Reproduced by permission of the Treasury of the Isle of Man
© Crown copyright reserved
The Measure was first extended to the Isle of Man by the Church Act 1960 (of Tynwald). It now extends by virtue of the Parochial Church Councils and Accounts Measure (Isle of Man) 2010.
Text as at 1st January 2011
GENERAL NOTE Commencement: the Measure came into force in the Isle of Man on 15th March 1960.
In this Measure
NOTE S.1: "Diocesan Synod" substituted for "Diocesan Conference" by Synodical Government Measure 1969 s.4(7). "Church Representation Rules, as they have effect in the Isle of Man" substituted, and definition of "permanent trusts" inserted, by PCCAM (IoM) 2010 s.1(1).
[(1) It shall be the duty of the [minister] and the parochial church council to consult together on matters of general concern and importance to the parish.
(2) The functions of parochial church councils shall include -
(3) In the exercise of its functions the parochial church council shall take into consideration any expression of opinion by any parochial church meeting.]
NOTE S.2 substituted by Synodical Government Measure 1969 s.6; subs.(1) & (2): words in square brackets substituted by Church of England (Miscellaneous Provisions) Measure 1983 s.5; words omitted by PCCAM (IoM) 2010 s.1(1).
Every council shall be a body corporate by the name of the parochial church council of the parish for which it is appointed and shall have perpetual succession. Any act of the council may be signified by an instrument executed pursuant to a resolution of the council and under the hands or if an instrument under seal is required under the hands and seals of the chairman presiding and two other members of the council present at the meeting at which such resolution is passed.
(1) Subject to the provisions of any Act or Measure passed after the relevant date and to anything lawfully done under such provisions, the council of every parish shall have
(2) All enactments in any Act whether general or local or personal relating to any powers duties or liabilities transferred to the council from the vestry churchwardens or church trustees as the case may be shall subject to the provisions of this Measure and so far as circumstances admit be construed as if any reference therein to the vestry or the churchwardens or church trustees referred to the council to which such powers duties or liabilities have been transferred and the said enactments shall be construed with such modifications as may be necessary for carrying this Measure into effect.
(3) Where any property is applicable to purposes connected with any such powers duties or liabilities as aforesaid, any deed or instrument which could be or could have been made or executed in relation to such property by a vestry, or by churchwardens or church trustees, may be made or executed by the council of the parish concerned. . . . for the use of any place specified in it for such public entertainment as may be so specified, on such terms and conditions and subject to such restrictions as may be so specified.
NOTE S.4: subss.(1)(iii) and (4) omitted, and subs.(1)(ii)(c) substituted, by PCCAM (IoM) 2010 s.1(1).
(1) Subject to the provisions of this Measure, the council of every parish shall have power to acquire (whether by way of gift or otherwise) any property real or personal
(2) Subject to the provisions of this Measure and of the general law and to the provisions of any trusts affecting any such property, the council shall have power to manage, administer and dispose of any property acquired under this section.
(3) A council shall have power, in connection with any educational scheme, to constitute or participate in the constitution of a body of managers or trustees or a managing committee consisting either wholly or partly of persons appointed by the council, and may confer on any such body or committee such functions in regard to the implementation of the scheme, and such functions relating to property held for the purposes of the scheme, as the council thinks expedient.
NOTE S.5: subss.(4) and (5) omitted by PCCAM (IoM) 2010 s.1(1).
(1) After the commencement of this Measure, a council shall not acquire any interest in land (other than a short lease as hereinafter defined) or in any personal property to be held on permanent trusts, without the consent of the diocesan authority.
(2) Where, at or after the commencement of this Measure, a council holds or acquires an interest in land (other than a short lease as hereinafter defined) or any interest in personal property to be held on permanent trusts, such interest shall be vested in the diocesan authority subject to all trusts, debts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers (if any) as are requisite for giving effect to the provisions of this subsection.
[(2A) Where a council holds, acquires or administers —
the council shall inform the diocesan authority in writing of that interest or fund and, in the case of an interest of fund held on trust, of the terms of the trust.
(2B) In subsection (2A)(b) "the prescribed amount" means £5,000 or such higher amount as may be prescribed by order made by the diocesan authority and approved by the Diocesan Synod.]
(3) Where any property is vested in the diocesan authority pursuant to subsection (2) of this section, the council shall not sell, lease, let, exchange, charge or take any legal proceedings with respect to the property without the consent of the authority; but save as aforesaid, nothing in this section shall affect the powers of the council in relation to the management, administration or disposition of any such property.
(4) Where any property is vested in the diocesan authority pursuant to subsection (2) of this section, the council shall keep the authority indemnified in respect of:
(6) In this section the expression "short lease" means a lease for a term not exceeding one year, and includes any tenancy from week to week, from month to month, from quarter to quarter, or from year to year.
(7) Any question as to whether personal property is to be held on permanent trusts shall be determined for the purposes of this section by a person appointed by the bishop.
NOTE S.6: subss.(2A) and (2B) inserted, and subs.(5) omitted, by PCCAM (IoM) 2010 s.1(1).
The council of every parish shall have the following powers in addition to any powers conferred by the Constitution or otherwise by this Measure:
NOTE S.7: words omitted in para.(iii) by PCCAM (IoM) 2010 s.1(1); words omitted in para.(iv) by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 Sch.3. As to parish clerks etc., see Canon E3; as to collections, see Canon B17A.
[(1) Every council shall cause —
to be made up and examined in accordance with subsection (2).
(2) The accounts and statement referred to in subsection (1) shall be examined by an independent person who—
(3) The council shall —
NOTE S.8 substituted by PCCAM (IoM) 2010 s.1(1).
(1) The bishop may subject to the provisions of this Measure and the Constitution make rules for carrying this Measure into effect within the diocese.
(2) If any act required by this Measure to be done by any person is not done within such time as the bishop may consider reasonable it may be done by or under the authority of the bishop.
(3) In the event of a council and a minister being unable to agree as to any matter in which their agreement or joint action is required under the provisions of this Measure, such matter shall be dealt with or determined in such manner as the bishop may direct.
(4) During a vacancy in a diocesan see the powers conferred upon the bishop by this section may be exercised by the guardian of the spiritualities.
(1) This Measure may be cited as the Parochial Church Councils (Powers) Measure 1956.
NOTE S.10: subss.(2), (3) and (4) omitted by PCCAM (IoM) 2010 s.1(1).
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