Good Governance in Parochial Ministry

 
Good Governance in
Parochial Ministry
 
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PCC Members as Charity Trustees
 
Louise Connacher
Partner, Lupton Fawcett LLP
 
Good Governance in Parochial Ministry
 
Functions and powers of the PCC
 
Principal function of the PCC:
“promoting in the parish the whole mission of the
Church, pastoral, evangelistic, social and
ecumenical”
 
Parochial Church Council (Powers) Measure 1956
 
PCCs as charities
 
All PCCs are charities
Registration with the Charity Commission?
PCC members are charity trustees
responsibility
accountability
authority and power to act
 
PCC members - qualifications
 
16 years’ old
Actual communicant
On the Electoral Roll for at least 6 months
Not disqualified
 
PCC members - disqualification
 
Disqualified from being a Charity Trustee
Included in a barred list
Convicted of an offence listed in Sched 1
Children & Young Persons Act 1933
Disqualified from holding office under s 10(6)
Incumbents (Vacation of Benefices) Measure
1977
 
Trustees’ duties (1)
 
Ensure your charity is carrying out its
purposes for the public benefit
Comply with your charity’s governing
document and the law
Act in your charity’s best interests
 
Trustees’ duties (2)
 
Manage your charity’s resources responsibly
Act with reasonable care and skill
Ensure your charity is accountable
Annual Accounts
Annual Report
 
Charity Commission guidance “The essential trustee: what you
need to know, what you need to do”
 
Liability of PCC members
 
PCC members are entitled to meet the PCC’s
liabilities out of its resources
Personal liability
arises only where trustees fail to act in accordance
with their legal responsibilities as trustees
Insurance
 
Employing PCC members
 
A PCC member can be:
employed by the PCC; or
receive payment for services provided by the PCC
Conditions
s7A Parochial Church Council (Powers) Measure
1956
note: no need to obtain Charity Commission
approval
 
PCC members - property
 
Responsibility for the care, maintenance,
preservation and insurance of church and
goods and ornaments thereof
Care and maintenance of any churchyard
 
S4 Parochial Church Councils (Powers) Measure 1956
 
PCC members – property relationships
 
Property in plate, ornament and other
moveable goods vested in churchwardens
(Canon E1.4)
Freehold of the real property of the benefice
vested in the incumbent
Reflected in the wording of the induction
service
 
Making changes
 
Faculty Jurisdiction: The regulation of the making
of changes or alterations to church buildings,
their contents and their curtilage
https://ecclawsoc.org.uk/education/legal/faculty-
jurisdiction/
M. Hill, 
Ecclesiastical Law 
(4
th
 ed, Oxford, 2018)
pp 7.01-7.137
C. Mynors, 
Changing Churches, a practical guide
to the faculty system
 (Bloomsbury, 2016)
 
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Exploring the important aspects of governance in parochial ministry, including the roles and responsibilities of PCC members as charity trustees, the functions and powers of the PCC, qualifications and disqualifications for PCC members, trustees' duties, and the liability of PCC members. Emphasizes the need for responsible management, compliance with legal requirements, and accountability in carrying out the mission of the Church.

  • Governance
  • Parochial Ministry
  • PCC Members
  • Charity Trustees
  • Legal Responsibilities

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  1. Good Governance in Parochial Ministry You couldn t make it up!

  2. PCC Members as Charity Trustees Louise Connacher Partner, Lupton Fawcett LLP Good Governance in Parochial Ministry

  3. Functions and powers of the PCC Principal function of the PCC: promoting in the parish the whole mission of the Church, pastoral, evangelistic, social and ecumenical Parochial Church Council (Powers) Measure 1956

  4. PCCs as charities All PCCs are charities Registration with the Charity Commission? PCC members are charity trustees responsibility accountability authority and power to act

  5. PCC members - qualifications 16 years old Actual communicant On the Electoral Roll for at least 6 months Not disqualified

  6. PCC members - disqualification Disqualified from being a Charity Trustee Included in a barred list Convicted of an offence listed in Sched 1 Children & Young Persons Act 1933 Disqualified from holding office under s 10(6) Incumbents (Vacation of Benefices) Measure 1977

  7. Trustees duties (1) Ensure your charity is carrying out its purposes for the public benefit Comply with your charity s governing document and the law Act in your charity s best interests

  8. Trustees duties (2) Manage your charity s resources responsibly Act with reasonable care and skill Ensure your charity is accountable Annual Accounts Annual Report Charity Commission guidance The essential trustee: what you need to know, what you need to do

  9. Liability of PCC members PCC members are entitled to meet the PCC s liabilities out of its resources Personal liability arises only where trustees fail to act in accordance with their legal responsibilities as trustees Insurance

  10. Employing PCC members A PCC member can be: employed by the PCC; or receive payment for services provided by the PCC Conditions s7A Parochial Church Council (Powers) Measure 1956 note: no need to obtain Charity Commission approval

  11. PCC members - property Responsibility for the care, maintenance, preservation and insurance of church and goods and ornaments thereof Care and maintenance of any churchyard S4 Parochial Church Councils (Powers) Measure 1956

  12. PCC members property relationships Property in plate, ornament and other moveable goods vested in churchwardens (Canon E1.4) Freehold of the real property of the benefice vested in the incumbent Reflected in the wording of the induction service

  13. Making changes Faculty Jurisdiction: The regulation of the making of changes or alterations to church buildings, their contents and their curtilage https://ecclawsoc.org.uk/education/legal/faculty- jurisdiction/ M. Hill, Ecclesiastical Law (4th ed, Oxford, 2018) pp 7.01-7.137 C. Mynors, Changing Churches, a practical guide to the faculty system (Bloomsbury, 2016)

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