Volume II: Section 2 – Rules and Regulations

Table of Contents

 

1.      WELSH CHURCH (BURIAL GROUNDS) ACT, 1945

Rules

First Schedule:           Notice of Interment

Second Schedule:    Fees in respect of Burials Fees for the Right to Erect

Monuments and Gravestones

 

2.      REGULATIONS FOR THE ADMINISTRATION OF CHURCHYARDS

 

3.      REGULATIONS RELATING TO THE REMOVAL OF MONUMENTS AND GRAVESTONES

Preamble

Regulations

 

4.      REGULATIONS GOVERNING THE APPLICATION OF THE PROCEEDS OF SALE OF CHURCHES, CHURCH SITES AND CHURCHYARDS

 

5.      REGULATIONS RELATING TO CHANCEL REPAIR FUNDS REGARDING STOCK ISSUED TO THE REPRESENTATIVE BODY UNDER SECTION 31 OF THE TITHE ACT, 1936

 

6.      REGULATION FOR THE ADMINISTRATION BY A LAY PERSON OF THE ELEMENTS OF THE HOLY EUCHARIST

 

7.      CHURCH IN WALES ACCOUNTING REGULATIONS

Regulations

Schedule

 

8.      CHURCH FABRIC REGULATIONS (Churches other than Cathedral Churches)

 

9.      REDUNDANT CHURCHES REGULATIONS

 

10.    CONSTITUTION OF DIOCESAN CHURCHES AND PASTORAL COMMITTEES

 

11.    CATHEDRALS AND CHURCHES COMMISSION RULES

General principles

Establishment and Functions of the Cathedrals and Churches Commission

Establishment and Functions of Cathedral Fabric Advisory Committees

Miscellaneous Provisions

 

12.    REGULATIONS TO PROVIDE RESOURCES FOR TRAINING FOR THE ORDAINED MINISTRY OF THE CHURCH IN WALES

 

WELSH CHURCH (BURIAL GROUNDS) ACT, 1945

 

RULES

 

MADE BY THE REPRESENTATIVE BODY OF

THE CHURCH IN WALES

IN PURSUANCE OF SECTION 4(2) OF THE AFORESAID ACT

 

1.

 

For the purposes of these Rules the word Incumbent shall mean and include the Rector or the Vicar of a parish or the Rector of a rectorial benefice or, during a vacancy in or suspension of the incumbency, or during the incapacity of the Incumbent, the Area Dean or such other clergyman as shall be appointed by the Bishop of the diocese to be in charge of the parish or rectorial benefice.

 

2.

 

Notice of interment shall be delivered to the Incumbent of the parish in which the burial ground is situate at least forty-eight hours previous to interment in an un-bricked grave, and at least sixty hours previous to interment in a bricked grave, and shall be delivered between the hours of 10 a.m. and 1 p.m. or 2.30 and 4 p.m. on Mondays to Fridays and from 10 a.m. until 12 noon on Saturdays.  No notice of interment shall be delivered on Sunday, Good Friday, Christmas Day or other bank or public holiday unless for sufficient reason to the satisfaction of the Incumbent.

 

3.

 

A shorter period than forty-eight hours or sixty hours, as the case may be, may be allowed by the Incumbent if he thinks fit, and he shall allow a shorter period, in case of emergency, if certified by a medical practitioner.

 

4.

 

Notice shall be given in the form set out in the First Schedule hereto and all the particulars shall be filled in and signed by the person having charge of the funeral.  A copy of the form of notice may be obtained from the Incumbent.

 

5.

 

The time for a funeral shall be arranged with the Incumbent, and no funeral shall take place in a burial ground which adjoins a church at a time when a service is ordinarily held in the church.

 

6.

 

No interments shall take place on Sunday, Good Friday, or Christmas Day except in cases of emergency certified as such by a coroner or by a registered medical practitioner.

 

7.

 

The fees for an interment shall be as set out in the Second Schedule hereto and no other fees shall be charged.  Where the burial service is solemnized in accordance with the rites of the Church in Wales all fees shall be paid to the Incumbent. Where the burial service is not so solemnized the fee for services rendered by the officiating Minister shall be paid to that Minister and all other fees to the Incumbent. Fees payable to the Incumbent shall be paid to him at the time of giving notice of the interment, and fees payable to any other Minister shall be paid to that Minister either before or immediately after the interment.  The person having charge of the funeral shall make all necessary arrangements with the officiating Minister.

 

8.

 

No monument or gravestone shall be erected unless the appropriate fee has previously been paid to the Incumbent.

 

9.

 

These Rules and the Schedules hereto shall have effect from the first day of April, 1984, and shall from that date replace all previous Rules, Schedules and revised Schedules made under sub-section (2) of section 4 of the Welsh Church (Burial Grounds) Act, 1945, all such previous Rules, Schedules and revised Schedules being repealed from that date.

 

FIRST SCHEDULE

 

Parish of…………………………………………………………………..

 

NOTICE OF INTERMENT

 

1.      Christian name or names and surname of person to be buried and address

 

2.      Description (as to profession, trade, etc.) of the person to be buried (if a minor, name and residence of parents)

 

3.      Age of person to be buried (if in years, at last birthday)

 

4.      Date of death (day of the month and year)

 

5.      Parish in which death occurred.

 

6.      Day of the week and date of the month on which the burial is to take place

 

7.      Hour of the day at which the funeral will arrive at the burial ground

 

8.      *Name and address of officiating Minister

 

9.

(a)     Particulars for identification of grave space intended to be occupied

(b)     Date of last interment (if any)

 

10.    Whether in an un-bricked grave or bricked grave

 

11.    Outside dimensions of coffin if extra size is required

 

12.    Undertaker’s name and address

 

Signature of Applicant:……………………………………………………………………………………………….

 

Address:………………………………………………………………………………………………………………………

 

……………………………………………………………………………………………………………………………………

 

……………………………………………………………………………………………………………………………………

 

Date:……………………………………………………………………………………………………………………………

 

*Where the service is to be taken in accordance with the rites of the Church in Wales, the Incumbent of the parish will officiate unless other arrangements are made by him or with his consent.

 

SECOND SCHEDULE

 

FEES IN RESPECT OF BURIALS

Fees
£  p
For services rendered by the Incumbent or other Minister or person officiating at an interment including the registration of burial 81.00*
For Churchyard Maintenance Fund in respect of burial in grave or vault 454.00
No fee shall be payable in respect of the burial of a still-born infant or child under the age of 18, or in connection therewith, for the services rendered by the Incumbent or other Minister officiating at an interment or, in connection therewith, for registration of burial.
For digging of a grave and, if necessary, for walling: the actual and necessary cost thereof shall be payable provided that if no separate fee is payable to the person who does the work, such fee shall be payable as in the opinion of the Incumbent is reasonable having regard to local costs of labour.
* Where a burial or interment of cremated remains follows a funeral service with a different minister or officiating person to the funeral service, a fee will be charged as a ministry fee for the committal and the registration of burial of £21.

