The Churchwardens (Appointment and Resignation) Measure 1964

as it had effect in the Isle of Man


Reproduced by permission of the Treasury of the Isle of Man
© Crown copyright reserved
Text as at 1st January 2013
NB This Measure ceased to have effect on 1st January 2015: see general notes below.


1. Number and qualifications of churchwardens
2. Election of churchwardens
3. Meetings
7. Admission of churchwardens
8. Resignation of churchwardens
9. Vacation of office
11. Special provisions
12. Savings
13. Interpretation
14. Repeals
15. Short title etc.
Table — Number of churchwardens

GENERAL NOTES

Application to the Isle of Man: the Measure was applied to the Isle of Man with modifications by the Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 (GC 3/91), as amended by the Mission and Pastoral Measure (Isle of Man) 2012 (SD 654/12).

Commencement: the Measure came into force on 1st January 1992 by virtue of the Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 (Appointed Day) Order 1991 (GC 40/91).

Repeal: the Church (Miscellaneous Provisions) Measure (Isle of Man) 1990, so far as it applied the Measure to the Isle of Man, was repealed by the Churchwardens Measure (Isle of Man) 2013 (SD 435/13); the repeal came into force on 1st January 2015 by virtue of the Churchwardens Measure (Isle of Man) 2013 (Appointed Day) Order 2014 (SD 2014/0371).


Number and qualifications of churchwardens

1. [(1) There shall be such number of churchwardens of each parish as is specified in a scheme made by the Church Commissioners for the Isle of Man.

(1A) A scheme under subsection (1) shall provide that there shall be —

(a) at least 4 churchwardens of every parish in which a parish burial ground is situated; and

(b) at least 2 churchwardens of every other parish.

In this subsection "parish burial ground" has the same meaning as in the Burials Act 1986, except that it does not include the churchyard of St George's Church, Douglas.

(1B) A scheme under subsection (1) shall not have effect unless it is approved by the Sodor and Man Diocesan Synod.]

(2) The churchwardens of every parish shall be chosen from persons who are resident in the parish or whose names are on the church electoral roll of the parish.

(3) Such persons shall be actual communicant members of the Church of England except where the bishop shall otherwise permit and of twenty-one years of age and upwards.

(4) No person shall be chosen as a churchwarden unless he has signified his consent to serve.


NOTE S.1: subs.(1) substituted and subss.(1A) and (1B) inserted by Mission and Pastoral Measure Isle of Man) 2012 Sch.8 para.4(2).

Scheme under subs.(1): the Churchwardens Scheme 2012 (SD 698/12) specifies the number of churchwardens of each parish: see table below.


Election of churchwardens

2. (1) The churchwardens of a parish shall be chosen annually [not later than the 30th April in each year].

[(1A) The churchwardens of [a parish referred to in section 1(1A)(a)] shall be elected by a meeting of the parishioners.]

(2) Subject to the provisions of this Measure the churchwardens of [any other parish] shall be chosen by the joint consent of the minister of the parish and a meeting of the parishioners if it may be; such joint consent shall be deemed to have been signified -

(a) if any motion stating the names of the persons to be chosen as churchwardens of the name of either of them shall be declared by the person presiding over the meeting to have been carried; and

(b) if in respect of any such motion the minister shall have announced his consent to the choice of the person or persons named therein either before the putting of the motion to the meeting or immediately upon the declaration of the result thereof;

Provided that no person shall be deemed to have been chosen as a churchwarden under the provisions of this subsection unless both churchwardens have been so chosen.

(3) If the minister of the parish and the meeting of the parishioners cannot agree on the choice of both churchwardens by joint consent as provided in the foregoing subsection or if after due opportunity has been given no motions or insufficient motions have been moved in accordance with the provisions of that subsection then one churchwarden shall be appointed by the minister and the other shall then be elected by the meeting of the parishioners.

(4) During any period when there is no minister both the churchwardens shall be elected by the meeting of the parishioners.

(5) A person may be chosen to fill a casual vacancy among the churchwardens at any time.

(6) Any person chosen to fill a casual vacancy shall be chosen in the same manner as was the churchwarden in whose place he is appointed.


NOTE S.2: subs.(1): words in square brackets substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.2(1); subs.(1A) inserted by ib. para.2(2), and words in square brackets substituted by Mission and Pastoral Measure (Isle of Man) 2012 Sch.8 para.4(3); subs.(2): words in square brackets substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.2(3).


Meetings

3. (1) A joint meeting of -

(a) the persons whose names are entered on the church electoral roll of the parish; and

(b) the persons resident in the parish whose names are entered on a [register of electors in force under the Registration of Electors Act 1984 (an Act of Tynwald)] by reason of such residence;

shall be deemed to be a meeting of the parishioners for the purposes of this Measure.

(2) The meeting of the parishioners shall be convened by the minister or the churchwardens of the parish by a notice signed by the minister or a churchwarden.

(3) The notice shall state the place, day and hour at which the meeting of the parishioners is to be held.

(4) The notice shall be affixed on or near the principal door of the parish church and of every other building licensed for public worship in the parish for a period including the last two Sundays before the meeting.

