SCHEDULE I Constitution of the Commissioners
F1C2C1 1
The Commissioners shall be—
a
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;
three other clerks in Holy Orders elected by those members of the House of Clergy of the General Synod who are not deans F20 , whether or not those clerks are members of that House F19 ...;
four lay persons elected by the House of Laity of the General Synod F21, whether or not those persons are members of that House;
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.
F302
1
Each elected Commissioner is to hold office for a period of five years; and each election is to be conducted in accordance with the Standing Orders of the General Synod.
2
Each nominated Commissioner is to hold office for such period not exceeding five years as the person or persons making the nomination determine.
3
A person who has held office as an elected Commissioner or as a nominated Commissioner, or as either, for a continuous period of ten years—
a
ceases to hold office at the end of that period or, if the person continues to hold office under sub-paragraph (4) or paragraph 3, at the end of that period of continuation, and
b
is not eligible for election or appointment as a Commissioner until after the end of five years beginning with the date on which the person last ceased to hold office (including, where applicable, under sub-paragraph (4) or paragraph 3).
4
A nominated Commissioner who has held office for a continuous period of ten years may continue to hold office for the period determined under paragraph (b) if—
a
the Board, having satisfied itself that there are exceptional circumstances which would justify a continuation, has requested the person or persons who last nominated that Commissioner to nominate that Commissioner to continue to hold office for a period not exceeding 12 months, and
b
the person or persons concerned, having agreed to the request, nominate the Commissioner to hold office for such period not exceeding 12 months as the person or persons may determine.
5
The nomination of a person under sub-paragraph (4)(b) is to be made in the same manner as the last nomination of the person under paragraph 1(b) was made.
3
In the event of delay in the F2election 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 F3elected or nominated, continue to hold office until a successor is F3elected or nominated.
4
A person shall be disqualified from being a Commissioner so long as he is a salaried official of any central F31... body in the Church of England.
F45
If an elected Commissioner who was qualified for election by virtue of being a bishop, a dean F22 ..., a clerk in Holy Orders or a lay person ceases to be so qualified, he shall cease to be a Commissioner.
F55A
1
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 F24 in accordance with the Standing Orders of the General Synod.
F286
Every lay Commissioner, other than a person who is a Commissioner in right of office, shall, upon appointment and before acting as a Commissioner, sign and return to an officer of the Commissioners a written declaration of F32—
a
membership of the Church of England or of a Church which subscribes to the doctrine of the Holy Trinity, and
b
support for the charitable objects of the Commissioners.
F6SCHEDULE II. . .
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 F14General 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 F15General 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 F16General Synod, ceases to be so qualified, he shall thereby vacate his membership.
F7F7SCHEDULE III
Sch. 3 repealed by Church Commissioners Measure 1964 (No. 8), s. 2(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
SCHEDULE IV General Provisions relating to the Commissioners, the Board and Committees
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, F8election or nomination of any member or, in relation to a committee, in the appointment of any member.
2
F113
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.
F334
1
A person elected to fill a casual vacancy among the elected Commissioners is to hold office for a period of five years.
2
A person nominated to fill a casual vacancy among the nominated Commissioners is to hold office for such period not exceeding five years as the person or persons making the nomination determine.
F343
A person appointed to fill a casual vacancy among the appointed members of the Assets Committee or of the Audit and Risk Committee is to hold office for such period not exceeding five years as the person or body making the appointment determines.
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:
F12. . .
F265A
1
The chairman of F35the Commissioners, the Board or of any committee may, if he considers that any business can properly be conducted by correspondence, instruct the secretary of F35the Commissioners, the Board or of the committee to circulate to F35the Commissioners, the Board or the committee in writing or by electronic transmission proposals requiring the approval of F36the Commissioners or (as the case may be) the members of the Board or committee.
2
Unless objections to the proposals are received from any members in such numbers and within such period from the date of their posting or transmission (as the case may be), as may be specified in Standing Orders, the proposals shall be deemed, at the expiry of that period, to be approved by the Board or the committee with the same effect as if they had been approved at a duly convened meeting.
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 F13Assets Committee and the Audit Committee have effect subject to any special provisions with respect thereto contained in this Measure.
F298
1
A reference in this Measure to a meeting of the Commissioners, the Board or a committee includes a reference to a meeting which persons may attend, speak at, vote in or otherwise participate in without all of the persons, or without any of the persons, being together in the same place.
2
A reference in this Measure to a place where a meeting of the Commissioners, the Board or a committee is held, or is to be held, includes a reference to more than one place, including electronic, digital or virtual locations, web addresses or conference call telephone numbers.
3
A person is to be regarded as present at a meeting of the Commissioners, the Board or a committee at any given time if the person is at that time able to hear and be heard, and where practicable see and be seen, by the other persons present.
4
A reference in this Measure to being present at a meeting of the Commissioners, the Board or a committee includes a reference to being present by electronic means, including by telephone conference, video conference, live webcast or live interactive streaming.
5
In this paragraph, “committee” means a committee constituted by or under this Measure.
Sch. II repealed (1.1.1999) by 1998 No. 1, s. 13(2); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York