Transcript Parochial Church Council Role and Responsibilities

Parochial Church Council
Role and Responsibilities
Llyr Williams LLB (Hons)
Associate Solicitor, Swayne Johnson Solicitors
And Diocesan Registrar
Composition of the PCC
Made up of ex-officio members
as set out in Church in Wales
Constitution
Lay members
Co-opted members
Composition of the PCC
Ex-officio members
The Incumbent or cleric in charge
Vicars in a Rectorial Benefice
Assistant Curates
Deaconesses
Full-time stipendiary Lay Workers
Churchwardens and sub-wardens
Composition of the PCC
Elected Members
Lay persons elected by the
Annual Vestry Meeting
Number not exceeding twenty
five, as fixed by Annual Vestry
Meeting from time to time
Composition of the PCC
Co-opted Members
The Secretary and Treasurer, if not
already either ex-officio or lay members
Such number (not exceeding seven) of
lay members or clerics as PCC may
determine
Such licensed readers (if any) as the
Council may determine
NO retired clerics are eligible to be coopted
Composition of the PCC
General
The number of clerical members shall not exceed
the number of lay members
Every lay member of the Council shall be a
qualified elector of the Parish over 18 years old
Before assuming office, each lay member shall
sign a declaration in prescribed form in a book
kept by the Secretary of the Council for that
purpose
Secretary’s Duties
The PCC shall appoint a secretary of
the PCC and the Vestry Meetings, and
may appoint a deputy secretary
In the event of both the secretary and
deputy secretary being absent from a
meeting, the meeting shall appoint
another member as secretary of that
meeting
Secretary’s Duties
attend and keep minutes of PCC
and Vestry Meetings
send names and addresses of
Churchwardens to the Archdeacon
send names and addresses of the
persons elected to the Deanery
Conference to the Area Dean
Secretary’s Duties
send the names and addresses of the
persons elected to the Diocesan
Conference to the Secretary of the
Diocesan Conference
send the names and addresses of
persons elected to serve of the
Nominations Board to the Secretary of
the Diocesan Nomination Board
PCC Powers and Duties
Every Parish MUST have a PCC
which must meet at least four times
a year
It is a DUTY of the Incumbent and
Council to consult together and cooperate in all matters of concern and
importance to the Parish
PCC Powers and Duties
Subject to the provisions of the Constitution and
Governing Body Regulations relating to Parochial
Administration, a PCC shall make standing
orders for its own procedure
PCC may also appoint committees (including a
Finance Committee)as it deems appropriate from
among its members, and make standing orders
governing the power and procedure of any such
committee, provided that all acts and decisions of
any committee (unless previously authorised)
must be ratified by the PCC
PCC Powers and Duties
Constitutional Duties
The promotion of the whole mission of
the Church, pastoral, evangelistic,
social and ecumenical, in the Parish
Consideration and discussion of matters
concerning the Church in Wales or
otherwise of religious or public interest discussion of doctrinal matters shall not
extend to formulation or declaration of
doctrine
PCC Powers and Duties
Constitutional Duties (cont’d)
Propagation and implementation of
provisions by Governing Body,
Representative Body or
Diocesan/Deanery Conferences
To discharge duties placed upon it
by any Constitutional Regulations
PCC Powers and Duties
Constitutional Duties (cont’d)
Preparation of the parochial budget, to
include church expenses, parochial
contribution to the diocesan share and
home and overseas missions and any
other branches of church work, together
with arrangements for raising the
moneys required
Advising on any matter properly
referred to the Council
PCC Powers and Duties
Constitutional Duties (cont’d)
Communication with Diocesan or Deanery Conferences
on such matters as the Council deems appropriate
Annual review of the expenses for which the clergy
should be reimbursed by the Parish
the production of a report and accounts in accordance
with the Charities Act 2011 and in accordance with the
Church in Wales Accounting Regulations, such report to
be signed by the Chairman
PCC Powers and Duties
Constitutional Duties (cont’d)
All Parish finances shall be under the control of the
Council
In the exercise of its functions the Council shall take into
consideration an expression of opinion by any properly
constituted church meeting
The Council is the normal channel of communication
between parishioners and the Bishop and has the right
to make representations to the Bishop concerning the
affairs of the Church, cure of souls in the Parish,
alterations in services and ornaments
PCC Powers and Duties
Other Duties