 

FEES FOR THE RIGHT TO ERECT MONUMENTS AND GRAVESTONES

 

Fees

£   p

Plain wooden cross

23.00

Headstone or horizontal gravestone 172.00
Simple flat slab, not exceeding

  • 12” (305mm) by 12” (305mm) set below ordinary ground level

or a vertical headstone not more than

  • 18” (457mm) long by 12” (305mm) wide by

or ledger stone not more than

  • 18” (457mm) long by 12” (305mm) wide by
  • 4” (102mm) high at the head
  • Commemorating a person cremated

Additional inscription on any monument

 

 

 

 

 

 

 

91.00

41.00

Monuments or gravestones other than the above: such fee as in the opinion of the Incumbent is reasonable, not exceeding 10 per cent of the cost thereof to the purchaser.

 

NOTES

 

(1)     Only parishioners (i.e. persons normally residing in the parish), persons dying in the parish, ex-parishioners and non-parishioners for whom family graves or vaults are desired to be opened and whose close relatives have been buried in the churchyard, and persons on the electoral roll at the date of death are entitled, as of right, to be buried in the parish burial ground.

 

(2)     Except so far as rights are preserved by the aforesaid Act, no discrimination shall be made between the burial of a member of the Church in Wales and of other persons.

 

 

REGULATIONS FOR THE ADMINISTRATION OF
CHURCHYARDS

 

Maintenance of Churchyards

 

1.

 

The Parochial Church Council shall be responsible to the Representative Body for the proper care, maintenance and upkeep of all churchyards in the parish including the walls, gates, fences, paths, grass and trees and for the repair of any damage thereto howsoever caused, and shall effect suitable and adequate insurance cover with the designated insurers of the Church in Wales.

 

2.

 

Within the terms of these Regulations the conservation of churchyards in all respects shall be a concern and duty of Parochial Church Councils.

 

3.

 

The Archdeacon shall send or cause to be sent to the Representative Body, when so requested by the Representative Body, a report on any churchyard in his archdeaconry, specifying the condition thereof and stating whether such churchyard or any portion thereof is in disuse.

 

Fees and Churchyard Maintenance Fund

 

4.

 

From the fees payable under the Rules (other than those fees due to the Incumbent under regulation 5 hereof), the Parochial Church Council, or in the case of a cathedral which is not a parish church the Dean and Chapter, shall establish a Churchyard Maintenance Fund, which Fund shall be applied towards compliance with regulation 1 hereof.  When required to do so, the Council shall render an account to the Representative Body of all receipts and payments.

 

5.

 

With regard to the fees payable under the Second Schedule to the Rules:

(a)     all fees received for services rendered by the Incumbent and for registration of burial shall be paid to the Incumbent, unless the Incumbent is also a dean of a cathedral or an archdeacon, when the said fees shall be paid in the case of a cathedral which is not a parish church to the Dean and Chapter but otherwise to the Parochial Church Council;

(b)     all fees received for burial in a grave or vault shall be paid into the Churchyard Maintenance Fund; and

(c)     the fees payable for the right to erect monuments and gravestones, including those relating to cremated remains, shall be paid into the Churchyard Maintenance Fund and to the Incumbent in such proportions as the Representative Body or the appropriate committee thereof shall from time to time decide.

 

Graves

 

6.

 

Subject to regulation 1 hereof, the Incumbent shall be responsible for the general supervision of all churchyards in the parish for the allocation of grave spaces and for the maintenance of records which, as far as reasonably practicable, allow clear identification of the location of the same.

 

7.

 

No grave or vault shall be made or opened without the consent of the Incumbent.  The cost and expense incurred in making or opening any grave or vault shall be borne by the person at whose request the work is done.

 

8.

 

No permanent or exclusive right of burial in any grave or vault shall be acquired except by Faculty.

 

9.

 

Except by Faculty no burial or interment of cremated remains shall take place within 12′ (3658mm) of the fabric of a church or within 6′ (1829mm) of a churchyard boundary save in an existing vault or marked grave.

 

10.

 

The top of a coffin buried in a grave shall be not less than 3′ (914mm) below ordinary ground level.

 

Certificates and Notices

 

11.

 

A certificate of the registration of the death or, in cases of an inquest, the Coroner’s Order, must be delivered to the Incumbent or his representative before a burial.

 

12.

 

Notice of the proposed burial of a still-born child shall be accompanied either by a certificate given by the Registrar or, if there has been an inquest, an Order of the Coroner, as required by section 5 of the Births and Deaths Registration Act, 1926, and the burial shall be recorded in the Register of Burials.

 

Cremated Remains

 

13.

 

(1)     Subject as hereinafter mentioned, the Incumbent may permit cremated remains to be deposited in a churchyard, but the remains shall not be scattered.

 

(2)     Subject to the grant of a Faculty, a Parochial Church Council, with the consent of the Incumbent, may set aside an area or areas of the churchyard exclusively for the interment of cremated remains deposited either without containers or in containers quickly perishable, and in any such area only a single monument approved by Faculty may be erected for all the remains so deposited.

 

(3)     In addition or as an alternative to the provisions of regulation 13(2) hereof, subject to the grant of a Faculty, a Parochial Church Council, with the consent of the Incumbent, may set aside an area or areas of a churchyard exclusively for the interment in individual plots of cremated remains deposited without containers, or in containers either quickly perishable or made of wood, and such individual plots may be marked only by simple flat slabs not more than 12″ (305mm) by 12″ (305mm) set below ordinary ground level or a vertical headstone not more than 18″ (457mm) high by 12″ (305mm) wide or by ledger stones not more than 18″ (457mm) long by 12″ (305mm) wide by 4″ (102mm) high at the head.

(4)       Otherwise cremated remains may be deposited only in a grave or vault.

 

(5)     The provisions of regulations 14 and 15 concerning the procedure for admission, the materials and the inscription of monuments and gravestones shall apply to the flat slabs, headstones or ledger stones mentioned in regulation 13(3) hereof.

 

(6)     In no circumstances shall containers made wholly or partly of plastic be admitted to a churchyard.

 

(7)     The names of individuals whose cremated remains have been interred and other relevant details shall be entered in the Register of Burials, or otherwise in the parish records, indicating that they are cremated remains.

 

(8)

(a)     The fees for services rendered by the Incumbent or other Minister officiating shall be the same as the corresponding fees chargeable in respect of burials;

(b)     The fee chargeable for churchyard maintenance for the deposit of cremated remains shall be £150, save where the cremated remains are deposited in a new full-size grave or vault, when the fee shall be the same as that for a burial.

 

Erection of Monuments and Gravestones

 

14.

 

(1)     All applications for permission to erect or modify a monument or gravestone, or to alter or add to an inscription, including those relating to cremated remains, shall be made to the Incumbent on the form prescribed by the Representative Body and signed by the applicant, and shall contain the wording of the proposed inscription and the proposed style of lettering.

 

(2)     Save as otherwise ordered by a Court of the Church in Wales all costs incurred in connection with an application to erect a monument or gravestone, or to make, alter or add to an inscription, shall be borne by the applicant.

 

(3)     All work to erect or modify a monument or gravestone shall be undertaken in accordance with British Standard 8415 as the same may be amended from time to time.

 

15.

