Parochial Church Councils (Powers) Measure 1956

as it has effect in the Isle of Man

Reproduced by permission of the Treasury of the Isle of Man
© Crown copyright reserved

The Measure was first extended to the Isle of Man by the Church Act 1960 (of Tynwald). It now extends by virtue of the Parochial Church Councils and Accounts Measure (Isle of Man) 2010.

Text as at 1st October 2021

1. Definitions
2. General functions of council
3. Council to be body corporate
3A. Employment of members and other contractual services
4. Powers vested in council as successor to certain other bodies
5. Holding of property for ecclesiastical purposes: educational schemes
6. Notice to diocesan authority
7. Miscellaneous powers of council
8. Accounts of the council
8A. Vacancy in office: bishop to give directions
9. Powers of bishop
10. Short title, commencement, extent and repeals

GENERAL NOTE Commencement: the Measure came into force in the Isle of Man on 15th March 1960.

1. Definitions

In this Measure —

"Council" means a parochial church council;
"Diocesan Authority" means the Diocesan Board of Finance or any existing or future body appointed by the [Diocesan Synod] to act as trustees of diocesan trust property;
["Minister" has the meaning given in Rule 83 of the Church Representation Rules as they have effect in the Isle of Man;
"Parish" has the meaning given in Rule 82 of those Rules;]
"Relevant date" means the first day of July, 1921.

NOTE S.1: "Diocesan Synod" substituted for "Diocesan Conference" by Synodical Government Measure 1969 s.4(7); definition of "permanent trusts" inserted by PCCAM (IoM) 2010 s.1(1) and omitted by Church Property Measure (Isle of Man) 2021 s.8(1)(a); definitions of "Minister" and "Parish" substituted by Church Representation and Ministry Measure 2019 Sch.2 para.9.

2. General functions of council

[(1) It shall be the duty of the [minister] and the parochial church council to consult together on matters of general concern and importance to the parish.

(2) The functions of parochial church councils shall include -

(a) co-operation with the [minister] in promoting in the parish the whole mission of the Church, pastoral, evangelistic, social and ecumenical;
(b) the consideration and discussions of matters concerning the Church of England or any other matters of religious or public interest, but not the declaration of the doctrine of the Church on any question;
(c) making known and putting into effect any provision made by the diocesan synod . . . , but without prejudice to the powers of the council on any particular matter;
(d) giving advice to the diocesan synod . . . on any matter referred to the council;
(e) raising such matters as the council consider appropriate with the diocesan synod ...[;
(f) appointing sidesmen (who are also known as assistants to the churchwardens).]

[(2A) A person is eligible for appointment under subsection (2)(f) only if the person's name is on the church electoral roll of the parish.]

(3) In the exercise of its functions the parochial church council shall take into consideration any expression of opinion by any parochial church meeting.]

NOTE S.2 substituted by Synodical Government Measure 1969 s.6; subs.(1) & (2): words in square brackets substituted by Church of England (Miscellaneous Provisions) Measure 1983 s.5; words omitted by PCCAM (IoM) 2010 s.1(1); subss.(2)(f) and (2A) inserted by Church Representation and Ministers Measure 2019 Sch.2 para.10.

3. Council to be body corporate

[(1)] Every council shall be a body corporate by the name of the parochial church council of the parish for which it is appointed and shall have perpetual succession. …

[(3) Any act of the council may be signified by an instrument —

(a) signed pursuant to a resolution of the council by two members of the council (whether or not they were present at the meeting at which the resolution was passed, and whether or not an instrument under seal would be required apart from this subsection), and
(b) expressed (in whatever form of words) to be signed on behalf of the council.

(4) A document executed by the council 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 person who in good faith acquires an interest in property for valuable consideration, a document shall be deemed to have been duly executed by the council if it purports to be signed in accordance with subsection (3).]

NOTE S.3: made subs.(1) and words omitted by Church of England (Miscellaneous Provisions) Measure 2018 s.11(5) (modified by Church (Miscellaneous Provisions) Measure (Isle of Man) 2021 Sch.2 para.7(1)(a)); subss.(3), (4) & (5) inserted by 2018 Measure s.11(5) (subs.(3) substituted by 2021 Measure Sch.2 para.7(1)(b)).

[3A.Employment of members and other contractual services

(1) Subject to subsection (3), a parochial church council may enter into a paid contract of employment or other contract with one or more members of the council or one or more connected persons to provide such services to or on behalf of the Council as may be specified in the contract, provided that the conditions specified in subsection (2) are fulfilled.