The PCC shall elect lay persons to
serve on the Diocesan Nomination
Board in accordance with the
Governing Body Regulations
relating to Appointments and
Nominations
PCC Powers and Duties
Other Duties
Council must furnish the Annual Vestry
Meeting with the parish and other
reports
In the event of a vacancy among those
chosen for membership of the Deanery
Conference, the PCC must fill the
vacancy at a meeting within three
months
PCC has a right to be consulted on
suspension of the incumbency
PCC Powers and Duties
Other Duties
The consent of the PCC is required for the establishment
of a Local Ecumenical Project affecting the Parish
The PCC is to receive the quinquennial report resulting
from inspection of churches in the Parish
PCC is responsible to the RB for the proper care
maintenance and upkeep of all churchyards in the Parish
The constitution provides that the conservation of
churchyards is a concern and duty of the PCC
The Electoral Roll
PCC is responsible for the management
of the Electoral Roll in the Parish
Recommended that an Electoral Roll
Committee or Electoral Roll Officer is
appointed to carry out revisions and
report to the PCC
Electoral Roll must be revised annually
and renewed every five years
The Electoral Roll
Any person over the age of sixteen is
entitled to have their name entered onto
the roll if four conditions are satisfied:
the applicant is a communicant and is not a member of
another body that is not in communion with CinW
the applicant has been resident in the Parish or has
habitually attended public worship in the parish, for 6
months
the applicant has signed an application for enrolment
the applicant is not on the Electoral Roll for another Parish
in Wales
The Electoral Roll
Removal from the Roll
A member must be removed from the roll if they’ve died,
becomes a clerk in Holy Orders or writes to signify their
desire to be removed from the roll
They must also be removed if the person becomes a
member of any religious body not in communion with the
CinW or ceases to reside in the Parish unless they continue
to habitually attend public worship in the Parish
If a person has not attended public worship for six months
(unless prevented by illness or other sufficient reason), their
name must be removed from the roll
The Electoral Roll
Revision
Every year, a copy of the roll and notice of
revision must be displayed near the
principal door of the Parish Church for at
least fourteen days before the revision takes
place
The annual revision must be completed not
less that fifteen days before the Annual
Vestry Meeting
The Electoral Roll
Renewal
Every Electoral Roll lapsed immediately before the Annual
Vestry Meeting in 1980 and continues to lapse in every fifth year
so new roll must be prepared
Notice of intention to prepare a new roll must be displayed near
the principal door of each parish for at least fifteen days before
commencement of the preparation of the new roll
All persons wishing to have names on the roll must make an
application to PCC, even if their name was on the previous
(existing) roll
Applicant must sign declaration to accept being bound by
Constitution of CinW and affirming their eligibility for enrolment
The Electoral Roll
Viewing
The Electoral Roll must be kept in the safe of the
Parish Church. Copies may be kept at other
churches in the parish
Must be produced for inspection be any
qualifying elector in the vestry of the Parish
Church at any reasonable time
The Incumbent must produce a copy of the
Electoral Roll to the Bishop or Archdeacon upon
request
The Electoral Roll
Disputes
A person whose application to be entered onto the roll has
been refused or whose name has been removed may
appeal in writing to the Archdeacon
PCC may accept a written objection from a qualified elector
to the addition of a name or names to the electoral roll on
the grounds of the applicants lack of qualification
PCC may also receive a written objection to the removal of
a name or names from the roll from a qualified elector
These objections MUST be considered by the PCC
Treasurer to the PCC
The PCC shall appoint a treasurer (and a deputy
treasurer) annually to administer the Parish
finances
A copy of the examined or audited accounts of the
PCC shall be displayed near the principal door of
the church or churches and every other building in
the Parish used for public worship and belonging
to the Church in Wales - and any other building in
the Parish - for a period including the two Sundays
immediately preceding the day of the Annual
Vestry Meeting
Financial Responsibilities
Preparation of the parochial budget, to include church
expenses, parochial contribution to the diocesan share
and home and overseas missions and any other branches
of church work, together with arrangements for raising the