 

(1)     There may be admitted to a churchyard on the written approval of the Incumbent a gravestone which

(a)     consists of either

(i)      an appropriate headstone no more than 4′ (1219mm) high; or

(ii)     an appropriate cross no more than 4′ (1219mm) high; or

(iii)    a simple flat slab, set below ordinary ground level; or

(iv)    a ledger stone to mark an individual plot in which cremated remains have been deposited.

(b)     is not made wholly or partly of reconstructed stone, metal or ceramics; and

(c)     bears one or more or all of the following:

(i)      a simple cross;

(ii)     a simple and appropriate inscription;

(iii)    an appropriate motif.

 

(2)     There may be admitted to a churchyard on the written approval of the Archdeacon:

(a)     a gravestone within the foregoing description, but which the Incumbent has declined to approve;

(b)     a gravestone not complying with regulation 15(1) hereof but nevertheless consisting only of a headstone, cross or flat slab, with suitable inscription and not made either wholly or partly of reconstructed stone, metal or ceramics;

(c)     a gravestone incorporating a simple and appropriate engraving or photograph of the deceased.

 

(3)     Otherwise no monument or gravestone, including those relating to cremated remains, shall be admitted to a churchyard without a Faculty.

 

(4)     In a case where the approval of the Archdeacon is sought for a gravestone as described in regulation 15(2) hereof, the Archdeacon shall, within twenty-eight days, signify his approval or otherwise, in writing, to the person seeking approval and to the Incumbent.

 

(5)     No part of any concrete foundation shall be above ordinary ground level.

 

16.

 

(1)     An application for the replacement or renewal of a monument or gravestone shall be dealt with under regulations 14 and 15 hereof.

 

(2)     The removal of a monument or gravestone from its place in a churchyard to a different place in that churchyard, or to any other churchyard, shall be the subject of a fresh application to erect or modify within regulations 14 and 15.

 

17.

 

Save for silk flowers and Remembrance Day poppies, no artificial wreaths or flowers, shrubs, permanent flower vases or containers, ornaments, chippings, gravel, paving stones or kerbs shall be placed on or around any grave or area set aside for cremated remains in a churchyard.

 

Trees

 

18.

 

No trees shall be planted in a churchyard without the written consent of the Archdeacon.

 

19.

 

The Parochial Church Council may, with the consent of the Incumbent, apply to the Archdeacon for permission to cut down trees in a churchyard and without prejudice to the rights of the Representative Body and subject to any Tree Preservation Order or Conservation Area Controls, the Archdeacon shall have the power to grant such permission.  Any proceeds from a sale of such timber shall be credited to the appropriate parochial fund.

Interpretation

 

20.

 

In these Regulations:

(a)     the word parish shall include a rectorial benefice and a conventional district;

(b)     the word churchyard shall include all the ground vested in the Representative Body in which a church or chapel stands, all detached burial grounds, and all boundary and other walls, hedges, fences and gates around or on such ground or burial grounds;

(c)     the word Rules shall mean the Rules made by the Representative Body in pursuance of sub-section 4(2) of the Welsh Church (Burial Grounds) Act, 1945, or any Act amending or replacing the same;

(d)     subject to the provisions of the Rules, in vacant benefices the Area Dean shall be deemed to be the Incumbent for the purpose of these Regulations; and

(e)     a kerb is an edging of any material which delineates or partly delineates the site of a grave.

 

 

PREAMBLE TO THE REGULATIONS RELATING TO

THE REMOVAL OF MONUMENTS AND GRAVESTONES

 

Parochial Church Councils proposing, by removing or altering the position of gravestones or other monuments, to tidy a churchyard or burial ground for which they are responsible shall comply with rule 32 of the Rules of the Diocesan Courts by consulting the Diocesan Advisory Committee before committing themselves to a particular project.  They should do this by submitting to the Diocesan Registrar a brief description of their proposals, together with a simple plan. This will prevent Parochial Church Councils incurring the effort and expense of advertising, contacting the deceased’s relatives and compiling detailed plans, only to find that a Faculty is unlikely to be granted.

 

Parochial Church Councils and Diocesan Advisory Committees should have regard to the following principles:

(a)     Tidying churchyards and burial grounds should be done, where circumstances permit, without removing monuments or gravestones.

(b)     Where some removal is thought to be essential, the most careful consideration should be given to the question of removing any particular monument or gravestone. A churchyard is the setting for the church, which is usually the oldest, and architecturally the most interesting building in the locality. Churchyards are important for archaeological, aesthetic and ecological reasons, and their character should be retained for future generations. Monuments and gravestones, and their positions, provide important evidence of social history.

(c)     While it is recognised that an unkempt churchyard may be regarded as an eyesore, it can be tidied to such an extent that it reproduces the worst features of a municipal garden. If the removal or re-positioning of a monument or gravestone, or the flattening of a chest tomb, will enable the Parochial Church Council to maintain the churchyard to a fair standard, then, in principle, such a course may be permitted, but a Faculty is unlikely to be granted for total clearance.

(d)     No re-ordering should be allowed which deals only with the more ancient monuments or gravestones. Consideration should also be given, where appropriate, to the removal of more recent monuments, gravestones, kerbs, railings, chains and posts. The fifty-year rule should never be regarded as automatically giving approval or authority for the removal of monuments or gravestones prior to that period.

(e)     Careful consideration should be given to what is to be done with monuments and gravestones which are to be removed. Monuments and gravestones which are irreparably damaged, or the inscriptions on which are illegible, may be buried or removed altogether and destroyed, provided they have no aesthetic, historical or genealogical value: otherwise no stones should be destroyed. Gravestones should not be piled up as rubble. Gravestones which have been removed but which are to be kept may be re-positioned, laid flat or, if suitable, used for paving: they should not be placed in serried ranks in a churchyard or around its boundaries, or against the wall of the church where they look ugly and collect weeds and brambles.  Discarded kerbs may be used for the edging of paths.

 

It should be remembered that the role of the Diocesan Advisory Committee is advisory and the Chancellor is not bound by their recommendations. If the Parochial Church Council and the Committee are unable to agree on a scheme, the Parochial Church Council has the right to be heard in the Diocesan Court.

 

When a Diocesan Registrar receives a proposal from a Parochial Church Council he should enquire whether or not there is an intention to redevelop any ground which will be cleared. If there is, then he should direct the attention of the Parochial Church Council to the provisions of the Disused Burial Grounds Acts, 1884 and 1981.

 

REGULATIONS RELATING TO

THE REMOVAL OF MONUMENTS AND GRAVESTONES

 

1.

 

Before lodging a petition for a Faculty for the removal or re-positioning of monuments or gravestones (which petition as far as possible shall embody the principles set out in the preamble to these Regulations), a Parochial Church Council shall submit, through the Diocesan Registrar, a brief description of the proposals together with a simple plan, for consideration by the Diocesan Advisory Committee.  Not later than fifty-six days after the submission of such description and plan the Diocesan Advisory Committee shall inform the Parochial Church Council, through the Diocesan Registrar, whether or not the Committee is prepared, in principle, to recommend that the proposals be carried out.

 

2.

