Churchwardens Measure 2001

Document Number:2001 No. 1
Coming into force:Coming into force on the 02/01/2002
 
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A Measure passed by the General Synod of the Church of England to make fresh provision with respect to churchwardens in the Church of England.

[10 th April 2001]

1 Number and qualifications of churchwardens

(1) Subject to the provisions of this Measure there shall be two churchwardens of every parish.

(2)(a) Where by virtue of a designation made by a pastoral scheme or otherwise a parish has more than one parish church, two churchwardens shall be appointed for each of the parish churches, and this Measure shall apply separately to each pair of churchwardens, but all the churchwardens shall be churchwardens of the whole parish except so far as they may arrange to perform separate duties in relation to the several parish churches.

(b) A church building or part of a building designated as a parish centre of worship under section 29(2) of the Pastoral Measure 1983 (1983 No. 1) shall, subject to subsection (4) of that section, be deemed while the designation is in force to be a parish church for the purposes of this subsection.

(3) The churchwardens of every parish shall be chosen from persons who have been baptised and—

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

(b) who are actual communicants;

(c) who are twenty–one years of age or upwards; and

(d) who are not disqualified under section 2 or 3 below.

(4) If it appears to the bishop, in the case of any particular person who is not qualified by virtue of paragraph (a) , (b) or (c) of subsection (3) above, that there are exceptional circumstances which justify a departure from the requirements of those paragraphs the bishop may permit that person to hold the office of churchwarden notwithstanding that those requirements are not met. Any such permission shall apply only to the period of office next following the date on which the permission is given.

(5) No person shall be chosen as churchwarden of a parish for any period of office unless he—

(a) has signified consent to serve as such; and

(b) has not signified consent to serve as such for the same period of office in any other parish (not being a related parish) or, if such consent has been signified and the meeting of the parishioners to elect churchwardens of that other parish has been held, was not chosen as churchwarden of that other parish.

In this subsection “related parish” means a parish—

(a) belonging to the benefice to which the first-mentioned parish belongs; or

(b) belonging to a benefice held in plurality with the benefice to which the first-mentioned parish belongs; or

(c) having the same minister as the first-mentioned parish.

(6) In relation to the filling of a casual vacancy among the churchwardens the reference in subsection (5)(b) above to the same period of office shall be construed as a reference to a period of office which includes the period for which the casual vacancy is to be filled.

2 General disqualifications

(1) A person shall be disqualified from being chosen for the office of churchwarden if he is disqualified from being a charity trustee under section 72(1) of the Charities Act 1993 (c. 10) and the disqualification is not for the time being subject to a general waiver by the Charity Commissioners under subsection (4) of that section or to a waiver by them under that subsection in respect of all ecclesiastical charities established for purposes relating to the parish concerned.

In this subsection “ecclesiastical charity” has the same meaning as that assigned to that expression in the Local Government Act 1894 (c. 73).

(2)(a) A person shall be disqualified from being chosen for the office of churchwarden if he has been convicted of any offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 (c. 12).

(b) In paragraph (a) above the reference to any offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 shall include an offence which, by virtue of any enactment, is to be treated as being included in any such reference in all or any of the provisions of that Act.

(3) A person shall be disqualified from being chosen for the office of churchwarden if he is disqualified from holding that office under section 10(6) of the Incumbents (Vacation of Benefices) Measure 1977 (No. 1).

(4) All rules of law whereby certain persons are disqualified from being chosen for the office of churchwarden shall cease to have effect.

3 Disqualification after six periods of office

Without prejudice to section 2 above, a person shall be disqualified from being chosen for the office of churchwarden when that person has...

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