Supplementary Material

TEXTS OF SELECTED ENACTMENTS REFERRED TO IN THE RULES

 

Incumbents (Vacation of Benefices) Measures 1977 and 1993 (see Rule 46A)

Section 10 (Powers of Bishop where there has been a pastoral breakdown between incumbent and parishioners)

5. Where the tribunal reports to the bishop that in its opinion the serious breakdown of the pastoral relationship between the incumbent concerned and the parishioners is one to which the conduct of the incumbent concerned has contributed over a substantial period, the bishop may rebuke the incumbent and may, if he thinks fit, disqualify him from executing or performing without the consent of the bishop any such right or duty of or incidental to his office, and during such period, as the bishop may specify.

6. Where the tribunal reports to the bishop that in its opinion such a breakdown as is mentioned in subsection 5 above is one to which the conduct of the parishioners has contributed over a substantial period, the bishop may rebuke such of them as he thinks fit and may, if he thinks fit, disqualify such of them as he thinks fit from being a churchwarden or member or officer of the parochial church council of the parish in question and of such other parishes in his diocese as he may specify during such period not exceeding five years as he may specify.

Charities Act 1993

Section 72 (Persons disqualified for being trustees of a charity) (see Rule 46A)

1. Subject to the following provisions of this section, a person shall be disqualified for being a charity trustee or trustee for a charity if -

(a) he has been convicted of any offence involving dishonesty or deception;

(b) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged;

(c) he has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it;

(d) he has been removed from the office of charity trustee or trustee for a charity by an order made -

(i) by the Commissioners under section 18(2)(i) above, or

(ii) by the Commissioners under section 20(1A)(i) of the Charities Act 1960 (power to act for protection of charities) or under section 20(1)(i) of that Act (as in force before the commencement of section 8 of the Charities Act 1992), or

(iii) by the High Court, on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated;

(e) he has been removed, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), from being concerned in the management of control of any body;

(f) he is subject to a disqualification order under the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

2. In subsection 1 above -

(a) paragraph (a) applies whether the conviction occurred before or after the commencement of that subsection, but does not apply in relation to any conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974;

(b) paragraph (b) applies whether the adjudication of bankruptcy or the sequestration occurred before or after the commencement of that subsection;

(c) paragraph (c) applies whether the composition or arrangement was made, or the trust deed was granted, before or after the commencement of that subsection; and

(d) paragraphs (d) to (f) apply in relation to orders made and removals effected before or after the commencement of that subsection.

3. Where (apart from this subsection) a person is disqualified under subsection 1(b) above for being a charity trustee or trustee for any charity which is a company, he shall not be so disqualified if leave has been granted under section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts) for him to act as director of the charity; and similarly a person shall not be disqualified under subsection 1(f) above for being a charity trustee or trustee for such a charity if -

(a) in the case of a person subject to a disqualification order, leave under the order has been granted for him to act as director of the charity, or

(b) in the case of a person subject to an order under section 429(2)(b) of the Insolvency Act 1986, leave has been granted by the court which made the order for him so to act.

4. The Commissioners may, on the application of any person disqualified under subsection 1 above, waive his disqualification either generally or in relation to a particular charity or a particular class of charities; but no such waiver may be granted in relation to any charity which is a company if -

(a) the person concerned is for the time being prohibited, by virtue of -

(i) a disqualification order under the Company Directors Disqualification Act 1986, or

(ii) section 11(1) or 12(2) of that Act (undischarged bankrupts; failure to pay under county court administration order), from acting as director of the charity; and

(b) leave has not been granted for him to act as director of any other company.

5. Any waiver under subsection 4 above shall be notified in writing to the person concerned.

6. For the purposes of this section the Commissioners shall keep, in such manner as they think fit, a register of all persons who have been removed from office as mentioned in subsection 1(d) above either -

(a) by an order of the Commissioners made before or after the commencement of subsection 1 above, or

(b) by an order of the High Court made after the commencement of section 45(1) of the Charities Act 1992;

and, where any person is so removed from office by an order of the High Court, the court shall notify the Commissioners of his removal.

7. The entries in the register kept under subsection 6 above shall be available for public inspection in legible form at all reasonable times.

Churchwardens Measure 2001

Sections 4 Time and manner of choosing and 5 Meeting of the parishioners

Section 4 .Time and manner of choosing

1. The churchwardens of a parish shall be chosen annually not later than the 30th April in each year.

2. Subject to the provisions of this Measure the churchwardens of a parish shall be elected by a meeting of the parishioners.

3. Candidates for election at the meeting must be nominated and seconded in writing by persons entitled to attend the meeting and each nomination paper must include a statement, signed by the person nominated, to the effect that that person is willing to serve as a churchwarden and is not disqualified under section 2(1), (2) or (3) above.

