Issued under the VACANCY IN SEE COMMITTEES REGULATION 1993 as amended by the Vacancy in See Committees (Amendment) Regulation 2003
To be sent by the Diocesan Secretary to all members of the Vacancy in See Committee as soon as practicable following the announcement of a vacancy of the diocesan bishopric
Prepared by the Archbishops’ Secretary for Appointments
January 2004
Introduction p5
The roles of a diocesan bishop p6
Choosing diocesan bishops: the process p10
Guidance Notes and Code of Practicefor Vacancy in See Committees p19
The Vacancy in See Committees Regulation 1993 as amended by the Vacancy in See Committees (Amendment) Regulation 2003 p41
The Crown Nominations Commission Standing Order (S.O. 122) p57
Election of a Diocesan Bishop by the College of Canons: An Explanatory Note p69
This booklet has been prepared for members of Vacancy in See Committees to set out the process for choosing a new bishop. It is hoped that it will assist all those participating in discerning the gifts needed by the individual called to a diocesan bishopric and that it will provide clarity about the processes involved in deciding who the new bishop should be.
At the ordination of bishops, the questions asked by the Archbishop are prefaced by the following statement, which describes the ministry to which a bishop is ordained:
A bishop is called to lead in serving and caring for the people of God and to work with them in the oversight of the Church. As a chief pastor he shares with his fellow bishops a special responsibility to maintain and further the unity of the Church, to uphold its discipline, and to guard its faith. He is to promote its mission throughout the world. It is his duty to watch over and pray for all those committed to his charge, and to teach and govern them after the example of the Apostles, speaking in the name of God and interpreting the gospel of Christ. He is to know his people and be known by them. He is to ordain and to send new ministers, guiding those who serve with him and enabling them to fulfil their ministry.
He is to baptise and confirm, to preside at the Holy Communion, and to lead the offering of prayer and praise. He is to be merciful, but with firmness, and to minister discipline, but with mercy. He is to have a special care for the outcast and needy; and to those who turn to God he is to declare the forgiveness of sins.
The particular role of a diocesan bishop is set out in the following extracts from Canon C 18 of the Canons of the Church of England:
OF DIOCESAN BISHOPS
1. Every bishop is the chief pastor of all that are within his diocese, as well laity as clergy, and their father in God; it appertains to his office to teach and to uphold sound and wholesome doctrine, and to banish and drive away all erroneous and strange opinions; and, himself an example of righteous and godly living, it is his duty to set forward and maintain quietness, love, and peace among all men.
2. Every bishop has within his diocese jurisdiction as Ordinary except in places and over persons exempt by law and custom.
...
4. Every bishop is, within his diocese, the principal minister, and to him belongs the right, save in places and over persons exempt by law or custom, of celebrating the rites of ordination and confirmation; of conducting, ordering, controlling, and authorising all services in churches, chapels, churchyards and consecrated burial grounds; ... of being president of his diocesan synod.
...
The role of bishops is not confined to their own dioceses. As the statement at ordination services makes clear, the ‘special responsibility to maintain and further the unity of the Church, to uphold its discipline, and to guard its faith’ is one which bishops share with their fellow bishops, and they are to promote the mission of the Church ‘throughout the world’. They are members of the college of bishops at the provincial and national levels and attend the Lambeth Conference of all the bishops in the Anglican Communion.
All diocesan bishops are members of the House of Bishops of the General Synod and therefore share in responsibility for the leadership of the Church of England nationally and for relationships between the Church of England and the Church in other countries. Beyond their formal synodical role, diocesan bishops tend to be the public face of the Church in the eyes of the media and therefore perform an important communications role. Most diocesan bishops carry particular national responsibilities, chairing committees or boards within the National Church Institutions, ecumenically, or in connection with religious charities.
The Archbishops of Canterbury and York and the Bishop of London are privy counsellors. They are also members of the House of Lords, as are the Bishops of Durham and Winchester and the most senior twenty-one of the other diocesan bishops in England, while the Bishop of Sodor and Man sits in Tynwald. Bishops may also be invited to contribute their experience or expertise to the deliberations of national government or regional bodies on particular issues. Diocesan bishops will thus also be called upon sooner or later to play a leading part in national life and to represent not just their dioceses but also their regions at the national level.
It is important that all who are involved in the process for choosing diocesan bishops bear in mind not just the role of diocesan bishops in their own dioceses, but also the ministry which they are called upon to exercise nationally and, in many cases, internationally as well.
The process for choosing a diocesan bishop begins in the diocese. Because of the variety of roles which diocesan bishops have, not only within the Church of England but also in the local community and the nation at large, the choice is not made by representatives of the diocese alone. Diocesan representatives work with representatives of the Church of England as a whole, under the presidency of the Archbishops, and the Sovereign (advised by the Prime Minister) also plays a part in the process.
The first stage of the process involves discussion within the diocese of the gifts which its next diocesan bishop is likely to need.
The role of the Vacancy in See Committee is as follows;
- to prepare a brief description of the diocese and a statement setting out the desired profile of the new Bishop
- to elect the diocesan representatives to the Crown Nominations Commission
The Committee will meet at least twice. Its discussions (but not the date, time and place of its meetings) should be kept confidential.
The preliminary meeting is to allow members to get to know each other, and also to conduct initial business. The Committee will need to elect a Deputy Chairman and to discuss how it will produce the material for the description of the diocese and the statement of needs. The Committee will also wish to hold preparatory discussions on the election of the diocesan members of the Crown Nominations Commission. With regard to this, the Committee is encouraged to consider the need for a balance of interests and representation (clergy/lay; male/female; urban/rural; ethnic minority communities; churchmanship etc) amongst the representatives. The diocesan representatives are not mandated delegates to the Crown Nominations Commission and do not refer back to the Vacancy in See Committee during the selection process. It is therefore important that they are people of sound judgement who can be trusted to represent the needs to the diocese and who are sensitive to the needs of the wider Church.
At the main meeting of the committee the Appointments Secretaries clarify the process and answer any questions members of the Committee might have. A further discussion on the features and issues of the diocese and the qualities needed in the new bishop will inform both the diocesan document outlining its needs and, as part of a wider consultation, the Secretaries’ Memorandum. At this meeting the Committee appoints the drafting group and elects the six members to serve on the Commission. After the meeting the Archbishops’ Appointments Secretary will brief the CNC representatives on the next steps.
