Church Sharing Agreement with Methodists
This Agreement was signed by both parties on 29 August 2010 and subsequently by each of the churches' appropriate legal authorities. Sadly our Methodist friends have now moved to another church. We present the document as a template for other churches' use. During our development of this formal church sharing agreement we had hunted for such a template across the landscape of the Church of England without success. We hope that this document will assist others in a like situation since it took us almost two years with innumerable joint meetings to arrive at this final version. Download pdf
------------------------- 00000 ------------------------------------
DATED …………………………2010
THE INCUMBENT OF THE BENEFICE OF LANE END WITH CADMORE END AND DIOCESAN TRUSTEES (OXFORD) LIMITED
AND
THE PAROCHIAL CHURCH COUNCIL OF THE PARISH OF LANE END
AND
LANE END METHODIST CHURCH COUNCIL
AND
REVD K.G. HOWCROFT
SHARING AGREEMENT
RELATING TO HOLY TRINITY CHURCH, LANE END
Ditchfield Common
Lane End
Buckinghamshire
HP14 3HG
This SHARING AGREEMENT is made the ………….day of ………………………………...2010
between the Reverend ROBERT HENRY JENNINGS Clerk in Holy Orders Incumbent of the Benefice of Lane End with Cadmore End in the Diocese of Oxford (hereinafter called "the Incumbent") of 7 Lammas Way, Lane End of the first part THE PAROCHIAL CHURCH COUNCIL of THE ECCLESIASTICAL PARISH OF HOLY TRINITY, LANE END in the Diocese of Oxford (hereinafter called "the Parochial Church Council") of the second part DIOCESAN TRUSTEES (OXFORD) LIMITED a charitable company whose registered office is situate at Diocesan Church House, North Hinksey Lane, Oxford OX2 0NB (being the Diocesan Authority of the said Diocese for the purposes of the Parochial Church Councils (Powers) Measure 1956) for the purposes of the Act hereinafter mentioned (hereinafter called "the Diocesan Authority") of the third part BETTY TWITCHEN and PHYLLIS HEARN and others the members or such of the members as have attained full age of LANE END METHODIST CHURCH COUNCIL (hereinafter called "the Methodist Church Council") whose collective address for service is 98 Wycombe Road, Marlow, SL7 3JE of the fourth part and The Reverend KENNETH GRAHAM HOWCROFT being the Ecumenical Officer of the Methodist Church (hereinafter called “the connexional Ecumenical Officer”) of Methodist Church House 25 Marylebone Road London NW1 5JR of the fifth part
WHEREAS
1 The Sharing of Church Buildings Act 1969 (hereinafter called "the 1969 Act") has made provision for the making of Sharing Agreements between (among other Churches) the Church of England and the Methodist Church for the sharing by them of Church Buildings (such Churches being hereinafter called "the two Churches")
2 The two Churches wish to make a Sharing Agreement pursuant to the 1969 Act for sharing the building (hereinafter called "the Church Building") more particularly described in the First Schedule hereto
3 All the parties hereto have agreed to enter into this Deed upon the terms hereinafter appearing in order to fulfill that wish
4 The Church Building is vested in the Incumbent as such Incumbent as aforesaid
5 Pursuant to Section 1 (3) of the 1969 Act
(a) The Incumbent the Parochial Church Council and the Diocesan Authority are the proper parties so far as regards the Church of England to be made parties hereto
(b) The Methodist Church Council and the connexional Ecumenical Officer are the persons or bodies determined by the Annual Conference of the Methodist Church as proper parties to execute as respects the Methodist Church a Sharing Agreement relating to the Church Building
6 Pursuant to Section 1 (4) of the 1969 Act
(a) The consents of the Bishop and the Diocesan Pastoral Committee have been obtained
(b) The consent of the Northampton District of the Methodist Church has been obtained
7 This Agreement has been approved and ordered to be executed by a resolution passed by a duly constituted meeting of the Methodist Church Council and is intended to be executed by two members of the Methodist Church Council upon whom the Methodist Church Council acting under Section 82 of the Charities Act 1993 has conferred authority
NOW THIS DEED made pursuant to the powers given by the 1969 Act WITNESSES AND IT IS HEREBY AGREED AND DECLARED as follows
1 THE Church Building shall remain vested as heretofore but the purposes for which it is applicable shall include the purpose and provisions of this Agreement
