Sch. para. 11(j)