The Vacancy See in See Committee will decide whether a further meeting is required to complete the statement of diocesan needs or whether the statement can be finalised in another way.
For further information on the Vacancy in See Committee please read the attached Code of Practice and Regulations.
The two Appointments Secretaries jointly undertake consultations within the diocese in order to inform their memorandum outlining their views on the requirements of the diocese and on the desired profile of the new bishop. The consultations are generally conducted over two days and are arranged by the Diocesan Secretary in liaison with the Prime Minister’s Appointments Secretary. The Appointments Secretaries meet representatives of local civic, social and religious life. These may include, for example, individuals from local government, the education sector, other faiths and other Christian churches, and charities, as well as representatives of the diocese such as members of the Bishop’s Council, representatives of deaneries and parishes, clergy groups, and other representatives of church life.
In addition, the Secretaries are present at an open hearing at which anyone may express views about the needs of the diocese. The Chairman of this meeting is identified by the Chairman of the Vacancy in See Committee in consultation with the Secretaries. The open hearing is a recent introduction to the process and is being conducted on an experimental basis.
Having established the needs of the Diocese, two documents are prepared. The diocesan Vacancy in See Committee prepares a Description of the Diocese and Statement of Needs and, on the basis of their consultations, the Appointments Secretaries produce a Memorandum. In addition the outgoing bishop is invited to submit in writing any views he may have, or to give the Secretaries his view orally if he prefers.
The diocesan bishop is not only the bishop of his diocese, but also part of the collective leadership of the Church of England as a whole and a member of the House of Bishops and, in most cases, a potential future member of the House of Lords. The Archbishops will prepare a statement which will set out the needs of the Church of England as a whole with particular regard to the range of skills, perspectives, and experience of existing members of the House of Bishops.
A national announcement in the church press will have invited members of the public to submit comments and possible names to the Appointments Secretaries. The names submitted are circulated to all members of the Crown Nominations Commission, together with the Description of the Diocese and Statement of Needs, the Secretaries’ Memorandum, a note by the outgoing bishop (if submitted) and a statement by the Archbishops on the needs of the Church of England as a whole. Members of the commission are invited to submit the names of potential candidates for consideration by the commission in the light of the information provided on the needs of the diocese and the national church.
The Crown Nominations Commission consists of the two Archbishops (as Chairman and Vice-Chairman), six members of the General Synod (three clergy, three lay), six members elected by the diocesan Vacancy in See Committee (at least three of them lay), and the two Appointments Secretaries (as non-voting members). The Archbishop of the Province presides, although he may delegate presidency of all or part of a meeting to the other Archbishop. (When a vacancy in the See of Canterbury or the See of York is considered, the membership is slightly different and a lay person presides.)
While the dates of the two meetings of the Commission will be announced, the discussions about individuals and the supporting documentation must remain confidential. This is to protect all candidates considered from undue pressure and also to protect the new bishop and his family from rumour, as well as individual members of the commission.
It has been agreed that the following documents should be circulated to the Commission in respect of for each candidate:
A revised process whereby this information will already be in place for individuals who are considered to have the potential to be considered as diocesan bishops is under development. Each of these documents will be prepared with a view to the candidate being considered for diocesan sees in general and will be held on file. Since it will take some time for this material to be gathered, these arrangements will be implemented gradually during 2004/2005.
At its first meeting, the Commission discusses the needs of the diocese and of the mission of the Church of England as a whole, and agrees on key criteria (needs and qualities). It then considers the names in the light of those agreed criteria. It excludes those who are identified in discussion are being unsuitable and may, exceptionally, add names which suggest themselves in the light of the criteria.
In advance of the second meeting, the Archbishops’ Appointments Secretary (who acts as Secretary of the Commission) circulates a note of the agreed key criteria and the documentation for any candidate whose name was added to the list, and obtains any additional information about individual candidates which the Commission may have requested.
At the Commission’s second meeting, it discusses the candidates identified at the first meeting and reduces the list, by discussion, to a shortlist of five or six. After further discussion of the shortlisted names, the Commission votes on them, in order to produce two names to submit to the Crown. Before the vote is taken, the person presiding must be satisfied that the Commission’s discussions have paid due regard to the views of the diocesan members and to the requirements of the mission of the Church of England as a whole.
Each of the names submitted must have received the support of two-thirds of the members, voting in a secret ballot. When the two names have been identified, a further vote is taken, again by secret ballot, in order to allow the Commission’s members to express a preference between them.
The Archbishop of the Province then writes to the Prime Minister, submitting the two names and informing him of the number of members who supported each in the final ballot.
The Prime Minister then has a choice in considering whom to commend to the Queen. He may select the first of the two names put to him (assuming that the Commission has expressed a preference between the two names put forward), or he may select the second; or he may ask the Commission to re-consider and submit further names (in which case the Commission would need to meet again). Once the Prime Minister has reached his decision he invites the candidate concerned to accept the nomination.
Once a candidate has agreed to accept, the Prime Minister advises the Sovereign, who formally nominates him to the See.
The College of Canons of the Cathedral then meets formally to elect the person nominated by the Crown. In electing the person nominated, the College of Canons expresses the consent of the diocese to the outcome of the process of discernment described above, in which the diocese’s representatives will have played a full part.
The election is confirmed by the Archbishop of the Province or by his Vicar-General on his behalf.. It is the confirmation of the election which actually makes the person concerned the bishop of the diocese; at the end of the ceremony he is given spiritual jurisdiction over the diocese (‘the care, government and administration of the Spirituals’ of the bishopric).
If the new bishop is not already in episcopal orders, he will be ordained bishop before taking up office. He will also need to pay homage to the Sovereign and an enthronement service will take place in the diocese.
VACANCY IN SEE COMMITEES REGULATION 1993 (AMENDED 2003)
These Guidance Notes and Code of Practice were drawn up by the Steering Group charged with following up the recommendations of the report Working with the Spirit: Choosing Diocesan Bishops (GS 1405). This document is not legally binding.
