Good Governance in Parochial Ministry You couldnt make

PCC Members as Charity Trustees Louise Connacher Partner, Lupton Fawcett LLP Good Governance in

Functions and powers of the PCC • Principal function of the PCC: “promoting in

PCCs as charities • All PCCs are charities • Registration with the Charity Commission?

PCC members - qualifications • • 16 years’ old Actual communicant On the Electoral

PCC members - disqualification • Disqualified from being a Charity Trustee • Included in

Trustees’ duties (1) • Ensure your charity is carrying out its purposes for the

Trustees’ duties (2) • Manage your charity’s resources responsibly • Act with reasonable care

Liability of PCC members • PCC members are entitled to meet the PCC’s liabilities

Employing PCC members • A PCC member can be: – employed by the PCC;

PCC members - property • Responsibility for the care, maintenance, preservation and insurance of

PCC members – property relationships • Property in plate, ornament and other moveable goods

Making changes • Faculty Jurisdiction: The regulation of the making of changes or alterations

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Good Governance in Parochial Ministry You couldn’t make it up!

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 – s 7 A 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 S 4 Parochial Church Councils (Powers) Measure 1956

PCC members – property relationships • Property in plate, ornament and other moveable goods vested in churchwardens (Canon E 1. 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/facultyjurisdiction/ • 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)