Parochial%20Church%20Council%20Role%20and%20Responsibilities

1
Parochial Church CouncilRole and Responsibilities

• Llyr Williams LLB (Hons)
• Associate Solicitor, Swayne Johnson Solicitors
• And Diocesan Registrar

2
Composition of the PCC

• Made up of ex-officio members as set out in
  Church in Wales Constitution
• Lay members
• Co-opted members

3
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

4
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

5
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 co-opted

6
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

7
Secretarys 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

8
Secretarys 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

9
Secretarys 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

10
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 co-operate in all matters of
  concern and importance to the Parish

11
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

12
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

13
PCC Powers and Duties

• Constitutional Duties (contd)
• Propagation and implementation of provisions by
  Governing Body, Representative Body or
  Diocesan/Deanery Conferences
• To discharge duties placed upon it by any
  Constitutional Regulations

14
PCC Powers and Duties

• Constitutional Duties (contd)
• 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

15
PCC Powers and Duties

• Constitutional Duties (contd)
• 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

16
PCC Powers and Duties

• Constitutional Duties (contd)
• 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

17
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

18
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

19
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

20
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

21
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

22
The Electoral Roll

• Removal from the Roll
• A member must be removed from the roll if theyve
  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

23
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

24
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

25
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

26
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

27
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

28
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

29
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

30
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

31
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

32
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

33
Financial Responsibilities

• The Parochial Accounts (lt100,000)
• 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

34
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

35
Financial Responsibilities

• The Parochial Accounts (gt250,000)
• 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

36
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

37
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 Bishops 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

38
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

39
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

40
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)

41
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
  charitys objectives

42
Charity Law Requirements

• Three main areas of responsibility under Charity
  Law
• Managerial
• Financial
• Administrative Reporting

43
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

44
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?

45
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

46
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

47
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

48
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

49
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 charitys
  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)

50
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

51
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 charitys
  activities
• Strategy and risk - responsible for setting the
  charitys strategic aims, objectives and
  direction, and to identify any potential risks
  that may cause problems

52
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