Numbers in square brackets refer to the relevant paragraph of the Vacancy in See Committees Regulation 1993 (as amended by the Vacancy in See Committees (Amendment) Regulation 2003). The amended regulation, which governs the membership, functions and procedure of Vacancy in See Committees, was declared an Act of Synod in July 2003 and its new provisions came into force on 1 December 2003.
1. The procedure for the formation of a new Committee is set out in the Regulation. The Committee is reconstituted after the election of a new diocesan synod and, although the Committee continues in existence at all times, the term of office of elected members, and of archdeacons elected under para. 1 (a) (iii), begins on 1 January of the year following that election. The term of office of elected members of the Committee expires on 31 December of the year in which the new diocesan synod is elected [2 (a)].
2.1.1 All suffragan bishops and any assistant bishops who are both in full-time stipendiary service and members of the diocesan House of Bishops are ex-officio members of the Committee [1 (a) (i)]. Other bishops resident in the diocese do not qualify.
2.1.2 The dean is an ex-officio member of the Committee [1 (a) (ii)], because of the central role of the cathedral in the life of the diocese. If the dean is unable to serve, then a member of the Chapter is to be elected by the Chapter to serve instead of the dean. A member of the Chapter (for example an archdeacon or a proctor in Convocation) who has become a member of the Committee by another route is not eligible for election to represent the Chapter [1 (a) (ii)].
2.1.3 The archdeacons of the diocese (if there are not more than two), or, if there are more than two, then two archdeacons elected by and from their number, are also included in the ex officio membership [1 (a) (iii)]. No special provision is made for the representative archdeacon appointed as a member of Convocation to be one of these two, but it is important to note that that archdeacon cannot be an ex-officio member of the Committee under the provisions of sub-paragraph (iv), nor can any archdeacon stand for election under sub-paragraph (vii). The representative archdeacon in Convocation should therefore seek election, if he or she so wishes, under the provisions of sub-paragraph (iii).
2.1.4 The proctors in Convocation (except for the representative Archdeacon) and the members of the House of Laity of the General Synod are all ex-officio members of the Committee [1 (a) (iv) & (v)], [but it should be noted that if a member of the Committee is appointed by the Bishop’s Council to act as secretary to the Vacancy in See Committee, he or she must immediately resign from membership of the Committee [4 (c)]].
2.1.5 The Chairman of the House of Clergy and the Chairman of the House of Laity of the diocesan synod are also ex-officio members [1 (a) (vi)]. In the event of their being members of the Committee by some other route, there is no provision for a deputy to be appointed to replace them.
2.2.1 Archdeacons and persons in episcopal orders are excluded from the elected membership of the Committee [1 (a) (vii)], and if an elected member is appointed to act as secretary, he or she must immediately resign from membership [4 (c)].
2.2.2 The Regulation attempts to give some flexibility to dioceses to determine the size of the Committee, and the Bishop’s Council will need to address the geographical spread of representation, including the question of adequate representation from each archdeaconry [1(b)]. It is important to note that the requirement that ‘every archdeaconry in the diocese will be adequately represented’ does not necessarily imply either equal or proportional representation. It is for each diocese to decide what constitutes adequate representation of particular archdeaconries in its own context.
2.2.3 The number of Clerks in Holy Orders and the number of lay persons to be elected must not, in each case, be fewer than two [1 (a) (vii) and (viii)]. In order to determine the number that should be elected, the distribution of the ex-officio members of the Committee must first be taken into account. The aim is to achieve a Committee which (a) adequately represents every archdeaconry in the diocese and (b) comprises an equal number of clerical and lay members. If, after considering the distribution of the ex-officio members, both these considerations are already satisfied, then the number to be elected must not exceed two clerical and two lay members [1 (b)].
2.2.4 The preponderance of ex-officio clergy on the Committee means that it is important that, in determining the size of the Committee, special attention is paid to achieving an equality of clerical and lay representatives. Consideration should also be given to achieving representation of a spread of different interests among the clergy membership (for example, parish priests, sector ministers and non-stipendiary ministers).
2.2.5 Elections to the Committee must be carried out using the method of the Single Transferable Vote [2 (c)].
2.3.1 The provision for the nomination of additional persons reflecting special interests in the diocese [1 (c)] was originally included in the Regulation so that, for example, the two ancient Universities could be given a say in discussions concerning the appointment of the Bishops of Ely and Oxford.
2.3.2 The amended Regulation allows for the nomination of up to four additional persons either because they reflect a special interest in the diocese or because their nomination is, in the opinion of the Bishop’s Council, appropriate in order to secure better reflection of the diocese as a whole. It is for the Bishop’s Council to determine whether and how this provision should be used. The Bishop’s Council may wish to consider issues of geographical spread, ethnicity, gender and age. There are no further powers of co-option to the Committee [1 (d)].
3.1 The Regulation provides that there shall always be a Chairman of the Committee ‘in waiting’. This enables the Archbishops’ Secretary for Appointments, as Secretary to the Crown Nominations Commission, to begin the task of liaison with the diocese immediately a vacancy in the see is announced.
3.2 The Chairman is to be ‘elected’ (not merely appointed) by the Bishop’s Council from among the members of the Committee at the first meeting of the Council after the election of the Committee [4 (a)]. It is inappropriate for the diocesan bishop to nominate or second a candidate or to vote in the election.
3.3 There may well be advantages in the Chairman being a person of perceived neutrality and objectivity in the diocese, known for his or her ability to deal with complex business and issues in a relatively short period of time. It is imperative that the Bishop’s Council form its own view as to what is required.
3.4 The election of the deputy chairman of the Committee takes place at the first meeting of the Committee [4 (b)].
4.1 Originally, the Secretary of the Committee was always the diocesan registrar. From 1993 there was the option of appointing either the registrar or the diocesan secretary and now it is open to the Bishop’s Council to appoint any ‘fit and proper person’. The Regulation requires the Bishop’s Council to decide, at the same meeting at which the Chairman is elected, who is to be the Secretary. If the person appointed is a member of the Committee, he or she must immediately resign from membership. [4 (c)]
5.1 The elected and nominated members of an existing Vacancy in See Committee continue in office until 31 December of the year in which a new diocesan synod is elected [2 (a)]. This ensures that there is always a full complement of Committee members in place whenever a vacancy occurs.