2 THERE shall be a Joint Council of the two Churches constituted in accordance with the provisions of the Second Schedule hereto for the following purposes
(a) To settle any questions that may arise regarding the times at which the two Churches are to have the use of the Church Building
(b) To advise those responsible for the maintenance and repair of the Church Building on behalf of the congregations of the two Churches regarding financial questions and particularly regarding any exceptional expenditure
(c) To organise or to consider and if thought fit to approve proposals for the raising of such common funds as are to be raised by the congregations of the two Churches acting together and
(d) Generally to facilitate joint action and the settlement of questions of detail which may arise in the carrying out of this Agreement
3 (1) THE two Churches shall be regarded in principle as having rights to the use of the Church Building in the proportion in which they are responsible for the cost of management such proportion was determined before the commencement of this Agreement as 80% by the Parochial Church Council and 20% by the Methodist Church Council, but shall be subject to variation by agreement from time to time thereafter
(2) Any such agreement as to proportions shall be effected by a resolution of the Joint Council made with the consent of the Parochial Church Council on behalf of the Church of England and with the consent of the Superintendent Minister on behalf of the Methodist Church
(3) In this Agreement the "agreed proportion" means the proportion from time to time agreed under this Clause
4 (1) THE responsibility for the management of the Church Building shall remain in the Parochial Church Council as having been responsible therefor immediately before the execution of this Agreement but in the future discharge of that responsibility the provisions of this Clause shall apply
(2) The Parochial Church Council shall generally consult the Joint Council on questions of policy regarding expenditure on management and except in cases of emergency shall consult that Joint Council before incurring unusual expenditure
(3) The following shall be regarded as common costs of management namely
(a) Insurance fiscal liabilities and other outgoings which are normally charged against income
(b) The cost of repair of the Church Building and when necessary the replacement of fixtures and other furnishings goods and ornaments thereof (provided that this provision shall not extend to the cost of structural repairs to the main walls roof or foundations)
(c) The cost of upkeep including heating lighting cleaning and caretaking and the provision of necessary amenities other than amenities (such as books for use in a particular form of service) which are peculiar to one or other of the two Churches
(4) so far as the same are not met out of funds raised as common funds it shall be the responsibility of the Parochial Church Council and the Methodist Church Council to provide in the agreed proportion the common costs of management
(5) If the sharing of the Church Building shall be terminated by notice under Clause 10 an account shall be prepared of the sums to be provided under this Clause up to the date of expiry of the notice all necessary apportionments being made as at that date and the Parochial Church Council and the Methodist Church Council shall be responsible for providing in the agreed proportion the sum found due on each account as soon as the same shall be ascertained
5 THE Parochial Church Council shall not incur substantial capital expenditure on the improvement of the Church Building without first consulting the Joint Council
6 (1) FOR the improvement of the Church Building or for any purpose for which a capital sum is required in connection with the Church Building the responsible authority may with the consent of the Joint Council accept money from any person on the footing that it is to be regarded as a capital contribution made by the one or the other of the two Churches under this Clause
(2) Such a capital contribution shall be spent for improvement or other capital purpose for which it is given and may be accepted on such terms as to repayment and otherwise as the Parochial Church Council shall authorise
(3) The Parochial Church Council shall not accept any such capital contribution on any terms which have not been previously approved in writing by the Diocesan Authority on behalf of the Church of England and by the Property Office of the Methodist Church (hereinafter called the “Methodist Property Office”) on behalf of the Methodist Church
