OpenLegislation

Church Commissioners Measure 1947 in Wales

10 & 11 Geo. 6 ukcm 2 · Enacted 2 April 1947 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 25 January 2024.

Contents

  1. 1Establishment of the Church Commissioners.
  2. 2Transfer of functions and property.
  3. 3Method of business.
  4. 6AFurther provisions relating to the Assets Committee
  5. 8†Secretary, agents and other officers.
  6. 9Sealing and execution of documents by the Commissioners
  7. 11Accounts and audit.
  8. 12Annual report and accounts to be laid before Parliament and Church Assembly.
  9. 13Pending and existing proceedings and contracts, etc.
  10. 13ACharitable object relating to facilities at Lambeth Palace Library
  11. 14Transfer of stock.
  12. 15Transfer of Officers.
  13. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. 18Interpretation.
  15. 19Short title.
  16. Schedule I: Constitution of the Commissioners
  17. 4Paragraph 4
  18. 6Paragraph 6
  19. 1Paragraph 1
  20. 2Paragraph 2
  21. 3Paragraph 3
  22. 4Paragraph 4
  23. 5Paragraph 5
  24. 6Paragraph 6
  25. 7Paragraph 7
  26. 8Paragraph 8
  27. Schedule IIISchedule III
  28. Schedule IV: General Provisions relating to the Commissioners, the Board and Committees
  29. 5AParagraph 5A
  30. 6Paragraph 6
  31. 8Paragraph 8

1Establishment of the Church Commissioners.

(1)

For the purpose of uniting Queen Anne’s Bounty with the Ecclesiastical Commissioners there shall be established, by the name of the Church Commissioners for England, a body corporate having perpetual succession and a common seal . . . F1

(2)

The said body (hereafter in this Measure referred to as “the Commissioners”) shall be constituted in accordance with the provisions of the First Schedule to this Measure, and may for all purposes be referred to as the “Church Commissioners.”

2Transfer of functions and property.

On the appointed day Queen Anne’s Bounty and the Ecclesiastical Commissioners (hereafter in this Measure referred to as “the constituent authorities”) shall be dissolved and—

(a)

all functions, rights and privileges of either of them shall be transferred to, and become functions, rights and privileges of, the Commissioners;

(b)

all property vested in either of them shall be transferred to, and shall by virtue of this section and without any conveyance, assignment, transfer or other assurance vest in, the Commissioners: and

(c)

all property held in trust for either of them shall be held in trust for the Commissioners:

Provided that a vesting of property by virtue of paragraph (b) of this section shall not affect any previously existing trust or mortgage or other charge affecting the property, or any previously existing lease or tenancy thereof.

3Method of business.

The business of the Commissioners, except the exercise of powers which, under this or any other Measure or any enactment, are required to be exercised at a general meeting of the Commissioners, shall be transacted in accordance with the provisions of this Measure by a Board of Governors (hereafter in this Measure referred to as “the Board”), F1and the committees constituted by or under this Measure.

6AFurther provisions relating to the Assets CommitteeF1

(1)

The Commissioners may exercise their powers to make investments by entering into derivative contracts, derivative financial instruments and equity instruments and the function of the Assets Committee, under section 6(3)(a) above, to make, realise and change investments includes power to enter into any of those contracts or instruments.

(2)

In subsection (1) above, “derivative contracts” means options, futures or contracts for differences, within the meaning which those expressions have for the purposes of the Corporation Tax Act 2009, and “derivative financial instruments” and “equity instruments” have the same meanings as in that Act.

(3)

The Commissioners may, by regulations, amend subsection (1) above by adding other financial instruments to those listed in that subsection.

(4)

A draft of any regulations proposed to be made shall be laid before the General Synod and, if they are approved by the General Synod with or without amendment, the draft regulations so approved shall be referred to the Commissioners.

(5)

Where draft regulations are referred to the Commissioners under subsection (4) above—

(a)

if they have been approved by the General Synod without any amendment, the Commissioners shall, by applying their seal, make the regulations;

(b)

if they have been approved by the General Synod with amendments, the Commissioners may either—

(i)

by applying their seal make the regulations as amended, or

(ii)

withdraw the draft regulations for further consideration in view of any amendment by the General Synod,

and the regulations shall not come into force until they have been sealed by the Commissioners.

(6)

Where the Business Committee of the General Synod determines that draft regulations do not need to be debated by the General Synod, then unless—

(a)

notice is given by a member of the General Synod in accordance with its standing orders that he or she wishes the draft regulations to be debated, or

(b)

notice is given by any such member that he or she wishes to move an amendment to the draft regulations,

the draft regulations shall, for the purposes of subsections (4) and (5) above, be deemed to have been approved by the General Synod without amendment.

(7)

The Statutory Instruments Act 1946 (c. 36) applies to any regulations sealed by the Commissioners under subsection (5) above as if they were a statutory instrument and were made when sealed by the Commissioners, and as if this Measure were an Act providing that any such regulations were to be subject to annulment in pursuance of a resolution of either House of Parliament.

8†Secretary, agents and other officers.C1

(1)

The Commissioners shall from time to time at any general meeting appoint a secretary upon such terms as they may think fit.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

9Sealing and execution of documents by the CommissionersF5

(1)

The common seal of the Commissioners shall be judicially noticed and shall be authenticated by the signature of the secretary, or of some other officer of the Commissioners authorised by the Board to act in that behalf.