5.2 Where a Vacancy in the See occurs and a Committee has begun its work, the Committee membership as convened shall continue to serve, irrespective of the election of new members following a diocesan synod election [4 (e)].
6.1 Because the Committee is a permanent committee of the diocese, it is essential that casual vacancies (including vacancies caused by an insufficient number of eligible candidates standing for election) are filled as soon as possible; at the latest, they must be filled within six months of the casual vacancy occurring. Any casual vacancy which exists when a vacancy is announced, or arises before consideration of the vacancy is concluded, remains unfilled until the Committee has completed its consideration of the vacancy. The procedure for filling vacancies among the places for elected members is election, not appointment or nomination [3 (a)].
7.1 As soon as practicable following announcement of a vacancy, the diocesan secretary is to send each member a booklet, prepared by the Archbishops’ Secretary for Appointments and approved by the Legal Adviser to the General Synod [4 (g)]. This booklet contains
7.2 A copy of this booklet should be given to the Chairman on his election.
7.3 It is recommended that members should be sent a summary of the booklet, covering a single side of A4 paper, as soon as possible following their election.
8.1 The Secretary is charged with
9.1 The Archbishops’ Secretary for Appointments (ASA) will contact the Chairman and the Secretary as soon as a vacancy is announced. It is suggested that the Chairman and Secretary should arrange to visit the ASA so that she or he can brief them on the process.
10.1 It is important that the names of the members of the Committee are publicly available, so that anyone wishing to make individual representations to them may be able to do so. One way of publicizing the membership of the Committee would be to include it in the diocesan year book or similar publication.
10.2 After the preliminary meeting, the Secretary of the Committee should insert in the national church press (in liaison with the ASA) an announcement of the vacancy, following a standard wording. This should
11.1 Thought should be given to the most convenient times and places for meetings. Meetings should be held at times which do not make it difficult for lay members to attend. There is no reason why meetings (especially the main meeting) should not be held on a Saturday. For many laypeople, Saturday is the best day, and a Saturday meeting provides the opportunity for proceedings to be more unhurried than might be the case on a weeknight.
11.2 At its preliminary meeting, the Committee should agree dates and times for its subsequent meetings. The ASA and the Prime Minister’s Secretary for Appointments must be invited to all meetings of the Committee [4 (d)]. It is unlikely that they will in fact attend the preliminary meeting of the Committee, but it is essential for them to be present at the main meeting, so that they may both hear the views expressed and also offer members a perspective which also takes account of the interests of the wider Church. To this end, the ASA will give the Chairman and Secretary an indication of the Appointments Secretaries’ availability to attend a main meeting of the Committee, and it is recommended that the date and time should be fixed so as to make their attendance possible. However, although the Appointments Secretaries must be invited to all meetings of the Committee, it is entitled to meet whether or not they choose to attend.
12.1 The business of the Vacancy in See Committee (but not the date, time and place of its meetings) must be kept confidential in order to maintain the integrity of the process.
12.2 It may well be that a member of the Committee is also an elected ‘central’ member of the Crown Nominations Commission. Nothing prevents such a member from playing a full part in the deliberations of the Vacancy in See Committee, although central members are clearly privy to a great deal of confidential information that they will not be at liberty to reveal.
13.1. The Committee is required to meet at least twice, the first meeting being held as soon as practicable after the announcement of a vacancy [5 (a)].
13.2 The main purpose of the first (preliminary) meeting is for the members to get to know each other, but there will also be some preliminary business to conduct.
13.3 It is recommended that the meeting should begin with an act of worship, which might be a celebration of the Eucharist.
13.4 The recommended agenda for this meeting is as follows:
1. Introductions
2. The process and the Committee’s part in it (briefing by the Chairman or Secretary on the basis of the briefing booklet and a conversation with the ASA)
3. Election of Deputy Chairman
4. Commissioning of work towards production of factual material for the Description of the Diocese
5. Preparatory discussion of possible composition of a drafting group for the Statement of Needs
6. Preparatory discussion for election of diocesan members of the Crown Nominations Commission and distribution of nomination forms
7. Dates, times and venues of subsequent meetings
(a) main meeting
(b) meeting to finalize Description of the Diocese and Statement of Needs
(to be held if required)
13.5 While it is helpful for work towards production of factual material for the Description of the Diocese to be set in train in advance of the main meeting, work on drafting the Statement of Needs should not begin in advance of the discussion of those needs, which should take place at the main meeting [5 (a)].
13.6 A drafting group for the Statement of Needs should be appointed at the main meeting. The purpose of agenda item 5 is to encourage members to give some thought to the composition of the drafting group in advance of that meeting.
13.7 The election of diocesan members of the Commission is normally to be the final business of the main meeting [5 (b)]. This is so that members can make their choice having heard the discussion of the needs of the diocese and the contributions of the candidates to that discussion.
13.8 Before candidates are nominated, the Committee should be encouraged to consider the need for a balance of interests and representation (clergy/lay; male/female; urban/rural; ethnic minorities; churchmanship; etc.) among its representatives. Since at least three of the six representatives must be lay [5 (b)], it is important to ensure that a sufficient number of lay candidates are nominated. However, it is highly unlikely that all aspects of the life of the diocese will be reflected directly in the members elected. It is therefore important above all that those who are elected are people of sound judgement who understand, and can be trusted to represent, the needs of the diocese and will also be sensitive to those of the wider Church. The task with which they are charged is an onerous one.
13.9 Candidates must be proposed and seconded by members of the Committee and no member shall propose or second more than one candidate [5 (b)]. (This is so as to ensure that the number of candidates does not exceed 50% of the number of electors, thus minimizing the likelihood of a need for random exclusion of candidates at an early stage in the counting of votes.) Nomination forms should be distributed at the preliminary meeting, so that members may discuss possible candidates informally, and sign the forms, in advance of the main meeting.
14.1 The principal tasks of the Committee are to prepare a brief Description of the diocese and a Statement setting out the needs of the diocese and to elect members to serve on the Crown Nominations Commission. The Regulation requires that the Statement should be drafted following discussion at the second meeting of the Committee (the main meeting) and that the representatives on the Commission should be elected at that meeting. [5 (a) & (b)] The provision in the 1993 regulation which enabled the Committee to discuss names has been removed.