moneys required
The church expenses referred to above can include the
remuneration of any paid staff of the church, such as an
organist or verger, as well as arranging and providing for
the provision of bread and wine for Holy Communion
Insurance of churches (and other buildings within the
curtilage) in the Parish if not in ownership of RB, and the
contents
Financial Responsibilities
Annual review of the expenses for which the
clergy should be reimbursed by the Parish
the production of a report and accounts in
accordance with the Charities Act 1993 and in
accordance with the Church in Wales
Accounting Regulations, such report to be
signed by the Chairman
the production of a report for discussion at the
Annual Vestry Meeting, with a copy to the
Archdeacon
Financial Responsibilities
Report to Annual Vestry Meeting
Full name of Parish, dedications and locations of all churches,
name of its area deanery and diocese
Names and addresses of the incumbent, the auditors or
independent examiners, bankers and other professional advisors
such as solicitors or architects
Names of all the members of the council who have served during
the year (even if only for part of the year), and any office held
A statement that it is the responsibility of the Incumbent and council
to consult and co-operate in all matters of concern and importance
to the parish for the promotion of the whole mission of the church,
pastoral, evangelistic, social and ecumenical in the parish
Financial Responsibilities
Report to Annual Vestry Meeting
A brief description of the structures through which the council
functions in order to carry out its aims
The number of persons on the Electoral Roll for the year and
the average number of attendees at church in the year
A report on the proceedings of the council and activities in the
parish, including any significant developments or
achievements during the current year and plans for the
coming year
A report on the financial activities of the council, including
information on how parish activities were funded and future
funding proposals
Financial Responsibilities
The Parochial Accounts
These must be in one of three forms,
depending on the gross income of the
Parish
Not more than £100,000
More than £100,000 but not more than
£250,000
More than £250,000
Financial Responsibilities
The Parochial Accounts (<£100,000)
PCC with a gross income from all
sources of not more than £100,000
must produce either:
a receipts and payments account together with a
statement of assets and liabilities examined by an
independent examiner; or
a statement of financial activities and a balance sheet
prepared on accruals basis examined by an
independent examiner
Financial Responsibilities
The Parochial Accounts(£100,000-£250,000)
PCC with a gross income from all sources of
more than £100,000 but not more than
£250,000 in the year must produce a
statement of financial activities and a balance
sheet prepared on an accruals basis and
examined by either an independent examiner
or by a regulated auditor
Financial Responsibilities
The Parochial Accounts (>£250,000)
PCC which has in any of the three years
ending on the previous December 31st
received a gross income of more than
£250,000 must produce a statement of
financial activities and a balance sheet
prepared on an accruals basis and
examined by a regulated auditor
Financial Responsibilities
PCC must observe the provisions of the Charities Act
2011 and guidelines set out by CinW with regard to
appointment of independent examiners or auditor and the
requirements of independent examination and audit
Independent examiner or auditor must state in his report
that the examination or audit has been carried out and the
statement of accounts complies with the 1993 Act and the
Accounting Regulations of the CinW
If Archdeacon considers the report or accounts do not
comply with either the 1993 Act or CinW regulations, they
must draw this to the attention of the PCC and
independent examiner or auditor
Financial Responsibilities
The Diocesan Share
The Diocesan Fund, which is funded by way of the quota
or parish share, enables some redistribution of wealth
between parishes in the diocese
Loans and grants may be made out of the Fund for
projects in particular parishes or other worthy causes
DBF, with Bishop’s approval, may place on a defaulters’
list ‘a parish which culpably neglects to meet its financial
obligations’
Before being put on list, DBF must give PCC of such
parish ‘full opportunity of stating the case for the parish’
Personal Liability
Because of Disestablishment, PCCs in Wales cannot be
statutory corporations like in England and, therefore, council
members may find themselves personally liable for any debt
arising under any contractual obligation that they have agreed