 

When such a Faculty is sought, the Diocesan Registrar shall furnish to the Secretary of the Representative Body, with a copy of the Petition and any accompanying exhibits, a certificate by the Registrar stating that:

(a)     a plan of the churchyard has been prepared showing the position of the monuments and gravestones which the Petitioners propose to remove or re-position, together with a copy of all the decipherable inscriptions on such monuments or gravestones, a copy of the proposals for disposal of the monuments and gravestones after removal, and any other details the Diocesan Registrar may require;

(b)     the plan, with the foregoing papers, has been lodged with the Diocesan Registrar and the Incumbent has a copy available for inspection;

(c)     the Diocesan Registrar has prepared a notice of the proposals, which notice has been displayed on the main door of the parish church for a period of not less than twenty-one days, and has also been inserted twice in a local newspaper, the date of the second insertion being not less than fourteen nor more than twenty-one days after the first insertion.  Such notice shall state clearly the proposals and refer to the plan and accompanying papers which may be inspected at the Parsonage or the Diocesan Registry, and shall require all representations and objections to be lodged at the Diocesan Registry within six weeks of the date of the second newspaper insertion.  If the churchyard concerned is not that of the parish church, such notice shall be displayed on the main door of the church in question, as well as on the main door of the parish church;

(d)     the fullest possible enquiries have been made to ascertain the names and addresses of persons having an interest in the property affected by the proposals, and whether trusts exist affecting any of the graves in question;

(e)     where the proposals affect any monument, gravestone or other object erected, or bearing an inscription commemorating an individual who died, during the period of fifty years immediately preceding the date of the Petition, written consent to the proposals has been obtained from every person having rights in any such monument, gravestone, object or inscription, and that in the case of any other monument, gravestone or object all persons claiming and establishing rights therein have given their written consent to the proposals;

(f)      the appropriate scheduled monument consent or listed building consent, as the case may be, has been obtained, where necessary, in respect of any monument, gravestone or other object affected by the proposals; and

(g)     the provisions of the Disused Burial Grounds Acts, 1884 and 1981, have been complied with in respect of any ground intended to be re-developed after clearance.

 

3.

 

In any case where such Certificate as aforesaid is not furnished by the Diocesan Registrar to the Representative Body, that Body, or the appropriate Committee thereof, shall make representation in writing to the Chancellor that the Petition be not granted.

 

4.

 

When the Archdeacon deems such a course necessary for purposes of safety, he may authorise, in writing, the removal of chains, posts and uninscribed kerbs, and the laying of a gravestone flat on a grave but set below ordinary ground level.

 

 

REGULATIONS GOVERNING THE APPLICATION OF THE PROCEEDS

OF SALE OF CHURCHES, CHURCH SITES AND CHURCHYARDS

 

1.

 

(1)     Subject to any special trusts affecting the property and to regulation 1(2) hereof, the net proceeds from the sale of any interest in a churchyard or burial ground or any part thereof in a parish shall be invested by the Representative Body in a Church Fabric and Churchyard Maintenance Fund, the income from which shall be used for the repair or maintenance of any place of worship, churchyard, burial ground or church hall in such parish.

 

(2)     If such net proceeds exceed £7,500 (or such other sum as the Representative Body may from time to time decide) the Representative Body may deal with such excess, or any part thereof, in accordance with regulation 2 hereof as if it were the proceeds from the sale of a church or church site.

 

2.

 

Where in a parish a church or church site or any part thereof, vested in the Representative Body, has been declared redundant and sold, the proceeds of sale of such church and its residual contents or of the church site or any part thereof shall be applied for the following objects and in the following order of priority:

(a)     for the payment of all fees and costs connected with the sale;

(b)     for the repayment of any loan made by the Diocesan Board of Finance in respect of that church or church site, together with all interest thereon;

(c)     to defray any costs incurred by the Representative Body in maintaining, making safe, insuring, demolishing and reinstating the site of the former church prior to its sale;

(d)     to cover the cost of paying specialists approved by the Representative Body to help the parish manage and plan for the treatment of the contents of the church;

(e)     towards the cost of relocating items removed from the redundant church to other churches subject to the approval of the Representative Body with the advice of the Diocesan Advisory Committee and the Diocesan Churches and Pastoral Committee;

(f)     10% of the balance of the proceeds of sale remaining after deduction of the items referred to in Regulation 2(a)-(e) above to the Provincial Redundant Churches Fund for maintaining, making safe, insuring, re-instating and demolishing redundant churches in the Province;

(g)     towards the cost of providing or adapting another place of worship (also vested or to be vested in the Representative Body) in the same parish, or group of parishes of which such parish forms part, if in the Bishop’s judgement such is required, or subject to the approval of the Bishop towards the cost of providing or adapting another place of worship in the Diocese (also vested or to be vested in the Representative Body);

(h) towards the cost of works to negate any substantial physical danger of bodily harm to persons or physical damage to property which exists in any churchyard or burial ground (including boundaries) in the same parish or group of parishes of which such a parish forms part;

(i) towards the cost of facilitating the sharing of church buildings with other denominations pursuant to the Sharing of Church Buildings Act 1969

 

3.

 

Any application under the foregoing regulations for the application of funds towards the cost of providing or adapting another place of worship in a parish shall be made within a period of eighteen months from the date on which the parish and the Bishop are notified of the receipt of the funds by the Representative Body.

 

4.

 

Where the income from a licence, lease or other agreement in respect of a parish approved by the Representative Body does not exceed the sum of £7,500 per annum or such other sum as the Representative Body may from time to time decide, this sum shall be paid to the parish for the maintenance of a place of worship in the parish. Where the income exceeds such a sum, the Representative Body shall determine how such excess shall be applied in consultation with the parish.

 

5.

 

In all cases where funds are to be applied by the Representative Body in accordance with regulations 2 and 4, a copy of the most recent audited accounts for the parish shall be provided to the Representative Body.

 

6.

 

These regulations shall not apply to the proceeds of any insurance claim in respect of the total loss of a church building.

 

7.

 

In these regulations the word “sale” wherever it appears shall include disposal by way of the grant of a lease at a premium.

 

 

REGULATIONS RELATING TO CHANCEL REPAIR FUNDS

REGARDING STOCK ISSUED TO THE REPRESENTATIVE BODY

UNDER SECTION 31 OF THE TITHE ACT, 1936

 

In pursuance of paragraph 2 of Part III of the Seventh Schedule to the Tithe Act, 1936, the Governing Body hereby directs that stock issued to the Representative Body by virtue of the provisions of section 31 of the aforesaid Act shall be held and disposed of in accordance with the following regulations, namely:

 

1.

 

Stock received by the Representative Body by way of compensation for chancel repair liability under section 31 and Schedule VII of the Tithe Act, 1936, shall, subject to the following rules, be administered for the purpose of maintaining the chancel in respect of which the stock was issued.

 

2.

 

For each such chancel a separate account shall be kept in the books of the Representative Body to be called the Chancel Repair Fund of the Parish of…

 

3.

 

The first item of expenditure to be charged against the account shall be the appropriate share of expenses incurred by the Representative Body in establishing claims to stock under section 31 and Schedule VII of the Tithe Act, 1936, as authorised by the Governing Body on 1st October 1936.