14.2 The recommended agenda for the main meeting is as follows:
1. Worship
2. Welcome to the Appointments Secretaries
3. Remarks by the Appointments Secretaries
4. Discussion of the principal features and issues of the diocese, including
(a) geographical and social factors
(b) factors affecting the Church
5. Discussion of the qualities needed in the new diocesan bishop
6. Appointment of drafting group
7. Confirmation of nominations for election to the Commission
8. Short break (if necessary)
9. Election of members to serve on the Commission
15.1 The purpose of the Description of the Diocese and Statement of Needs is to provide the Crown Nominations Commission with a description of the principal characteristics of the diocese and of the qualities thought to be needed in its new bishop. The Commission may from time to time issue guidance to Vacancy in See Committees about the form which these documents should take and what the subjects which they might helpfully cover.
15.2 It is recommended that a drafting group of three or four should be appointed to prepare a draft Description and Statement for consideration by the whole Committee.
15.3 The draft Description and Statement should be circulated to the members of the Committee with an indication of the date by which any comments should be sent in. If changes are made in response to comments, a second draft should be circulated with an indication that unless objection is made by a certain date, the Committee will be deemed to have given its approval, in which case it will not be necessary to hold a third meeting of the Committee. If agreement cannot be achieved by correspondence in this way, the Description and Statement should be finalized at the third meeting (for which a date will have been agreed at the first meeting).
15.4 The Statement of Needs should be sent to the Secretary of the Commission as soon as possible after the Committee has agreed it. It will be distributed, together with the memorandum prepared jointly by the two Secretaries after their independent consultation, to all members of the Commission, including the members elected from the diocese. It is for the Vacancy in See Committee to decide whether it should be confidential.
16.1 The election of the diocesan representatives to serve on the Commission is normally to be taken at the second meeting of the Committee (the main meeting), as the last item of business [5 (b)] – in the light of the discussion of the needs of the diocese. The Chairman is advised to ask the meeting after the discussion whether there are any further nominations, which should be submitted in writing in the normal way [cf. paras 13.8 & 14.2]. It is important to note that those elected are representatives and not delegates; they cannot be mandated as to how they should vote at meetings of the Commission.
16.2 The election must be carried out by using the method of the Single Transferable Vote [5 (b)].
16.3 It is helpful (though not essential) if the representatives, once elected, can appoint one of their number to act as convener.
16.4 In the event of one of the representatives being unable to serve, the Chairman and Deputy Chairman of the Committee, acting jointly, appoint a replacement and notify the Secretary of the Crown Appointments Commission accordingly. In making their decision, they are required to ‘have regard to the desirability of maintaining, amongst those members, a similar balance of opinion and representation of the interests which those members represented’. [5(c)]
17.1 As soon as practicable after the main meeting of the Committee, the Secretary of the Committee should announce, using the local press and other media, the names and addresses of the diocesan representatives. The announcement should invite people to write to them with an expression of view or suggested names by a certain date (identified on the advice of the Archbishops’ Secretary for Appointments). It should be made clear that representatives will not be able to enter into correspondence. The announcement should seek and encourage the prayers of the diocese for all those involved in the process, and especially for the Commission and its members.
17.2 Diocesan representatives will bear suggested names in mind when considering which names (if any) they should submit for mandatory or discretionary consideration by the Commission.
GENERAL SYNOD VACANCY IN SEE COMMITTEES REGULATION 1993
as amended by the Vacancy in See Committees (Amendment) Regulation 2003
A REGULATION passed by the General Synod to make fresh
provision with respect to Vacancy in See
Committees
1. Establishment and Composition:
(a) In every diocese there shall continue to be in existence at all times a Vacancy in See Committee consisting of:
Ex Officio members:
(i) the suffragan bishop or bishops and any full-time stipendiary assistant bishop who is a member of the diocesan House of Bishops.
(ii) the dean of the cathedral or, if he or she is unable to serve, a member of the Chapter of the cathedral elected by the Chapter ex-cluding from election any person who is a member of the Committee in any other capacity; where there is an equality of votes, the matter shall be decided by lot.
(iii) two archdeacons elected by and from the arch-deacons of the diocese; if there are no more than two archdeacons in the diocese, those archdeacons or archdeacon. Where there is an equality of votes, the matter shall be decided by lot.
(iv) the proctors elected by the diocese to the Lower House of Convocation excluding the representative archdeacon appointed as a member of Convocation pursuant to Canon H 2.
(v) the members elected by the diocese to the House of Laity of the General Synod.
(vi) the chairman of the House of Clergy and the chairman of the House of Laity of the Diocesan Synod.
Elected members:
(vii) not fewer than two Clerks in Holy Orders being clerks beneficed in the diocese or licensed under seal by the bishop of the diocese, elected by the House of Clergy of the Diocesan Synod except that no archdeacon and no person in episcopal orders shall be eligible for election under this paragraph.
(viii) not fewer than two actual communicant lay persons whose names are on the electoral roll of a parish in the diocese elected by the House of Laity of the Diocesan Synod.
(b) The number to be elected under sub-paragraphs (a)(vii) and (viii) of this Regulation shall be such as to ensure (having taken account of the place of residence of ex officio members) that –
(i) every archdeaconry in the diocese will be adequately represented; and
(ii) the number of members of the Committee (including ex officio members) who are in Holy Orders and who are lay persons shall, as far as possible, be equal
and shall not otherwise exceed two clerks in Holy Orders and two actual communicant lay persons.
(c) The Bishop’s Council and Standing Committee of the diocese may nominate not more than four additional persons who reflect a special interest in the diocese or whose nomination is in the opinion of the Bishop’s Council and Standing Committee appropriate in order to secure a better reflection of the diocese as a whole to serve on the Vacancy in See Committee for a term ending on the date on which the elected members of the Committee cease to hold office under paragraph 2(a) of this Regulation.
(d) The Committee shall have no power to co-opt additional members.
2. Elections:
(a) Subject to paragraph 3(d) of this Regulation the elected members of the Committee shall be elected by the Houses of Clergy and Laity of the Diocesan Synod and their term of office shall commence on the first day of January following the election of a new synod and end on 31st December following the election of the next synod.
(b) Persons eligible to stand for election shall be proposed and seconded by members of the appropriate House of the Diocesan Synod.
