Diocesan Constitution & Regulations

PREFATORY DECLARATION

We, the Bishops, Clergy, and Lay Representatives of the Church in the Diocese of The Bahamas and The Turks & Caicos Islands, being a constituent part of the Church in the Province of the West Indies and being convened in the City of Nassau for the 104th Session of the Synod of the said Diocese in the year of Our Lord 2004, consent to declare and establish as follows:

1. We receive and maintain the faith of Our Lord Jesus Christ as taught in the Holy Scriptures, held in the Primitive Church, summed up in the Creeds, and affirmed by the undisputed General Councils.

2. We receive and maintain the Faith, Doctrine, Sacraments, and Discipline of the One Holy Catholic and Apostolic Church according as the Church of England has received the same.

3. We receive the Book of Common Prayer of the CPWI and the Ordering of Bishops, Priests, and Deacons as agreeable to the Word of God.

4. We disclaim for ourselves the right of altering any of the aforesaid Standards of Faith and Doctrine.

5. We acknowledge and accept the authority of the Provincial Synod of the Church in the Province of the West Indies in all things lawful and consent to be bound by the Canons and Regulations of the said Provincial Synod when and in so far as they have been promulgated, and the Diocese formally notified.

6. We desire that the communion of this Church with the See of Canterbury be by all means preserved and strengthened.

7. It is the duty of all members of the Church in the Diocese to follow Christ, to deepen their relationship with Him by coming together week by week for corporate worship, to work, witness, pray, and contribute regularly of their talent and money in proportion to their means to the maintenance and extension of the work of the Church, and to fulfill the conditions of membership as laid down by Provincial Canons or Diocesan Regulations.

8. It is the duty of all persons claiming membership in the Church in this Diocese to submit to all rules and regulations of Church order and discipline passed or to be passed and declared by the Synod of the said Diocese.

CONSTITUTION

Article 1 - Relating to the Diocese

1. The Diocese shall be divided into Archdeaconries as set out in Schedule A of the Regulations.

2. The Archdeaconries shall, for purposes of administration, be divided into Parishes, each of which shall be administered by an Incumbent assisted by a Vestry chosen in accordance with the Regulations of the Diocese. The Parishes of the Diocese shall be those set out in Schedule B of the Regulations.

3. Every multi-congregational Parish shall have a Parish church, which shall be the principal church of that Parish.

4. The Bishop-in-Council may, of its own motion or on petition by the Vestry of a Parish:

   • Alter the boundaries of a Parish by uniting into one Parish any two or more Parishes or dividing any existing Parish into two or more Parishes.
   • Raise the status of a non-self-supporting Parish to that of a self-supporting Parish.

Article 2 - Relating to the Diocesan Synod

1. There shall be a Synod for the Church in the Diocese called the Diocesan Synod.

2. The Diocesan Synod shall be the legislative body of the Church in this Diocese and shall have power, subject to paragraph 3 hereof, to amend or repeal this Constitution or any part thereof, to make Regulations for giving effect to the provisions of the Constitution, and to amend or repeal all such Regulations.

3. Where any inconsistency exists between the provisions of any enactment of the Synod and any provisions on the same subject in the Provincial Canons, then the Provincial Canons shall, to the extent of the inconsistency, prevail.

4. If any question shall arise as to the interpretation of this Constitution or of the Regulations made under the Constitution or of any part of them, such question shall be determined by the Bishop after consultation with the Chancellor, and the decision of the Bishop shall be final and binding.

5. The Synod shall comprise three Houses:

   • The House of Bishops: The Bishop of the Diocese (hereinafter referred to as "the Bishop").
   • The House of Clergy: Comprised of the Coadjutor Bishop, the Suffragan Bishop(s), the Assistant Bishop(s), and all other Clerks in Holy Orders holding the Bishop's license, including any officer of the Diocese who is a member of the clergy.
   • The House of Laity: Comprised of:
     • The following Officers of the Diocese if they are not members of the clergy: the Chancellor, the Vice-Chancellor, the Registrar, the Financial Comptroller, the Director of Education, the Youth Officer, and the Diocesan Secretary.
     • Two lay representatives from the Vestry of every Parish in the Diocese.

6. Where any Parish fails, except for good cause, to pay its annual diocesan assessments and is in arrears for a period of two consecutive years, it shall forfeit the right to vote at any meeting of the Synod until it has made good its indebtedness.

7. The Presidents of the Anglican Church Men Council and the Anglican Church Women Council, a representative of the Diocesan Youth Department, and such other Diocesan Organizations as the Bishop shall determine from time to time, as well as any members of the Diocesan Council if not otherwise elected by a Parish as a Lay Representative.

8. The Diocesan Secretary shall be ex-officio Secretary of the Synod.

Article 3 - Relating to the Diocesan Council

1. There shall be a Standing Committee of Synod called the Diocesan Council.

2. The Diocesan Council shall generally exercise the executive powers of Synod between Sessions of the same, subject to any limitations imposed by the Synod.

3. The Council shall consist of:

   • The Bishop as Chairman;
   • Ex-officio members comprising the Suffragan/Coadjutor/Assistant Bishop(s), Vicar General, Dean, Chancellor, Vice Chancellor, Diocesan Financial Comptroller, Diocesan Secretary, Diocesan Registrar, Diocesan Youth Officer, the Director of Education, the Chairperson of the Property Committee, and the delegates to Provincial Synod;
   • One representative from each of the three (3) Diocesan Organizations: Anglican Church Men, Anglican Church Women, and the Diocesan Youth Council;
   • The Archdeacons;
   • One member of the clergy and two laypersons nominated from each of the Archdeaconries;
   • Two nominees (one Clergy and one layperson) resident in The Turks and Caicos Islands;
   • Other persons co-opted by the Bishop for their specialized knowledge and expertise, without voting rights.