 

4.

 

The parish concerned shall be responsible for the maintenance of the chancel in good repair and for its insurance for full reinstatement value against the risk of destruction by fire.

 

5.

 

As a general rule the income only of the fund shall be available for maintenance (as hereinafter defined) and insurance, provided however, that:

(a)     on requisition being made by the Incumbent and Churchwardens within twelve months either of the receipt of the stock by the Representative Body or of the date when these regulations become effective by resolution of the Governing Body, whichever shall be the later date, the portion (if any) of the fund representing the cost of repairs immediately required (as estimated by the Representative Body’s surveyor for the purposes of the claim for compensation under the Tithe Act, 1936) shall be available for such repairs;

(b)     on application being made by the Incumbent and Churchwardens, it shall be within the discretion of the Representative Body to allow such part as it thinks fit of the capital fund to be expended upon the maintenance of the chancel, provided the Representative Body is satisfied that there are special circumstances which would justify such expenditure.

 

6.

 

For the purposes of these rules maintenance shall mean the maintenance in good repair of the structure of the chancel (for example the walls, floor, roof and roof-covering, gutters, down-pipes, drains and catch-pits) and shall not include fittings, furniture, monuments, stained glass windows and decorations such as mural and roof decorations.

 

7.

 

If the Archdeacon of the archdeaconry in which the parish is situated reports to the Representative Body that the parish has neglected to carry out repairs urgently needed, the Representative Body shall have power to undertake the execution of such repairs as they consider necessary and the cost thereof shall be charged against the fund.  Before ordering such work to be done the Representative Body shall give to the parish reasonable notice of their intention.

 

8.

 

(1)     Requisitions for payments from the fund shall be in writing addressed to the Secretary of the Representative Body and signed by the Incumbent and Churchwardens.

 

(2)     Requisitions in respect of expenditure upon maintenance shall be accompanied by an architect’s certificate and/or tradesmen’s accounts with a certificate of the Incumbent and Churchwardens stating that the accounts are correct and the work has been completed to their satisfaction.

 

(3)     Requisitions in respect of expenditure upon fire insurance premiums shall be accompanied by the Insurance Company’s receipt for the payment.

 

9.

 

If the Representative Body be informed in writing by the Bishop of the diocese that a church, in respect of which a Chancel Repair Fund is held by the Representative Body, has fallen into a derelict state and is no longer used for divine worship, such fund shall be thereafter treated as a Chancel Repair Fund for such church as shall be named by the Bishop of the diocese situated either in the same parish as the derelict church or in a parish with which the aforesaid parish has been grouped or amalgamated.

 

10.

 

The Representative Body may delegate its powers and duties under these rules to a committee with power to act.

 

11.

 

Nothing in these rules shall affect the provisions of section 26[1] of chapter III of the Constitution.

 

 

REGULATION FOR THE ADMINISTRATION BY A LAY PERSON

OF THE ELEMENTS AT THE HOLY EUCHARIST

 

The Bishop may permit a lay person to assist the Incumbent or other priest in the administration of the elements of the Holy Eucharist in a particular parish on the following conditions:

(a)     after consulting with the Bishop, the Incumbent shall apply in writing naming the person for whom permission is requested and giving the reason for his application;

(b)     such application shall be accompanied by a certified copy of the resolution of the Parochial Church Council supporting the request;

(c)     such permission shall be given for one year or a lesser period and may be renewed at the Bishop’s discretion.

 

 

THE CHURCH IN WALES ACCOUNTING REGULATIONS

 

1.

 

Each Parochial Church Council shall produce, at each annual vestry meeting, a written report together with parochial accounts (‘the Annual Report and Accounts’) for the year ending on the previous 31st day of December.  A copy shall be sent to the Archdeacon.

 

2.

 

The Annual Report and Accounts shall include the information set out in the Schedule.

 

3.

 

(a)     The form of the accounts shall comply with all statutory requirements, any current recommended practice issued by the Charity Commission and the Church in Wales Parochial Administration Handbook.

(b)     The Standing Committee of the Governing Body may by regulations from time to time vary the threshold of annual income above which a Parochial Church Council shall be obliged to produce a statement of financial activities and a balance sheet prepared on an accruals basis which have been examined by a regulated auditor.

 

4.

 

The Annual Report and Accounts shall be dated and signed by the chairman of the Parochial Church Council. All parochial church councillors shall be deemed to have agreed the Annual Report and Accounts unless the contrary is stated in the report.

 

5.

 

The Parochial Church Council shall appoint an independent examiner or auditor in accordance with regulation 3. He or she shall state in his or her report that the examination or audit has been carried out and the Annual Report and Accounts also comply with the requirements set out in regulation 3 and with the Schedule.

 

6.

 

If the Archdeacon considers that the Annual Report and Accounts do not comply with regulation 3 and the Schedule he or she shall draw this to the attention of the Parochial Church Council and/or the independent examiner or auditor and seek clarification from the Parochial Church Council and/or the independent examiner or auditor.

 


SCHEDULE TO THE CHURCH IN WALES

ACCOUNTING REGULATIONS

 

The Annual Report and Accounts must demonstrate public benefit and shall include:

(a)     the full name of the Parish, the dedications and locations of its churches, and the name of the Area Deanery and of the Diocese;

(b)     the names and addresses of:

(i)      the Cleric having charge of the Parish,

(ii)     the independent examiner or the auditor,

(iii)    the bankers, and

(iv)    any other such professional advisers as solicitors, church architect or surveyor;

(c)     the names of all the members of the Parochial Church Council who have served during the year, and any parochial offices held;

(d)     a statement that it shall be the responsibility of the Cleric having charge of the Parish and the Parochial Church Council to consult and to 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;

(e)     a brief description of the structures through which the Parochial Church Council functions in order to carry out its objects;

(f)      the number of persons on the electoral roll for the year and the average number of usual attenders at church in the year;

(g)     a report on the proceedings of the Parochial Church Council and the activities in the parish, including any significant developments and achievements during the year, and any plans for the coming year;

(h)     a report on the financial activities of the Parochial Church Council, including the ways in which the activities of the parish have been funded and the funding proposals for the future;

(i)      a statement of whether or not there are any arrears of parish share or quota due to the Diocesan Board of Finance.

 

 

CHURCH FABRIC REGULATIONS

 

Churches other than Cathedral Churches

 

1.

 

The Parochial Church Council shall keep all churches in the parish in repair and shall be responsible to the Representative Body for the proper care, maintenance and upkeep of such churches and their contents. The Parochial Church Council shall co-operate with the Diocesan Board of Finance and the Diocesan Churches Committee in the quinquennial inspections and shall, under this rule, effect all repairs thereby reasonably advised.

 

2.

 

As regards churches which are within the Faculty Rules, and as regards the contents of such churches, the Parochial Church Council shall observe such Faculty Rules.

 

3.

