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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.

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Parochial Church Council Role and Responsibilities

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  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. 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

  8. 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

  9. 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

  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 (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

  14. 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

  15. 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

  16. 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

  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 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

  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 (<£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

  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 (>£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

  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 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’

  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 charity’s 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 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)

  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

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