(2)

Every document purporting to be sealed with the said seal and to be authenticated by the signature of the secretary, or of a person so authorised to act in that behalf, shall be received in evidence and be deemed to be such an instrument without further proof, unless evidence to the contrary is given.

F1(3)

A document signed by two members of the Board and expressed (in whatever form of words) to be executed by the Commissioners shall have the same effect as if executed under the common seal of the Commissioners.

(F23A)

A document which is signed by two officers of the Commissioners authorised by the Board for that purpose, and which is expressed (in whatever form of words) to be signed on behalf of the Commissioners, shall have the same effect as if executed under the common seal of the Commissioners.

(3B)

An authorisation under subsection (3A) shall have effect subject to such limitations or conditions as may be specified in it.

(4)

A document executed by the Commissioners 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.

(5)

In favour of a purchaser a document shall be deemed to have been duly executed by the Commissioners if it purports to be F3signed in accordance with subsection (3) or (3A).

(6)

In subsection (5) above “ purchaser ” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who, for valuable consideration, acquires an interest in property.

F4(3)

In this section “ signature ” includes signature by electronic means.

11Accounts and audit.

(1)

The Commissioners shall cause such accounts to be kept as may be required for the due performance and discharge of their functions.

(2)

The accounts of the Commissioners shall in every year be audited F1..., and the auditor’s report thereon shall for the purposes of the next succeeding section be deemed to form part of the accounts.

12Annual report and accounts to be laid before Parliament and Church Assembly.

(1)

So soon as may be after the close of every financial year the Board shall prepare a report of the work and proceedings of the Commissioners during that year, and shall present the report and accounts for that year to the Commissioners at their annual general meeting.

C1(2)

Within thirty days after such meeting the secretary shall transmit the report and accounts, together with a copy of any resolution passed by the Commissioners with reference thereto, to the F1Lord Chancellor, who shall lay copies of the report, accounts and resolution, if any, before both Houses of Parliament.

(3)

Within the same period the secretary shall also send copies of the said documents to the secretary of the Church Assembly, who shall lay them before the Assembly.

13Pending and existing proceedings and contracts, etc.

(1)

No proceedings or cause of action pending or existing immediately before the appointed day by or against either of the constituent authorities shall abate, be discontinued or in any way prejudicially affected by this Measure, but any such proceedings may be continued and enforced by or against the Commissioners.

(2)

All contracts, bonds, agreements and other instruments subsisting immediately before the appointed day and affecting either of the constituent authorities shall be of as full force and effect against, or in favour of, the Commissioners and may be enforced as fully and effectually as if the Commissioners had been a party thereto instead of the constituent authority.

13ACharitable object relating to facilities at Lambeth Palace LibraryF1

The charitable objects of the Commissioners are to include providing the National Church Institutions with access to the facilities for archiving and document storage at Lambeth Palace Library.

14Transfer of stock.

(1)

Where any stock is standing in the books of a company in the name of either of the constituent authorities, a request by the secretary of the Commissioners and production of a copy of this Measure printed by or for the King’s Printer of Acts of Parliament shall be a sufficient authority to the company to transfer the stock into the name of and to pay dividends on the stock to, the Commissioners.

(2)

In this section the expression—

  • “company” includes the Bank of England and any company or person keeping books in which any stock is registered or inscribed; and

  • “stock” includes any share, annuity or other security.

15Transfer of Officers.

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

18Interpretation.

C1(1)

In this Measure, unless the context otherwise requires—

  • “the appointed day” means the first day of April in such year as the Archbishop of Canterbury may appoint by a notice published in the London Gazette not later than the first day of December in the preceding year;

  • “dean” includes the dean F1... of any cathedral church in England, and the deans of Westminster and Windsor;

  • “functions” includes powers and duties;

  • “officer” includes servant;

  • “procedure” includes the fixing of a quorum;

  • “property” includes a thing in action and any interest in real or personal property;

  • “superannuation benefits” has the same meaning as it has in the M1Superannuation (Various Services) Act, 1938.

(2)

References in any Act or Measure (other than this Measure) or in any other document (including any testamentary document) to either of the constituent authorities, or to the common or corporate fund of either of them, shall be construed as references to the Commissioners or, as the case may be, to their general fund.

F2(3)

A reference in this Measure to a meeting of the Commissioners, the Board or a committee constituted by or under this Measure, including a reference to the place at which such a meeting is or is to be held or a reference to being present at such a meeting, is to be construed in accordance with paragraph 8 of Schedule 4.

F3(4)

A reference in this Measure to a committee constituted by or under this Measure includes a reference to a sub-committee established by that committee (but is not to be read as enabling a sub-committee to establish a sub-committee of its own).

19Short title.

This Measure may be cited as the Church Commissioners Measure, 1947.

4

A person shall be disqualified from being a Commissioner so long as he is a salaried official of any central F1... body in the Church of England.

6F1

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 F2—

(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.

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 F1General 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 F1General 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 F1General Synod, ceases to be so qualified, he shall thereby vacate his membership.

Schedule IIIF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5AF1

(1)

The chairman of F2the Commissioners, the Board or of any committee may, if he considers that any business can properly be conducted by correspondence, instruct the secretary of the Commissioners, the Board or of the committee to circulate to the Commissioners, the Board or the committee in writing or by electronic transmission proposals requiring the approval of F3the 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.

8F1

(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.