 

As regards unconsecrated churches which are not subject to the faculty procedure, the Parochial Church Council shall observe faculty rules 2 and 3, and for this purpose faculty rules 2 and 3 shall apply with the term “unconsecrated” substituted for the term “consecrated”, and:

(a)     except as regards furniture, fittings and murals, with the expression “permission of the Representative Body of the Church in Wales” substituted for the term “faculty”;

(b)     as regards furniture, fittings and murals, with the expression “permission of the bishop of the diocese” substituted for the term “faculty”.

 

 

4.

 

The churchwardens shall report in writing annually to both the Parochial Church Council and the archdeacon, by completing the form prescribed by the Representative Body, on:

(a)     the state of repair of all churches in the parish and their contents and any outstanding work which they consider to be necessary to maintain them in good repair and condition; and,

(b)     the extent of the insurance which covers the churches and their contents together with any advice and communications received from the insurer.

 

5.

 

(1)     The Representative Body shall insure in such manner and for such amounts as it shall think fit:

(a)     all churches in its ownership;

(b)     all buildings within the curtilage of such churches;

(c)     the contents of such churches and buildings; and

(d)     against employer’s liability and liability to third parties in respect thereof.

 

(2)

(a)     Each Parochial Church Council shall pay the premium or premiums for the insurance effected under Regulation 5(1);

(b)     Such premiums shall be paid by such means and in such manner as the Representative Body shall from time to time in its absolute discretion determine whether by payment directly to the insurer, by reimbursement to the Representative Body or otherwise.

 

(3)     Notwithstanding the provisions of Regulation 5(1) the Representative Body may, if it thinks fit, act as its own insurer in part or in whole.

 

6.

 

With regard to churches or buildings within the curtilage of a church within a parish which are not in the ownership of the Representative Body, the Parochial Church Council shall ensure that:

(a)     all such churches in the parish (including all buildings within their curtilages) and their contents are insured in accordance with the advice of the insurer, provided that other terms may be agreed with the insurer if the Archdeacon so approves, and provided that the Representative Body may require the insurance to be upon such terms and for such amounts as it thinks fit;

(b)     insurance is effected against employer’s liability and against liability to third parties upon such terms and for such amounts as the Representative Body may from time to time require.

 

7.

 

These Regulations do not apply to churches which by a decree signed by the Bishop and deposited in the Diocesan Registry have been declared to be redundant.

 

 

REDUNDANT CHURCHES REGULATIONS

 

1.

 

Before declaring a church building to be redundant the diocesan bishop shall seek and consider the advice of the Diocesan Churches Committee and of the archdeacon.

 

2.

 

(1)     Before advising the diocesan bishop, the Diocesan Churches Committee shall seek and consider the advice of

(a)     the Parochial Church Council;

(b)     the incumbent and churchwardens;

(c)     the Representative Body;

(d)     the Diocesan Advisory Committee.

 

(2)

(a)     The Parochial Church Council, the incumbent and churchwardens and the Representative Body, within twenty-one days of being required to do so by the Diocesan Churches Committee, shall severally submit to such committee their advice and comments on the proposal to declare the church redundant.

(b)     The incumbent and churchwardens, within twenty-one days of being required to do so by the Diocesan Churches Committee, shall send to such committee and to the Representative Body an inventory of all the contents of the church.

(c)     The Representative Body, within twenty-one days of being required to do so by the Diocesan Churches Committee, shall submit to such committee a report on the legal title to the church.

(d)     The Diocesan Advisory Committee within fifty-six days of being required to do so by the Diocesan Churches Committee, shall submit to such committee and to the Representative Body a report on the architectural, archaeological, artistic and historical merit of the church and its contents.

 

(3)     Before advising the diocesan bishop, the Diocesan Churches Committee may seek and consider the advice of the Cathedral and Churches Commission.

 

3.

 

The Diocesan Churches Committee, within twenty-eight days of receiving the advice of the Diocesan Advisory Committee, the Parochial Church Council, the incumbent and churchwardens and the Representative Body shall submit to the diocesan bishop advice for the future of the church building and its contents.

 

4.

 

Within twenty-eight days of receiving the advice of the Diocesan Churches Committee, the diocesan bishop shall in writing either

(a)     declare the church building to be redundant; or,

(b)     give notice that he does not propose to make such a declaration,

and in either case he shall send copies thereof to the Diocesan Churches Committee, the Diocesan Advisory Committee, the incumbent and churchwardens, the Parochial Church Council and the Representative Body.

 

5.

 

The bishop, before making a declaration of redundancy, may require further information or advice from the Diocesan Churches Committee. Before advising the bishop, the Diocesan Churches Committee may seek further information or advice from the Parochial Church Council, the incumbent and churchwardens, the Diocesan Advisory Committee or the Representative Body, and the time periods in paragraphs 2, 3 and 4 shall apply thereto.

 

6.

 

When the legal title of a church is subject to a right of reverter, the diocesan bishop shall consult with the Representative Body before making a declaration of redundancy.

 

7.

 

Upon the coming into effect of a declaration of redundancy:

(a)     the management and insurance of the former church building and its contents shall cease to be the responsibility of the incumbent, the churchwardens and the Parochial Church Council, and shall become the responsibility of the Representative Body;

(b)     the Diocesan Churches Committee shall advise the Representative Body upon the use or disposal of the contents.

 

8.

 

The cost of managing and insuring a former church building shall be a charge on the Provincial Redundant Churches Fund.

 

EXPLANATORY NOTE

 

These regulations do not apply to churches which are closed but have not been declared to be redundant. When a church is closed for public worship, the churchwardens and the Parochial Church Council continue to be responsible for maintaining the building, the contents and the necessary insurance, and for taking all reasonable steps to safeguard the building and its contents, and to secure the doors and windows.

 

 

CONSTITUTION OF DIOCESAN CHURCHES

AND PASTORAL COMMITTEES

 

1.

 

In each diocese there shall be established a Diocesan Churches Committee which shall be known as (name of diocese concerned) Diocesan Churches and Pastoral Committee.

 

Membership

 

2.

 

The Committee shall consist of

(a)     the archdeacons of the diocese;

(b)     the chairman or vice-chairman (if any) of the Diocesan Board of Finance;

(c)     the chairman of the Diocesan Advisory Committee or another member nominated by him;

(d)     three members elected by the Diocesan Conference from its own members; and

(e)     three members appointed by the Diocesan Bishop.

 

3.

 

The members elected by the Diocesan Conference and the members appointed by the Diocesan Bishop shall hold office for six years and shall be eligible for re-election without limit on the number of terms served; provided that the membership of a cleric shall cease on the seventieth anniversary of his or her birthday and that of a lay member on the seventy-fifth anniversary of his or her birthday.

 

4.

 

When a casual vacancy occurs among the elected members the Diocesan Bishop shall, after consultation with the Standing Committee of the Diocesan Conference, appoint a member of the Diocesan Conference to fill the vacancy.  Such person shall hold office only for the unexpired period of the term of office of the person in whose place he or she shall have been appointed.

 

5.

 

The Committee may appoint suitably qualified persons to act as consultants.

 

Chairman

 

6.

 

(1)     The chairman shall be appointed from the members by the Diocesan Bishop and shall hold office for three years.

 

(2)     The chairman shall be eligible for re-appointment without limit on the number of terms served.