(c) The election shall be conducted by the method of the single transferable vote in accordance with the Regulations of the General Synod currently in force.
3. Casual Vacancies:
(a) A casual vacancy (including any vacancy occurring because insufficient eligible candidates for election have been elected) among the elected members shall be filled within six months of the occurrence of the vacancy by a further election by the House concerned provided that if a vacancy of the bishopric is announced before a vacancy on the Committee has been filled the vacancy on the Committee shall remain unfilled until the Committee has completed its consideration of the vacancy of the bishopric and shall then be filled within six months of the completion of such consideration.
(b) Where a proctor becomes the representative archdeacon for the diocese pursuant to Canon H 2 he or she shall cease to be an ex officio member of the Committee under paragraph 1(a)(iv) of this Regulation but without prejudice to his or her becoming a member of the Committee under paragraph 1(a)(iii).
(c) Where a clerk in Holy Orders elected under paragraph 1(a)(vii) of this Regulation becomes an archdeacon in the diocese he or she shall cease to be a member of the Committee under that paragraph but without prejudice to his or her becoming a member of the Committee under paragraph l(a)(iii).
(d) A person shall cease to be a member of the Committee when he or she ceases to hold the office by virtue of which he or she was eligible for or entitled to such membership.
4. Officers and Procedure:
(a) At the first meeting of the Bishop’s Council following the election of the members of the Committee a Chairman of the Committee shall be elected by the members of the Bishop’s Council from among the members of the Committee both ex officio and elected. The person elected as Chairman shall hold office for the same term as the elected members referred to in paragraph 2(a) of this Regulation subject to paragraph 4(e) hereof.
(b) At the first meeting of the Committee a deputy chairman shall be elected by and from the members of the Committee.
(c) The Secretary of the Committee shall be a fit and proper person (not being a member of the Committee) appointed by the Bishop’s Council at the first meeting of the council held following the election of the Committee and if the Secretary is already a member of the Committee at the time of his or her appointment he or she shall forthwith resign his or her office as a member. The Secretary shall convene meetings of the Committee in accordance with the directions of the Committee or the chairman thereof.
(d) The Secretary of the Committee shall invite the Prime Minister’s Secretary for Appointments and the Archbishops’ Secretary for Appointments to attend meetings of the Committee.
(e) For the purposes of completing the consideration of any vacancy on which the Committee shall have begun work, elected members shall continue to act as members of the Committee instead of the new members notwithstanding the expiry of their term of office and where, pursuant to paragraph 4(c) above, the Bishop’s Council has decided to appoint a different person to act as secretary of the Committee, the former secretary shall continue to act.
(f) Subject to the foregoing provisions the Committee shall have power to regulate its own business and procedure.
(g) As soon as practicable following the announcement of a vacancy of the bishopric the diocesan secretary shall provide to each member a booklet, prepared by the Archbishops’ Secretary for Appointments and approved by the Legal Adviser to the General Synod, containing –
(i) an explanation of the dual role of a diocesan bishop as the bishop of his diocese and as a member of the House of Bishops of the General Synod and, in the case of a bishop who is or may become a member of the House of Lords, of his role as a member of that House and of the importance of giving due weight to those roles when considering candidates for a vacant bishopric;
(ii) a description of the procedures to be followed concerning the nomination of persons to fill a vacant bishopric;
(iii) a copy of this Regulation, as amended, and of the document entitled “Guidance Notes and Code of Practice”; and
(iv) recommendations concerning the procedure to be adopted for meetings of the Committee.
5. Functions:
(a) The Committee shall hold at least two meetings, the first of which shall be held as soon as practicable after the vacancy which the Committee is considering has been announced. At its second meeting the Committee shall discuss the needs of the diocese. It shall then prepare a statement setting out those needs and shall send it to the Crown Nominations Commission of the General Synod, together with such factual information about the diocese and its organisation as the Commission may request.
(b) The Committee shall elect by ballot from amongst its members persons to be members of the Crown Nominations Commission in connection with the discharge by the Commission of its function in relation to the vacancy of the diocesan bishopric, numbering such number of members as may be required by the Standing Orders of the General Synod. Such election shall normally be taken as the final business of the second meeting of the Committee held to consider the vacancy and shall be conducted by the method of the single transferable vote in accordance with the Regulations of the General Synod currently in force. Not less than half of the members elected shall be lay members of the Committee. No candidate shall be eligible for election unless proposed and seconded by members of the Committee other than the candidate and no member shall propose or second a candidate if he or she has proposed or seconded another candidate.
(c) Where, before the Crown Nominations Commission have agreed upon the two names to be submitted to the Prime Minister, any of the members of the Commission elected under sub-paragraph (b) above dies or becomes incapable of acting as such, the chairman and deputy chairman of the Committee shall jointly appoint a member of the Committee to act as a member of the Commission in place of the first mentioned member and in making such an appointment shall have regard to the desirability of maintaining, amongst those members, a similar balance of opinion and of the interests which those members represented.
6. Miscellaneous:
(a) In the carrying out of the provisions of this Regulation the Archbishop of the province shall have power –
(i) to make provision for any matter not herein provided for;
(ii) in any case in which difficulties arise to give any directions which he may consider expedient for the purpose of removing the difficulties.
(b) The power of the Archbishop under this paragraph shall not enable him –
(i) to validate anything that was invalid at the time when it was done;
(ii) to give any direction that is contrary to any paragraph of this Regulation.
(c) No proceedings of any Committee constituted under this Regulation shall be invalidated by any vacancy in the membership of that Committee or by any defect in the qualification, election or appointment of any members thereof.
(d) During a vacancy in an archbishopric or where by reason of illness an archbishop is unable to exercise his functions under this paragraph the functions of an archbishop under this Regulation shall be exercised by the other archbishop.
7. Revocation:
The Vacancy in See Committees Regulation 1977 is hereby revoked.
8. Citation and Commencement:
(a) This Regulation may be cited as the Vacancy in See Committees Regulation 1993.
(b) This Regulation shall come into force on the first day of September 1993.
WHEREAS the Archbishops, Bishops, Clergy and Laity of the General Synod of the Church of England assembled at their Synod in York did on the fourteenth day of July in the Year of Our Lord Two Thousand and Three solemnly affirm and proclaim the Vacancy in See Committees Regulation (in the form it will take when amended by the Vacancy in See Committees (Amendment) Regulation 2003) as an Act of Synod.