4. A nomination shall not be valid unless -

(a) the nomination paper is received by the minister of the parish before the commencement of the meeting; and

(b) in the case of a person who is not qualified by virtue of section 1(3) (a), (b) or (c) above, the bishop's permission was given under section 1(4) above before the nomination paper is received by the minister of the parish.

5. If it appears to the minister of the parish that the election of any particular person nominated might give rise to serious difficulties between the minister and that person in the carrying out of their respective functions the minister may, before the election is conducted, make a statement to the effect that only one churchwarden is to be elected by the meeting. In that event one churchwarden shall be appointed by the minister from among the persons nominated, the name of the person so appointed being announced before the election is conducted, and the other shall then be elected by the meeting.

6. During any period when there is no minister -

(a) subsection (4) above shall apply with the substitution for the words 'minister of the parish' of the words 'churchwarden by whom the notice convening the meeting was signed'; and

(b) subsection (5) above shall not apply.

7. A person may be chosen to fill a casual vacancy among the churchwardens at any time.

8. Any person chosen to fill a casual vacancy shall be chosen in the same manner as was the churchwarden whose place he is to fill except that, where the churchwarden concerned was appointed by the minister and the minister has ceased to hold office, the new churchwarden to fill the casual vacancy shall be elected by a meeting of the parishioners.

Section 5 .Meeting of the parishioners

1. A joint meeting of -

(a) the persons whose names are entered on the church electoral roll of the parish; and

(b) the persons resident in the parish whose names are entered on a register of local government electors by reason of such residence'

shall be deemed to be a meeting of the parishioners for the purposes of this Measure.

2. The meeting of the parishioners shall be convened by the minister or, during any period when there is no minister or when the minister is unable or unwilling to do so, the churchwardens of the parish by a notice signed by the minister or a churchwarden as the case may be.

3. The notice shall state the place, day and hour at which the meeting of the parishioners is to be held.

4. The notice shall be affixed on or near to the principal door of the parish church and of every other building licensed for public worship in the parish for a period including the last two Sundays before the meeting.

5. The minister, if present, or, if he is not present, a chairman chosen by the meeting of the parishioners, shall preside thereat.

6. In case of an equal division of votes on any question other than one to determine an election of a churchwarden the chairman of the meeting of parishioners shall not have a second or casting vote and the motion on that question shall be treated as lost.

7. The meeting of the parishioners shall have power to adjourn, and to determine its own rules of procedure.

8. A person appointed by the meeting of the parishioners shall act as clerk of the meeting and shall record the minutes thereof.

Synodical Government Measure 1969

Article 8 (from Schedule 2 to the Measure) (see Rule 34(1)(e) and (h))

1. A Measure or Canon providing for permanent changes in the Services of Baptism or Holy Communion or in the Ordinal, or a scheme for a constitutional union or a permanent and substantial change of relationship between the Church of England and another Christian body being a body a substantial number of whose members reside in Great Britain, shall not be finally approved by the General Synod unless, at a stage determined by the Archbishops, the Measure or Canon or scheme, or the substance of the proposals embodied therein, has been approved by a majority of the dioceses at meetings of their diocesan synods or, in the case of the diocese in Europe, of the bishop's council and standing committee of that diocese.

1A. If the Archbishops consider that this Article should apply to a scheme which affects the Church of England and another Christian body but does not fall within paragraph 1 of this Article, they may direct that this Article shall apply to that scheme, and where such a direction is given this Article shall apply accordingly.

1B. The General Synod may by resolution provide that final approval of any such scheme as aforesaid, being a scheme specified in the resolution, shall require the assent of such special majorities of the members present and voting as may be specified in the resolution, and the resolution may specify a special majority of each House or of the whole Synod or of both, and in the latter case the majorities may be different.

1C. A motion for the final approval of a Measure providing for permanent changes in any such Service or in the Ordinal shall not be deemed to be carried unless it receives the assent of a majority in each House of the General Synod of not less than two-thirds of those present and voting.

Section 4(4) (see Rule 34(1)(k))

4. Except as may be provided by standing orders or directions of the diocesan synod, the advisory and consultative functions of the synod under subsections 2(b) and 3 of this section may be discharged on behalf of the synod by the bishop's council and standing committee appointed in accordance with rule 34 of the Church Representation Rules contained in Schedule 3 to this Measure, but either the bishop or the body so appointed may require any matter to be referred to the synod.

Article 3(4) (from Schedule 2 of the Measure) (see Rules 41 and 42(4))

4. A member of the General Synod may continue to act during the period of the dissolution as a member of any such Board, Commission, Committee or body:

Provided that, if a member of the Synod who is elected proctor of the clergy or an elected member of the House of Laity does not stand for re-election or is not re-elected, this paragraph shall cease to apply to him with effect from the date on which the election of his successor is announced by the presiding officer.