(2) The conditions referred to in subsection (1) are that -

(a) before entering into the contract the council is satisfied that it would be in the best interests of the council for the services to be provided by the person concerned for the amount, or maximum amount, of remuneration set out in the contract;
(b) the total number of any persons employed at any time under subsection (1) and any person who is connected to any such person constitute a minority of the members of the council;
(c) the terms of the contract, including the remuneration paid, are set out in an agreement in writing between the council and the member concerned; and
(d) the amount or maximum amount of the remuneration does not exceed what is reasonable in the circumstances for the provision by that member of the services in question.

(3) Subsections (1) and (2) do not apply to services provided by a person in that person's capacity as a member of the council.

(4) A person is a connected person for the purposes of this section if that person is -

(a) a child, parent, grandchild, brother or sister of a member of the council, or
(b) the spouse or civil partner of a member or of any person falling within paragraph (a),

and "connected" is to be construed accordingly.]

NOTE S.3A inserted by Church of England (Miscellaneous Provisions) Measure 2014 s.5(2).

4. Powers vested in council as successor to certain other bodies

(1) Subject to the provisions of any Act or Measure passed after the relevant date and to anything lawfully done under such provisions, the council of every parish shall have —

(i) The like powers duties and liabilities as, immediately before the relevant date, the vestry of such parish had with respect to the affairs of the church except as regards the election of churchwardens and sidesmen and as regards the administration of ecclesiastical charities but including the power of presentation to the benefice of such parish if the right to present thereto was vested in or in trust for the parishioners and the power of making any voluntary church rate.
(ii) The like powers duties and liabilities as, immediately before the relevant date, the churchwardens of such parish had with respect to —
(a) The financial affairs of the church including the collection and administration of all moneys raised for church purposes and the keeping of accounts in relation to such affairs and moneys;
(b) The care maintenance preservation and insurance of the fabric of the church and the goods and ornaments thereof;
[(c) The care and maintenance of any churchyard, not being a parish burial ground within the meaning of the Burials Act 1986 (an Act of Tynwald)].
Provided that nothing herein contained shall affect the property of the churchwardens in the goods and ornaments of the church or their powers duties and liabilities with respect to visitations. . . .

(2) All enactments in any Act whether general or local or personal relating to any powers duties or liabilities transferred to the council from the vestry churchwardens or church trustees as the case may be shall subject to the provisions of this Measure and so far as circumstances admit be construed as if any reference therein to the vestry or the churchwardens or church trustees referred to the council to which such powers duties or liabilities have been transferred and the said enactments shall be construed with such modifications as may be necessary for carrying this Measure into effect.

(3) Where any property is applicable to purposes connected with any such powers duties or liabilities as aforesaid, any deed or instrument which could be or could have been made or executed in relation to such property by a vestry, or by churchwardens or church trustees, may be made or executed by the council of the parish concerned. . . . for the use of any place specified in it for such public entertainment as may be so specified, on such terms and conditions and subject to such restrictions as may be so specified.

NOTE S.4: subss.(1)(iii) and (4) omitted, and subs.(1)(ii)(c) substituted, by PCCAM (IoM) 2010 s.1(1).

5. Holding of property for ecclesiastical purposes

(1) Subject to the provisions of this Measure, the council of every parish shall have power to acquire (whether by way of gift or otherwise) any property real or personal —

(a) For any ecclesiastical purpose affecting the parish or any part thereof;

(2) Subject to the provisions of this Measure [and Schedule 2 to the Church Act 1992 (an Act of Tynwald)] and of the general law and to the provisions of any trusts affecting any such property, the council shall have power to manage, administer and dispose of any property acquired under this section.

NOTE S.5: subss.(1)(b) and (3) omitted by Church Property Measure (Isle of Man) 2021 s.8(1)(b); subs.(2): words in square brackets inserted by ib.; subss.(4) and (5) omitted by PCCAM (IoM) 2010 s.1(1).

6. Notice to diocesan authority

(1) Where a council holds, acquires or administers —

(a) an interest in land, or
(b) a fund held on trust for any ecclesiastical purpose which exceeds the prescribed amount in value,

the council must inform the diocesan authority in writing of that interest or fund and, in the case of an interest or fund held on trust, of the terms of the trust.

(2) In subsection (1)(b) "the prescribed amount" has the same meaning as in section 5 of the Church Property Measure (Isle of Man) 2021.

NOTE S.6 substituted by Church Property Measure (Isle of Man) 2021 s.8(1)(c).