NOW THEREFORE WE ROWAN DOUGLAS by Divine Providence Archbishop of Canterbury and DAVID MICHAEL by Divine Providence Archbishop of York do hereby RATIFY AND CONFIRM the said Act of Synod in Our respective Provinces and do hereby PROCLAIM to each and every of Our dioceses THE VACANCY IN SEE COMMITTEES REGULATION (in the form it will take when amended by the Vacancy in See Committees (Amendment) Regulation 2003) as an Act of Synod and do instruct the Clerk to the General Synod to transmit copies of the said Act of Synod to the secretary of each Diocesan Synod requiring that it be formally proclaimed in the Diocesan Synod at the next session.
DATED this fourteenth day of July in the Year of Our Lord Two Thousand and Three
THE CROWN NOMINATIONS COMMISSION STANDING ORDER (S.O. 122)
122.
(a) Composition:
(i) There shall be a Crown Nominations Commission of the Synod consisting of:
Voting Members as under:
Ex Officio Members:The Presidents.
Elected Members:Three members of the House of Clergy.Three members of the House of Laity.Six members of the Vacancy in See Committee of the diocese in respect of which candidates for possible appointment to the vacant diocesan bishopric thereof are due to be considered by the Commission.
Non-Voting Members as under:
Ex Officio Members:The Prime Minister’s Secretary for Appointments.The Archbishops’ Secretary for Appointments.
(ii) The elected members of the Houses of Clergy and Laity shall be elected by their respective Houses in accordance with the procedure prescribed by SO 120.
(iii) Except as provided in paragraph (c)(v) below, the Commission shall have no power to co-opt additional members or to invite the attendance of persons other than members of the Commission.
(iv) If one of the Presidents is unable to be present at any meeting of the Commission he may nominate a member of the House of Bishops from his Province as his deputy with full voting rights.
(v) Where an archiepiscopal see is vacant the senior bishop of the Province able and willing to act shall be a member of the Commission during the consideration of any vacancy other than an archiepiscopal vacancy and such person shall be a voting member of the Commission.
(b) Chairmanship:
(i) The Archbishop of Canterbury shall be Chairman of the Commission and the Archbishop of York shall be its Vice-Chairman.
(ii) Subject to paragraph (c)(i) and (c)(ii) of this Standing Order the Archbishop of Canterbury shall preside at meetings of the Commission when an appointment in the Province of Canterbury is being considered, and the Archbishop of York shall preside when an appointment in the Province of York is being considered, provided that the presiding Archbishop may, if he thinks fit, invite the other Archbishop to preside instead for all or part of any meeting. In the absence of the appropriate Archbishop the other Archbishop shall preside or, in the absence of both Archbishops, one of the members elected by the Houses of Clergy and Laity shall be nominated to preside by the appropriate Archbishop or in the event of his incapacity by the other Archbishop.
(c) Provisions relating to Archiepiscopal Vacancies:
(i) Where the Commission is to consider the vacancy of the Archbishopric of Canterbury the person to preside at meetings of the Commission shall be an actual communicant lay member of the Church of England appointed by the Prime Minister after consulting such persons or bodies as he thinks fit and such person shall be a voting member of the Commission.
(ii) Where the Commission is to consider the vacancy of the Archbishopric of York the Appointments Committee after consultation with the Archbishop of Canterbury shall appoint an actual communicant lay member of the Church of England to preside at meetings and such person shall be a voting member of the Commission.
(iii) The Archbishop who has tendered his resignation shall not attend meetings of the Commission when either archiepiscopal vacancy is to be considered. The House of Bishops shall elect a person in episcopal orders to be a member of the Commission during the consideration of that vacancy provided always that if the continuing Archbishop chooses not to attend the Commission during that period the House of Bishops shall elect a second person in episcopal orders to be a member of the Commission.
(iv) Where the Commission is to consider the vacancy of the Archbishopric of Canterbury one of the members of the Primates Meeting of the Anglican Communion elected by the Joint Standing Committee of the Primates Meeting of the Anglican Communion and the Anglican Consultative Council shall be a voting member of the Commission and the Secretary General of the Anglican Communion shall be invited to serve as a non-voting member of the Commission.
(v) Where a lay member appointed to preside over meetings to consider the vacancy of either Archbishopric under sub-paragraph (i) or (ii) above has not previously served as a member of the Commission that person shall be invited to attend, as an observer, meetings of the Commission to consider another episcopal vacancy held before the meetings over which that person has been appointed to preside.
(d) Functions:
The Commission shall:
(i) consider vacancies in diocesan bishoprics and candidates for appointments thereto;
(ii) agree upon two names for submission on the Commission’s behalf to the Prime Minister, by the appropriate Archbishop or, in the case of the Archbishopric of Canterbury, by the duly appointed Chairman, such names to be given in the order decided by the Commission;
(iii) report to the Synod from time to time as the Commission deems expedient on matters of general concern within its area of responsibility and the procedure prescribed by SO 95 shall apply thereto.
(e) Duration of Membership:
(i) Subject to paragraphs (e)(ii) to (iv) below, an elected member of the Commission whenever elected (otherwise than to fill a casual vacancy) shall hold office for a fixed term of five years and a member elected to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the member whom he has replaced.
(ii) A member elected by the House of Clergy or the House of Laity shall be eligible for re-election but no such member shall serve for more than two consecutive five-year terms or (if elected to fill a casual vacancy) part thereof, provided that a person who has ceased to be eligible may again be nominated for election after an interval of five years. Nothing in this sub-paragraph shall prevent a person who is ineligible for election as a member of the House of Clergy or the House of Laity elected under paragraph (a)(i) of this Standing Order from serving as a diocesan member of the Commission or being nominated as a deputy under paragraph (e)(v) hereof.
(iii) A vacancy shall be caused by the removal of a member elected by the House of Clergy or by the House of Laity from one House to another or by any such member ceasing by resignation or otherwise to be a member of the General Synod, subject to Article 3(4) of the Constitution. Any such vacancy shall be filled in accordance with the provisions of SO 120 (c).