Charities Act 1993

Sections 43 (Annual audit or examination of charity accounts) and 44 (Supplementary provisions relating to audits, etc.)

Section 43 (Annual audit or examination of charity accounts) (see Rule 54(1))

1. Subsection 2 below applies to a financial year of a charity ('the relevant year') if the charity's gross income or total expenditure in any of the following, namely -

(a) the relevant year;

(b) the financial year of the charity immediately preceding the relevant year (if any), and

(c) the financial year of the charity immediately preceding the year specified in paragraph (b) above (if any), exceeds £250'000.

2. If this subsection applies to a financial year of a charity, the accounts of the charity for that year shall be audited by a person who -

(a) is, in accordance with section 25 of the Companies Act 1989 (eligibility for appointment), eligible for appointment as a company auditor, or

(b) is a member of a body for the time being specified in regulations under section 44 below and is under the rules of that body eligible for appointment as auditor of the charity.

3. If subsection 2 above does not apply to a financial year of a charity and its gross income or total expenditure in that year exceeds £10'000, then (subject to subsection 4 below) the accounts of the charity for that year shall, at the election of the charity trustees, either -

(a) be examined by an independent examiner, that is to say an independent person who is reasonably believed by the trustees to have the requisite ability and practical experience to carry out a competent examination of the accounts, or

(b) be audited by such a person as is mentioned in subsection 2 above.

4. Where it appears to the Commissioners -

(a) that subsection 2, or (as the case may be) subsection 3 above, has not been complied with in relation to a financial year of a charity within ten months from the end of that year, or

(b) that, although subsection 2 above does not apply to a financial year of a charity, it would nevertheless be desirable for the accounts of the charity for that year to be audited by such a person as is mentioned in that subsection'

the Commissioners may by order require the accounts of the charity for that year to be audited by such a person as is mentioned in that subsection.

5. If the Commissioners make an order under subsection 4 above with respect to a charity, then unless -

(a) the order is made by virtue of paragraph (b) of that subsection, and

(b) the charity trustees themselves appoint an auditor in accordance with the order, the auditor shall be a person appointed by the Commissioners.

6. The expenses of any audit carried out by an auditor appointed by the Commissioners under subsection 5 above, including the auditor's remuneration, shall be recoverable by the Commissioners -

(a) from the charity trustees of the charity concerned, who shall be personally liable, jointly and severally, for those expenses; or

(b) to the extent that it appears to the Commissioners not to be practical to seek recovery of those expenses in accordance with paragraph (a) above, from the funds of the charity.

7. The Commissioners may -

(a) give guidance to charity trustees in connection with the selection of a person for appointment as an independent examiner;

(b) give such directions as they think appropriate with respect to the carrying out of an examination in pursuance of subsection 3(a) above;

and any such guidance or directions may either be of general application or apply to a particular charity only.

8. The Secretary of State may by order amend subsection 1 or 3 above by substituting a different sum for the sum for the time being specified there.

9. Nothing in this section applies to a charity which is a company.

Section 44 (Supplementary provisions relating to audits, etc.) (see Rule 54(1))

1. The Secretary of State may by regulations make provision -

(a) specifying one or more bodies for the purposes of section 43(2)(b) above;

(b) with respect to the duties of an auditor carrying out an audit under section 43 above, including provision with respect to the making by him of a report on -

(i) the statement of accounts prepared for the financial year in question under section 42(1) above, or

(ii) the account and statement so prepared under section 42(3) above'

as the case may be;

(c) with respect to the making by an independent examiner of a report in respect of an examination carried out by him under section 43 above;

(d) conferring on such an auditor or on an independent examiner a right of access with respect to books, documents and other records (however kept) which relate to the charity concerned;

(e) entitling such an auditor or an independent examiner to require, in the case of a charity, information and explanations from past or present charity trustees or trustees for the charity, or from past or present officers or employees of the charity;

(f) enabling the Commissioners, in circumstances specified in the regulations, to dispense with the requirements of section 43(2) or (3) above in the case of a particular charity or in the case of any particular financial year of a charity.

2. If any person fails to afford an auditor or an independent examiner any facility to which he is entitled by virtue of subsection 1(d) or (e) above, the Commissioners may by order give -

(a) to that person, or

(b) to the charity trustees for the time being of the charity concerned'

such directions as the Commissioners think appropriate for securing that the default is made good.

3. Section 727 of the Companies Act 1985 (power of court to grant relief in certain cases) shall have effect in relation to an auditor or independent examiner appointed by a charity in pursuance of section 43 above as it has effect in relation to a person employed as auditor by a company within the meaning of that Act.