(5) The minister, if present, or, if he is not present, a chairman chosen by the meeting of the parishioners, shall preside thereat.

[(6) Elections of churchwardens by the meeting of parishioners shall be conducted, announced and notified in the same manner as elections under rule 10 of the Church Representation Rules, except that all persons entitled to attend the meeting of parishioners other than the minister shall be entitled to nominate and vote at such election of churchwardens.]

(7) The meeting of the parishioners shall have power to adjourn, and to determine its own rules of procedure.

(8) A person appointed by the meeting of the parishioners shall act as clerk of the meeting and shall record the minutes thereof.


NOTE S.3: subs.(1): words in square brackets substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.3(1); subs.(6) substituted by ib. para.3(2); rule 10 of CRR was renumbered 11 by the CRR (Amendment) Resolution 1994 (SI 1994/3118) para.14 (applied to the Isle of Man by the CRR (Amendment) (Isle of Man) Resolution 1995 (SD 217/95)).


. . . . .


NOTE Ss.4-6 omitted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.4.


Admission of churchwardens

[7. (1) Each person chosen for the office of churchwarden shall appear before the Chapter Court at the time and place appointed by the Vicar General and be admitted to the office of churchwarden after taking the oath of office. No person chosen for the office of churchwarden shall become churchwarden until he has been admitted to office under this section.

(2) Subject to the provisions of this Measure the churchwardens so chosen and admitted shall continue in their office until they, or others as their successors, have been admitted in like manner before the Chapter Court.]


NOTE S.7 substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.5.


Resignation of churchwardens

8. (1) If a churchwarden wishes to resign his office he may, with the consent in writing of the minister and any other churchwarden of the parish, resign his office by an instrument in writing addressed to the bishop, and if the bishop accepts his resignation his office shall forthwith be vacated.

(2) Subject to the provisions of this section a churchwarden shall not be entitled to resign his office.

Vacation of office

9. The office of churchwarden shall be vacated if the churchwarden is not resident in the parish and if his name is not on the church electoral roll of the parish.

. . . . .


NOTE S.10 omitted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.6.


Special provisions

11. (1) In the carrying out of this Measure in any diocese the bishop of such diocese shall have power -

(a) to make provision for any matter not herein provided for;

(b) to appoint any person to do any act in respect of which there has been any neglect or default on the part of any person or body charged with any duty under this Measure;

(c) so far as may be necessary for the purpose of giving effect to the intentions of this Measure, to extend or alter the time for holding any meeting or election or to modify the procedure laid down by this Measure in connection therewith;

(d) in any case in which there has been no valid choice to direct a fresh choice to be made, and to give such directions in connection therewith as he may think necessary;

(e) in any case in which any difficulty arises, to give any directions which he may consider expedient for the purpose of removing the difficulty.

(2) The powers of the bishop under this section shall not enable him to validate anything that was invalid at the time it was done. . . .

(4) During a vacancy in a diocesan see the powers by this section conferred on a bishop of a diocese shall be exercisable by the guardian of the spiritualities.


NOTE S.11: subs.(3) omitted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.7.


Savings

12. . . .

(3) Nothing in this Measure shall affect a churchwarden in office before the [extension of this Measure to the Isle of Man] during the period for which he was chosen.

(4) Nothing in this Measure shall be deemed to authorise the choice of any person as churchwarden who under the existing law is disqualified from being chosen for that office.


NOTE S.12: subss.(1) & (2) omitted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.8(1); subs.(3): words in square brackets substituted by ib. para.8(2).


Interpretation

[13. In this Measure -

"actual communicant member", "minister" and "public worship" have the same meanings as in the Church Representation Rules;

. . . . .

"the Church Representation Rules" means the rules contained in Schedule 3 to the Synodical Government Measure 1969, as it has effect in the Isle of Man;

"parish" means an ecclesiastical parish.]


NOTE S.13 substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.9; definition of "ancient parish" omitted by Mission and Pastoral Measure (Isle of Man) 2012 Sch.8 para.4(4).


Repeals

[14. Section 6 of the German Parish Church Act 1893 (an Act of Tynwald) is repealed.]


NOTE S.14 substituted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.10.


Short title etc.

15. (1) This Measure may be cited as the Churchwardens (Appointment and Resignation) Measure 1964. . . .


NOTE S.15: subss.(2) & (3) omitted by Church (Miscellaneous Provisions) Measure (Isle of Man) 1990 Sch.2 para.11.


Number of churchwardens
(Churchwardens Scheme 2012)
Parish Churchwardens
All Saints Douglas 2
Arbory and Castletown 4
Braddan 4
Bride, Lezayre and North Ramsey 6
Lonan and Laxey 4
Malew and Santan 8
Marown, Foxdale and Baldwin 6
Maughold and South Ramsey 6
Onchan 4
Rushen 4
St George Douglas 2
St Matthew Douglas 2
St Ninian Douglas 2
St Thomas Douglas 2
The Northern Plain 8
The West Coast 10

Return to start

Return to general introduction