7. Miscellaneous powers of council

(1) The council of every parish shall have the following powers in addition to any powers conferred by the Constitution or otherwise by this Measure:—

(i) Power to frame an annual budget of moneys required for the maintenance of the work of the Church in the parish and otherwise and to take such steps as they think necessary for the raising collecting and allocating of such moneys;
(ii) Power to make levy and collect a voluntary church rate for any purpose connected with the affairs of the church including the administrative expenses of the council and the costs of any legal proceedings;
(iii) Power jointly with the minister to appoint and dismiss the parish clerk . . . or any persons performing or assisting to perform the duties of parish clerk . . . and to determine their salaries and the conditions of the tenure of their offices or of their employment but subject to the rights of any persons holding the said offices at the appointed day;
(iv) Power jointly with the minister to determine the objects to which all moneys to be given or collected in church shall be allocated . . .;
(v) Power to make representations to the bishop with regard to any matter affecting the welfare of the church in the parish.

[(2) The objects referred to in subsection (1)(iv) may be determined either generally or by reference to particular occasions or occasions of a particular class.

(3) Periodical payments made by standing order, direct debit or any other similar method of payment to a council in lieu of or in addition to money given in church, not being payments intended for a specific object, shall be treated for the purpose of subsection (1)(iv) as moneys given or collected in church.]

NOTE S.7: subs.(1): words omitted in para.(iii) by PCCAM (IoM) 2010 s.1(1); words omitted in para.(iv) by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 Sch.3; subss.(2) and (3) inserted by Church of England (Miscellaneous Provisions) Measure 2014 s.5(3) (modified by Church (Miscellaneous Provisions) Measure (Isle of Man) 2015 Sch.1 para.1). As to parish clerks etc., see Canon E3; as to collections, see Canon B17A.

8. Accounts of the council

[(1) Every council shall cause —

(a) its accounts, including the accounts of all trusts administered by it, for each year ending on 31st December, and
(b) a statement of the funds and property, if any, remaining in the hands of the council at that date,

to be made up and examined in accordance with subsection (2).

(2) The accounts and statement referred to in subsection (1) shall be examined by an independent person who—

(a) is an accountant (within the meaning of the Interpretation Act 2015 (an Act of Tynwald));
(b) holds a qualification prescribed by regulations under section 46 of the Charities Registration and Regulation Act 2019 (an Act of Tynwald); or
(c) is for the time being approved by the bishop for the purpose of examining the accounts and statement in question.

(3) The council shall —

(a) present to the annual parochial church meeting of the parish —
(i) its accounts, including the accounts of all trusts administered by it, for the year ending on the 31st December immediately preceding the meeting, and
(ii) a statement of the funds and property, if any, remaining in the hands of the council at that date; and
(b) not later than 7 days before the annual parochial church meeting cause a copy of the examined accounts and statement to be published and affixed for a period of at least 14 days on or near the principal door of every church and other building licensed for public worship in the parish, and
(c) not later than 14 days after the annual parochial church meeting send a copy of the examined accounts and statement to the diocesan authority.

NOTE S.8 substituted by PCCAM (IoM) 2010 s.1(1) (amended by Charities Registration and Regulation Act 2019 s.65).

8A. Vacancy in office: bishop to give directions

(1) This section applies where —

(a) an office in a parish is vacant, and
(b) no express provision for filling the vacancy is made by or under an Act of Tynwald, Measure or Canon.

(2) The bishop of the diocese in which the parish is situated must give directions for the discharge of the functions of the holder of the office. ...

NOTE S.8A inserted by Church Representation and Ministry Measure 2019 Sch.2 para.12.

9. Powers of bishop

(1) The bishop may subject to the provisions of this Measure and the Constitution make rules for carrying this Measure into effect within the diocese.

(2) If any act required by this Measure to be done by any person is not done within such time as the bishop may consider reasonable it may be done by or under the authority of the bishop.

(3) In the event of a council and a minister being unable to agree as to any matter in which their agreement or joint action is required under the provisions of this Measure, such matter shall be dealt with or determined in such manner as the bishop may direct.

NOTE S.9: subs.(4) omitted by PCCAM (IoM) 2010 s.1(1) (amended by Mission and Pastoral (Amendment) Measure (Isle of Man) 2018 Sch.3 para.8).

10. Short title, commencement, extent and repeals

(1) This Measure may be cited as the Parochial Church Councils (Powers) Measure 1956.

NOTE S.10: subss.(2), (3) and (4) omitted by PCCAM (IoM) 2010 s.1(1).

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