7 THE Church Building shall be made available for worship in accordance with the forms of service and practice of each of the two Churches and the extent to which it shall be available for and the particular times at which it shall be used for the one form of service or the other shall be determined from time to time by the Joint Council guided for that purpose by the principle stated in Clause 3
8 AN invitation may be given to a minister licensed lay minister or local preacher of either of the two Churches to take part in conducting worship in the Church Building in accordance with the forms of service and practice of the inviting Church and such invitation may be accepted PROVIDED that in giving accepting or carrying into effect such invitation the persons concerned shall comply with any rules and directions in that behalf of each of the two Churches
9 SUBJECT to compliance with any rules or directions given in that behalf by either of the two Churches joint services may be held in the Church Building on such occasions as may be agreed between the Incumbent and the Superintendent Minister
10 (1) EITHER of the two Churches may by notice given under this Clause bring to an end the sharing of the Church Building
(2) From the expiry of such notice the Church Building shall be held on the trusts or for the purposes on or for which it was held immediately before the execution of this Agreement and this Agreement shall cease to have effect except for the purpose of settling accounts between the two Churches
(3) Notice under this Clause by the Church of England shall be a notice in writing signed by or on behalf of the Incumbent given with the consent of the Parochial Church Council and the Bishop to the connexional Ecumenical Officer
(4) Notice under this Clause by the Methodist Church shall be a notice in writing signed by or on behalf of the connexional Ecumenical Officer given with the consent of the Methodist Property Office to the Incumbent
(5) No notice given under this Clause shall be for less than six months unless the persons to whom it is to be given agree to accept shorter notice
11 THE Faculty Jurisdiction of the Church of England and the Inspection of Churches Measure 1955 shall continue to apply after the date hereof to the Church Building
12 IN this Agreement save when the context otherwise requires
(a) "The Bishop" and "the Diocesan Pastoral Committee" mean respectively the Diocesan Bishop and the Diocesan Pastoral Committee of the diocese in which the Church Building is situate
(b) "The Superintendent Minister" means the Superintendent Minister of the circuit of the Methodist Church in which the Church Building is for the time being situate
(c) Reference to the Incumbent the Parochial Church Council the Bishop the Superintendent Minister the Methodist Property Office the Methodist Church Council and the connexional Ecumenical Officer includes a reference to the person or body who by reason of any vacancy of office or any change in the constitution of the Church of England and/or the Methodist Church is for the time being charged with the responsibilities of the person or body named
IN WITNESS whereof the Diocesan Authority has caused its Common Seal to be affixed and the Incumbent has set his hand and seal and pursuant to a resolution passed at a duly convened meeting of the Parochial Church Council held on the 5th May 2010 the Incumbent presiding and two other members of the Parochial Church Council present at the said meeting have on behalf of the Parochial Church Council set their respective hands and seals and Phyllis Hearn and Betty Twitchen and the Reverend Kenneth Graham Howcroft have hereunto set their respective hands the day and year first hereinbefore written
THE FIRST SCHEDULE hereto
ALL THAT piece or parcel of land situate at Ditchfield Common HP14 3HG in the County of Buckingham TOGETHER WITH the buildings erected thereon or on some part thereof and known as Holy Trinity Church, Lane End
THE SECOND SCHEDULE hereto
Constitution of the Joint Council
1 The Joint Council shall consist of an equal number of members of each of the two Churches which number shall be four or such other number as the Joint Council shall from time to time determine
2 The members of the Joint Council who are members of the Church of England shall consist of