(iv) Subject to paragraph (e)(iii) of this Standing Order members elected by the Houses of Clergy and Laity shall continue to act as members of the Commission instead of the new members, notwithstanding the expiry of their term of office, for the purpose of completing the consideration of any vacancy on which the Commission shall have begun work.
(v) Where a member elected by the House of Clergy or the House of Laity is unable to be present for the consideration of a particular vacancy the Chairman of the House concerned shall nominate a member of the same House as deputy for that member at meetings of the Commission for the consideration of the particular vacancy. Where any member fails throughout a period of six consecutive months from his last attendance to attend any meetings of the Commission, he shall be deemed to have offered his resignation to the Chairman of his House who may if he sees fit accept it and order a by-election.
(vi) The members elected by the Vacancy in See Committee shall hold office as members of the Commission until such time as an appointment is announced to the vacant see of their diocese and shall attend only such meetings of the Commission as in the opinion of the person presiding at the meeting are concerned with that vacancy.
(f) Business and Procedure:
(i) For the purposes of these Standing Orders the Commission shall not be a body referred to in SO 119(a) and subject to paragraphs (ii) to (vi) below the Commission shall have power to regulate its own business and procedure.
(ii) The Archbishops’ Secretary for Appointments shall be Secretary of the Commission.
(iii) The Secretary of the Commission shall communicate to the Secretary General all details of its business and procedure under paragraph (f)(i) of this Standing Order and notices of all meetings.
(iv) The Secretary of the Commission shall convene meetings subject to such directions as the Commission may give.
(v) The Commission shall not proceed to a decision to select a name for submission to the Prime Minister unless the person presiding at the meeting is satisfied that the discussions held by the Commission have paid due regard to the views of the diocesan members and to the requirements of the mission of the Church of England as a whole. No name shall be submitted to the Prime Minister unless it has received the support of at least two-thirds of the total number of the voting members of the Commission (without discrimination in respect of Orders) in a secret ballot. Members shall be invited to indicate a preference between the two names selected by a vote conducted by a secret ballot and the Prime Minister shall be informed of the number of members supporting each candidate.
(vi) SO 123(c) and 123A(b)(v) shall not have effect in respect of the Commission.
Since the fourth century at least, there has been an interplay in the choosing of diocesan bishops between the local church and the province. Selection of the bishop by the diocese has been the exception, but the need for consent expressed on its behalf (together with confirmation by the metropolitan on behalf of the province and the wider Church) has been a fundamental principle. For more than a thousand years, this consent has been expressed formally in the Church of England in the election ‘made and celebrated’ by the Chapter of the Cathedral Church.
Since Saxon times, English diocesan bishops have generally been nominated by the Crown. In 1214 King John issued a charter which codified the system. The King, as founder and patron of diocesan sees, would grant the Chapter a congé d’élire (permission to elect), accompanied by a separate letter nominating or presenting a candidate. After the election he would inform the Archbishop of his assent and request him, as metropolitan, to confirm the election. This process is still followed today. (The procedures were enshrined in statute – rather than invented – in 1534.)
It is an important principle that although the Crown nominates, it is not appointment by the Crown but acts of the Church – election on behalf of the diocese and confirmation of that election on behalf of the province and the wider Church – which make the person concerned bishop of the diocese. (This may be compared with a priest being presented or nominated to a living by a patron, but being made the incumbent by the bishop at the institution.) Under the Cathedrals Measure 1999 the role of the Chapter has been inherited by the College of Canons, which generally includes laypeople.
In 1976 it was agreed that the Crown would nominate to diocesan sees only candidates proposed by a church committee, the Crown Nominations Commission. Its voting members are, normally, the two archbishops, six members elected by the Houses of Clergy and Laity of the General Synod and six members elected by the diocesan Vacancy-in-See Committee. This composition reflects the ancient interplay between the diocese and wider Church in the choice of bishops, the bishop being not just bishop of his diocese but also a member of the provincial or national college of bishops and a bishop in the Church of God.
The traditional (and statutory) name for the act whereby the consent of the diocese is expressed is ‘election’. Only rarely has this involved ‘free election’ or a choice between alternatives; by the eleventh century (when the election of bishops was much discussed), electio was a procedure for giving legal validity to a decision which had usually already been taken. ‘Election’ is a biblical term, referring to the divine choice or calling – which may be discerned through human processes and human institutions – and thus remains an appropriate term for this solemn expression of consent.
Under the Appointment of Bishops Act 1534, individual members of the College of Canons are not obliged to vote for the Crown’s nominee. The College is under a corporate duty to elect him, but the penalties which formerly applied if it did not do so were abolished in 1967. If the Crown’s nominee is not elected, the Crown may proceed to appoint him by Letters Patent, if he is willing to be so appointed.
The nomination of a diocesan bishop flows from a process of discernment conducted in the context of prayer for the guidance of the Holy Spirit. This process involves:
In electing the person nominated, the College of Canons expresses the consent of the diocese to the outcome of this process of discernment.
It has been a fundamental principle since the fourth century at least that confirmation of an episcopal election by the metropolitan on behalf of the province and the wider Church is necessary, and this principle is enshrined in Canon 4 of the Council of Nicaea.
Today the election is usually confirmed – on the Archbishop’s behalf and in his presence – by the Vicar General at a provincial ceremony in London or York, in which representatives of the Chapter participate. The election of an archbishop is confirmed by a commission consisting of the senior bishops of the Province and the Archbishop of the other Province. In each case the ceremony is preceded by an act of worship.
At the end of the ceremony, the Archbishop gives the new bishop his Mission –
the mandate or authority to continue the mission entrusted to the Church
in a particular place and at a particular time. This statement draws on the
Crown Nominations Commission’s discussion of the tasks facing the new bishop,
both in the diocese and more widely within the
House of Bishops, which in turn will have been informed by the statement
of the needs of the diocese agreed by the diocesan Vacancy in See Committee
and also on the Archbishops’ statement of the requirements of the mission
of Church of England as a whole.
The proceedings conclude with the Archbishop delivering the mandate for the enthronement of the new bishop to the person charged with enthroning him. In the Northern Province this is the dean of the cathedral, in the Southern Province the Archdeacon of Canterbury. These different traditions serve to express the local and provincial elements respectively in the role and choosing of bishops.