 

(3)     In the chairman’s absence the other members present shall elect a chairman for the meeting.

 

Sub-Committees

 

7.

 

The Committee shall have power to appoint such sub-committees.

 

Quorum

 

8.

 

The quorum of the Committee and of any sub-committee shall be one half of the number of its members.

 

Procedure

 

9.

 

The Committee shall meet at least twice in each year and shall otherwise decide its own procedure.

 

Secretary

 

10.

 

The Committee shall appoint a secretary who shall not be a member of the Committee.

Functions of the Committee

 

11.

 

The Committee shall

(a)     keep under review the pastoral need for the church buildings in the diocese and advise the Diocesan Bishop and the Diocesan Conference accordingly;

(b)     administer the scheme for the quinquennial inspection of Churches required by the Constitution;

(c)     carry out the functions required of it under the Redundant Churches Regulations;

(d)     advise the Diocesan Board of Finance and any other body or person having disposable funds upon the disbursement of grants and loans for any purpose connected with church buildings, their curtilages and contents;

(e)     give effect to any other provisions relating to the care of Churches as may from time to time be set out in a Schedule hereto;

(f)      consider matters referred to it by the Diocesan Advisory Committee, and seek its advice when appropriate; and

(g)     carry out such other duties as may properly be required of it by the Diocesan Conference.

 

 

CATHEDRALS AND CHURCHES COMMISSION RULES

(being rules relating to the care of fabric of Cathedrals

and the provision of advice for the care of other churches)

 

GENERAL PRINCIPLES

 

1.

 

Any body on which functions of care and conservation are conferred by these Rules shall in exercising those functions have due regard to the fact that a church is a centre of worship and mission and that a Cathedral is also the seat of a bishop.

 

ESTABLISHMENT AND FUNCTIONS OF

THE CATHEDRALS AND CHURCHES COMMISSION

 

2.

 

(1)     There shall be established a body called The Church in Wales Cathedrals and Churches Commission (hereinafter referred to as “the Commission”) which shall have the functions assigned to it by these Rules.

 

(2)     The Commission shall be a committee of the Representative Body, but shall not be subject to the direction or control of the Representative Body or any committee thereof in the exercise of its powers and duties under these Rules.

 

MEMBERSHIP

 

3.

 

The Commission shall consist of a Chairman and six other members appointed in accordance with rule 4 hereof.

 

4.

 

(1)     The seven members of the Commission shall be appointed by the Representative Body after consultation with the Welsh Assembly Government and the Bench of Bishops and shall be persons with recognised knowledge and experience of cathedrals, churches, heritage protection and management particularly in Wales.

 

(2)     The Chairman shall be a lay person qualified to be a member of the Governing Body appointed by the Representative Body after consultation with the Welsh Assembly Government and the Bench of Bishops.

 

(3)     No person who is a member of the Chapter or the Cathedral Fabric Advisory Committee of any Cathedral shall be eligible for appointment as the Chairman.

 

5.

 

The Commission shall appoint advisers who will be specialists in particular areas and shall provide advice from time to time as required to the Commission.

 

6.

 

(1)     The Chairman of the Commission shall hold office for five years, and shall be eligible for re-appointment for further terms of five years.

 

(2)     Other members of the Commission shall hold office for five years and shall be eligible for re-appointment for further terms of five years.

 

Casual Vacancies

 

7.

 

(1)     Where a casual vacancy occurs among the members of the Commission the Representative Body shall appoint a person to fill the vacancy after consultation with the Welsh Assembly Government and the Bench of Bishops.

 

(2)     Any person appointed to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he is appointed and shall be eligible for re-appointment for further terms of five years.

Committees

 

8.

 

(1)     The Commission shall have power to appoint sub-committees.

 

(2)     Persons who are not members of the Commission may be appointed to any committee thereof but the number of such persons appointed to a committee shall be fewer than half the total number of members of the committee.

 

Voting

 

9.

 

Persons who are not members of the Commission shall have no right to vote.

 

Procedure

 

10.

 

The quorum of the Commission shall be four members.

 

11.

 

Subject to rule 10 hereof, the Commission may act notwithstanding any vacancy in its membership.

 

12.

 

The Commission may delegate to one or more of its members or its advisers the power to give advice on its behalf with regard to a particular specialism or specialisms in a particular case.

 

13.

 

The Commission shall regulate its own procedures.


DUTIES OF THE COMMISSION

 

14.

 

The Commission shall:

(a)     advise a diocesan chancellor on any petition for a faculty relating to a Cathedral where the proposal involves:

(i)      any work or works to preserve, alter or add to the building or its contents which would materially affect the architectural, archaeological, artistic or historic character of the Cathedral; or,

(ii)     the sale, loan or other disposal of any object for the time being designated under paragraph (d) or rule 21(b) hereof as being of outstanding architectural, archaeological, artistic or historic interest;

(b)     when required by a diocesan chancellor, registrar or diocesan advisory committee, advise on a petition for a faculty relating to a church other than a Cathedral;

(c)     if requested, and if the Commission thinks fit, advise any member or body of members within the Church in Wales on the care, conservation, maintenance, repair and development of a Cathedral or other church;

(d)     in the absence of a Cathedral Fabric Advisory Committee, designate as such those objects included in the inventory compiled and maintained for the Cathedral under paragraph (c) of rule 32 hereof which it considers to be of outstanding architectural, archaeological, artistic or historic interest;

(e)     monitor the operation of the faculty system including the operation of Diocesan Advisory Committees, faculty procedures and the Ecclesiastical Exemption process;

(f)      advise the Representative Body on its built heritage.

 

15.

 

The Commission may:

(a)     promote co-operation between itself and organisations concerned with the care and study of buildings of architectural, archaeological, artistic or historic interest in Wales;

(b)     assist the Representative Body, the Chapter of a Cathedral and any other member or body of members within the Church in Wales by participating in educational and research projects which in its view will promote the care, conservation, maintenance, repair and development of ecclesiastical buildings;

(c)     maintain a library of books, plans, drawings, photographs and other material relating to churches and their contents;

(d)     advise on the appointment of architects, archaeologists, surveyors and other experts;

(e)     advise on the acquisition and use of grants for Cathedrals and other churches;

(f)      promote best practice through conferences or otherwise for those concerned with the care, conservation, maintenance, repair and development of Cathedrals and other churches.

 

ESTABLISHMENT AND FUNCTIONS OF CATHEDRAL

FABRIC ADVISORY COMMITTEES

 

Establishment of Cathedral Fabric Advisory Committees

 

16.

 

The Chapter may establish for a Cathedral a body called The Cathedral Fabric Advisory Committee which shall have the functions assigned to it by these Rules.

 

Cathedral Fabric Advisory Committee

 

17.

 

A Cathedral Fabric Advisory Committee shall:

(a)     when required by the Representative Body or the Chapter, advise on the care, conservation, maintenance, repair and development of the Cathedral;

(b)     designate as such those objects included in the inventory compiled and maintained for the Cathedral under paragraph (c) of rule 36 hereof which it considers, after consultation with the Commission, to be of outstanding architectural, archaeological, artistic or historic interest.