- (a) The Incumbent and both Churchwardens who shall be members ex-officio
(b) Such other members of the Parochial Church Council as the Parochial Church Council shall from time to time appoint and so that members so appointed shall hold office so long as the Parochial Church Council shall determine
3 The members of the Joint Council who are members of the Methodist Church shall consist of
3.1 The Superintendent Minister and the Minister with pastoral charge at the Church Building if a Methodist Minister who shall be ex‑officio members and
3.2 Two persons (or such other number of persons as may be required to complete the number of members of the Joint Council who are members of the Methodist Church) elected annually by the Methodist Church Council
4 Ex-officio members may each appoint a deputy either generally or for a particular meeting to act in their place at a meeting when they are not present in person and such members present by deputy shall be deemed to be present at a meeting and their deputies may at the meeting exercise all the rights which they might have exercised
5 Members to be elected at an annual meeting shall hold office until the next annual meeting of the body which elected them and shall be eligible for re-election but if then no persons shall be elected in their places (unless otherwise expressly resolved by the body which elects them) they shall be deemed to have been re-elected for a further year
6 (a) The Incumbent shall be Chairman of the Joint Council
(b) When the Chairman is not available to take the chair those present shall choose one of their number to be Chairman for that meeting
7 The quorum at a meeting shall be four or such other number as the Joint Council may from time to time decide but so that no meeting shall be deemed to have a quorum unless at least two members of each of the two Churches are present
8 Every matter shall be determined by the majority of the members of the Joint Council present and voting on the question provided that in case of equality of votes the Chairman shall have a second or casting vote
9 A casual vacancy in the Joint Council shall not invalidate its proceedings
10 The Joint Council shall meet at least once in every year
11 Subject to the foregoing provisions of this Schedule the Joint Council shall from time to time regulate its own procedure and shall cause minutes to be kept of all its meetings
THE COMMON SEAL of Diocesan Trustees (Oxford) Limited
was hereunto affixed in the presence of
Member
Secretary
SIGNED as his Deed and DELIVERED by the said
ROBERT HENRY JENNINGS
in the presence of
SIGNED as its Deed and DELIVERED by the said
ROBERT HENRY JENNINGS (the Chairman presiding)
in the presence of:
Churchwarden BRYAN KELSEY EDGLEY
Churchwarden DAVID IAN SHUFFLEBOTHAM
PCC Secretary SHEILA KEATINGE
SIGNED as a DEED and DELIVERED by the said
PHYLLIS HEARN
in the presence of
SIGNED as a DEED and DELIVERED by the said
BETTY TWITCHEN
in the presence of
SIGNED as a DEED and DELIVERED by the said
KENNETH GRAHAM HOWCROFT
in the presence of
SA REGISTERED by
on behalf of THE METHODIST CHURCH
this …...day of ........................... 2010
REGISTERED in the
OXFORD DIOCESAN REGISTRY
this …...day of .............................2010
DIOCESAN REGISTRAR
REGISTERED in the
PROVINCIAL REGISTRY of CANTERBURY
this .......day of ............................2010
PROVINCIAL REGISTRAR
THE COMMON SEAL of
|
1.5” diameter seal |
Diocesan Trustees (Oxford) Limited
was hereunto affixed in the presence of
|
A Member |
Member
|
Secretary |
Secretary
|
R H Jennings |
SIGNED as his Deed and DELIVERED by the said
ROBERT HENRY JENNINGS
|
Witness A Address line 1 Address line 2 Address line 3 Occupation |
in the presence of
|
R H Jennings |
SIGNED as its Deed and DELIVERED by the said
ROBERT HENRY JENNINGS (the Chairman presiding)
in the presence of:
|
B K Edgley |
Churchwarden BRYAN KELSEY EDGLEY
|
I D Shufflebotham |
Churchwarden DAVID IAN SHUFFLEBOTHAM
|
S Keatinge |
PCC Secretary SHEILA KEATINGE
|
P Hearn |
SIGNED as a DEED and DELIVERED by the said
PHYLLIS HEARN
in the presence of
|
Witness B Address line 1 Address line 2 Address line 3 Occupation |
|
B Twitchen |
SIGNED as a DEED and DELIVERED by the said
BETTY TWITCHEN
in the presence of
|
Witness C Address line 1 Address line 2 Address line 3 Occupation |
|
K G Howcroft |
SIGNED as a DEED and DELIVERED by the said
KENNETH GRAHAM HOWCROFT
in the presence of
|
Witness D Address line 1 Address line 2 Address line 3 Occupation |