to if the parish finances cannot cover that debt
Nothing to stop PCCs incorporating as Limited Liability
Companies, but they would then have to deal with a whole raft
of company legislation
Easier to ensure that the parish funds are sufficient before any
contract is concluded, and money set aside for special
projects
No liability unless ‘recklessly negligent’
Charity Law Requirements
PCCs will usually be seen as charitable
organisations, whether registered as
charities in their own right or not
Charitable status is not a legal structure
but charitable organisations must
comply with Charity Law, the most
important being the Charities Act 2011
Charity Law Requirements
Charities are established for public benefit
Charities can benefit from the Gift Aid
Scheme
The “watchdog” is the Charity Commission,
which is charged with ensuring that
charities comply with their governing
documents, the law, and any other rules
(for example, specific legacies or trusts)
Charity Law Requirements
Trustees must be ‘disinterested’
and are responsible for
safeguarding the public benefit
Inept or imprudent trustees can be
personally liable for losses
Funds should only be used for the
furtherance of charity’s objectives
Charity Law Requirements
Three main areas of
responsibility under Charity
Law
Managerial
Financial
Administrative Reporting
Charity Law Requirements
Managerial
Policy and planning - ensure there are rules
and guidelines in place and that everyone is
aware of them and abides by them
Employment policies - if PCC is responsible
for the employment of an organist or verger,
for example, the PCC must have specific
policies in place
To ensure compliance with legislation
Safeguarding children and vulnerable adults
Charity Law Requirements
Financial - safeguarding assets
Investment of funds to ensure best value
and good returns
Financial systems and controls -through
both accounting and review
Fundraising? - Charity Trustees would be
responsible for the continuation of the
charity, so perhaps this applies to PCC
members too?
Charity Law Requirements
Administrative Reporting
Ensuring that the charity complies with
legal and regulatory requirements
Maintenance of records of members
and minutes
Annual Trustees’ report and accounts
Annual return to the Charity
Commission
Lodge accounts with the Charity
Commission
Hallmarks of an Effective
Charity
Clarity about purpose and direction
A strong trustee body
Fit for purpose
Learning and improving
Financially sound and prudent
Accountable and transparent
Trustees’ Responsibilities
Trustees have, and must
accept, ultimate responsibility
for directing the affairs of a
charity, and ensuring that it is
solvent, well-run, and delivering
the charitable outcomes for
which it has been set up
Trustees’ Responsibilities
Compliance
Ensure that the charity complies with charity law and the
requirements of the Charity Commission, especially in
preparation of accounts, reports and Annual Returns
Ensure no breaches of requirements or rules set out in
governing document and that it remains true to purpose
Ensure compliance with other legislation and other
regulators (Representative Body, DBF etc)
Act with integrity, and avoid personal conflicts of interest
or misuse of charitable funds and/or assets
Trustees’ Responsibilities
Duty of prudence
Ensure that the charity is well run and
will remain solvent
Use funds and assets reasonably
Avoid activities that might place
charity’s funds, assets or reputation at
undue risk
Take special care when investing the
funds of the charity (or borrowing funds
for the charity to use)
Trustees’ Responsibilities
Duty of care
Use reasonable care and skill in their work as
trustees, using their personal skills, knowledge
and experience as needed to ensure that the
charity is well run and efficient
Consider getting external professional advice on
all matters where there may be material risk to
the charity, or where the trustees may be in
breach of their duties
Trustees’ Responsibilities
Other considerations
Collaboration - can you work with other PCCs in
order to make better use of resources or avoid
duplication?
Environmental responsibility - have regard for the
environmental impact of the charity’s activities
Strategy and risk - responsible for setting the
charity’s strategic aims, objectives and direction,
and to identify any potential risks that may cause
problems
General closing thoughts
Common sense approach
If in doubt, ask - you are not alone. There is
plenty of support available from the team at the
Diocesan Centre, your friendly Diocesan
Registrar (!!) or other experts
Have fun - being on the PCC is a privilege and,
as such, should be enjoyable. Do what is
necessary to support and help your parish, the
wider church community, the incumbent and
your fellow parishioners