 

Membership of the Cathedral Fabric Advisory Committee

 

18.

 

A Fabric Advisory Committee shall consist of:

(a)     the Dean of the Cathedral and either three or four others appointed by the Chapter of whom at least one shall be a member of the Cathedral Chapter and at least one shall be a lay person; and

(b)     either three or four others appointed by the Commission after consultation with the Chapter, being persons having special knowledge of the care and maintenance of buildings of outstanding architectural or historic interest.

 

19.

 

After consultation with the Chapter and the Commission, the committee shall appoint a lay member who is qualified to be a member of the Governing Body to be Chairman of the committee.

 

20.

 

No person who holds any paid office in the Commission shall be eligible for appointment as a member of a committee.

 

21.

 

The members of the committee shall hold office for a term of five years and shall be eligible for re-appointment for further terms of 5 years.

 

22.

 

Any expenses properly incurred by a member of the committee for its purposes shall be reimbursed by the Chapter.

 

Casual Vacancies

 

23.

 

Where a casual vacancy occurs among the members of the committee, the appropriate body may appoint a person to fill the vacancy, and any person so appointed shall hold office for the unexpired portion of the term of office of the person in whose place he is appointed.

 

Secretary

 

24.

 

The committee shall appoint a secretary, who need not be a member of the committee.

 

Procedure

 

25.

 

The quorum of the committee shall be not less than half the number of members of the committee and shall include at least two members appointed by the Commission.

 

26.

 

The Cathedral Architect and the archaeological consultant shall attend all meetings of the committee provided that the Chairman may excuse them or either of them if he deems it reasonable to do so.

 

27.

 

Subject to rule 25 above, the committee may act notwithstanding any vacancy in its membership.

 

28.

 

The committee shall hold at least two meetings each year, and if three or more members, by notice sent to the secretary, so request a special meeting shall be convened within four weeks of the receipt of the notice.

 

29.

 

The secretary shall place on the agenda for the next meeting any matter requested by a member.

 

30.

 

Subject to the preceding provisions of these Rules, the committee shall have power to regulate its own procedure.

 

31.

 

The secretary shall not later than seven days before each meeting send to the Chapter, the Commission and the Representative Body a copy of the agenda for that meeting and shall within fourteen days after the meeting send them a copy of the minutes.

Duties of Chapters under these Rules

 

32.

 

The Chapter shall:

(a)     appoint a Cathedral architect following consultation with the Commission;

(b)     appoint an archaeological consultant to the Cathedral following consultation with the Commission and Cadw;

(c)     complete in relation to the Cathedral a log book and terrier, a plan of its precincts and an inventory of its contents and of any other articles belonging to and used in connection with it;

(d)     arrange, during the period of five years beginning on the 23rd day of September, 1993 and during every subsequent period of five years, for the Cathedral architect, in consultation with the archaeological consultant, to make an inspection and report in writing to the Chapter on works which he considers need to be carried out as soon as practicable in relation to the Cathedral and on the order in which they should be carried out; and the Cathedral architect shall send a copy of every such report to the Commission, the Representative Body, the Diocesan Advisory Committee and the Cathedral Fabric Advisory Committee, if any;

(e)     keep a record of all works carried out in relation to the Cathedral or in its precincts.

 

MISCELLANEOUS PROVISIONS

 

Applications for listed building or scheduled monument consent

 

33.

 

Where the Chapter proposes to make an application for:

(a)     listed building consent under section 8 or conservation area consent under section 74 of the Planning (Listed Building and Conservation Areas) Act 1990; or

(b)     scheduled monument consent under section 2 of the Ancient Monuments and Archaeological Areas Act 1979, in respect of any building or monument within the precincts of the Cathedral;

the Chapter clerk shall send to the Commission, the Cathedral Fabric Advisory Committee, if any, and the Representative Body a notice in writing stating that representations with respect to the proposed application may be sent to him before the end of a period of x days from the date of service of the notice.

 

Rules

 

34.

 

The Governing Body or its Standing Committee may make such further provisions as it considers necessary or desirable to give effect to these Rules.

 

Saving

 

35.

 

Nothing in these Rules shall dispense with any of the provisions of the Constitution relating to the acquisition or disposal of property or any consent or approval required by or under a Cathedral scheme.

Interpretation

 

36.

 

(1)     In these Rules, unless the context otherwise requires:

“archaeological consultant” means a person who possesses such qualifications and expertise in archaeological matters as the Commission may require;

“architect” means a person registered under the Architects Registration Acts 1931-1969;

“Cathedral architect”, in relation to a Cathedral, means the architect appointed, however designated;

“the Chapter” means the Dean and Chapter, other than in the case of St. Woolos Cathedral in the Diocese of Monmouth where it shall mean the Parochial Church Council, and references to “the Chapter clerk” shall in the case of that Cathedral mean the Secretary of the Parochial Church Council;

“precincts” in relation to a Cathedral means the precincts indicated on the plan required for that Cathedral under paragraph (c) of rule 32.

 

(2)     For the purposes of these Rules any object or structure permanently situated in a Cathedral or in any building within the precincts of a Cathedral shall be treated as part of that Cathedral or building as the case may be.

 

(3)     Any reference in these Rules to an Act or Acts of Parliament shall be taken to include any modification or re-enactment of the Act or Acts in question and any regulations made thereunder.

 

Short title and commencement

 

37.

 

(1)     These Rules may be cited as the Cathedrals and Churches Commission Rules.

 

(2)     The provisions contained in these Rules shall come into force and effect on such date as the Standing Committee of the Governing Body may appoint.

 

 

Effective 1 January 1988

 

REGULATIONS TO PROVIDE RESOURCES

FOR TRAINING FOR THE ORDAINED MINISTRY

OF THE CHURCH IN WALES

 

As amended September 2006

 

1.

 

In these Regulations:

(a)     the Fund shall mean the Fund to Provide Resources for Training for the Ordained Ministry of the Church in Wales;

(b)     ordained ministry shall include the order of deaconesses;

(c)     candidate shall mean a person who has been provisionally accepted for training for the ordained ministry of the Church in Wales by the Bishop of the diocese in which it is intended that his ministry shall commence.

 

2.

 

The Representative Body, or the appropriate committee thereof, shall stand possessed of the Fund.

 

3.

 

The Fund shall consist of, and there shall be placed to its credit:

(a)     contributions from Diocesan Boards of Finance under regulation 5;

(b)     unexpended balances of awards which are withdrawn or otherwise not taken up;

(c)     such other sums, if any, as shall from time to time be authorised or directed to be credited to the Fund.

 

4.

 

There shall be charged against the Fund:

(a)     such awards as shall from time to time be made by the Bench of Bishops, or such persons or body of persons nominated by it, to provide for the training of candidates for the ordained ministry of the Church in Wales;

(b)     such other expenditure as may from time to time be incurred in the furtherance of the purposes of the Fund.

 

5.

 

The Board of Finance of the diocese in which it is intended that a candidate’s ministry shall commence shall contribute towards the cost of an award to that candidate. Such contributions shall be paid to the Representative Body to the credit of the Fund.

 

 


[1] Now section 23 of Chapter III