4. The Diocesan Council may make Rules for the purpose of giving effect to the Regulations or any of them, and such Rules shall have the same force and effect as the Regulations after due publication throughout the Diocese, but shall cease to have effect unless confirmed and ratified at the ordinary meeting of Synod next following their enactment.

Article 4 - Relating to the Diocesan Court for the Trial of Priests and Deacons

1. There shall be a Diocesan Court for the trial of members of the clergy against whom any charge under Section 1 of Canon 21 of the Provincial Canons has been brought.

2. The Court shall be constituted in accordance with Canon 24(4) to (6) and governed by the Rules of procedure laid down for Ecclesiastical Courts in Canons 23 and 24.

3. A member of the clergy found guilty of an offense by the Diocesan Court shall be liable to the penalties laid down by Canon 25 in respect of the offenses for which they may be charged under Canon 21.

4. A case tried in the Diocesan Court may be reviewed or reheard on the direction of the Bishop in accordance with Canon 24 (17), and an appeal shall lie from the Diocesan Court to the Provincial Court of Appeal.

Article 5 - Relating to the Coming into Operation of the Constitution and Regulations 2004 and Repeal of the Regulations 1992

1. The Prefatory Declaration, Constitution, and Regulations of the Church in the Diocese of The Bahamas and The Turks and Caicos Islands shall come into force on the day on which the assent of the Bishop is signified.

2. The Regulations of the Church in the Diocese of Nassau and The Bahamas 1992, as amended, are hereby repealed.

REGULATIONS

Regulation 1 - Of Interpretation

1. In these Regulations, unless the context otherwise requires:

   • "The Archbishop" means the Archbishop of the Church in the Province of the West Indies.
   • "Assistant Curate" means a member of the clergy who is serving as an assistant.
   • "Annual Meeting" means the meeting in every year of the electors in each parish for the election of churchwardens, a Vestry, and lay representatives.
   • "Assistant Bishop" means someone in Episcopal Orders appointed by the Bishop with the approval of the Diocesan Council, whose tenure of office shall be at the Bishop’s pleasure.
   • "The Bishop" means the Bishop of the Diocese of The Bahamas and The Turks and Caicos Islands.
   • "Bishop Coadjutor" means someone in Clerical or Episcopal Orders elected in an Elective Assembly who shall, on the death or resignation of the Bishop of the Diocese, succeed as Bishop without further election or confirmation.
   • "Bishop(s) Suffragan" means someone in Clerical or Episcopal Orders elected in an Elective Assembly. The style, title, and residence of each Suffragan Bishop shall be determined by the Bishop after consultation with the Diocesan Council.
   • "The Bishop-in-Council" means the Bishop acting after consultation with the Diocesan Council.
   • "Canon Missioner" means the Director of Missions.
   • "Canon to the Ordinary" means the Bishop's Chaplain or Administrative Assistant.
   • "Catechist" means a chief Lay Reader.
   • "Chalice Bearer" means a communicant member authorized by the Bishop to assist in the administration of the Cup.
   • "The Chancellor" means the Chancellor of the Diocese appointed by the Bishop.
   • • "The Vice-Chancellor" means the person appointed by the Bishop to assist the Chancellor and who shall act in the Chancellor’s stead during the Chancellor’s absence.
     • "Member of the Clergy" means a Clerk in Holy Orders licensed by the Bishop.
     • "Communicant Member of the Church" means any baptized and confirmed person who, having had opportunity to do so, has received Holy Communion from a member of the clergy of the Church in the Province or a Church in communion with the said Province at least twelve times in the previous year (of which Eastertide was one) and contributes regularly to the support of the Church unless excused under Regulation 36.
     • "The Council", "The Secretary", "The Financial Comptroller", and "The Registrar" mean the Diocesan Council, The Secretary to the Synod, the Diocesan Financial Comptroller, and the Diocesan Registrar, respectively.
     • "Curate" means a member of the clergy who is an incumbent of a parish.
     • "Deacon" means a person appointed and admitted to the Order of Deacon in the Church.
     • "Diocese" means the Diocese of The Bahamas and The Turks and Caicos Islands.
     • "Elector" means a person who (a) has attained the age of eighteen years, (b) is a communicant member of the Church, and (c) contributes regularly to the support of the Church unless excused under Regulation 36.
     • "House of Bishops" (except as defined in Article 2(5)(a)) means the Archbishop and Bishops of the Province of the West Indies.
     • "Incorporated Trustees (The Trustees) of The Church of England in The Bahamas" means the Diocesan Council.
     • "Incumbent" means a rector or priest-in-charge.
     • "Lay Reader" means any communicant licensed in writing by the Bishop to assist a member of the clergy in the performance of such duties as directed by the same.
     • "Lay Representative" means a person elected at the annual parochial election in accordance with the provisions of the Regulations.
     • "Multi-congregational Parish" means a parish that has a parish church and at least one other church within its parochial boundaries.
     • "Parish" means an area constituted as such in accordance with the Regulations and having the right of lay representation at the Synod, being either self-supporting or non-self-supporting.
     • "Self-Supporting Parish" means a parish that pays all its financial commitments and its assessments, if any, to the Diocese.
     • "Non Self-Supporting Parish" means a parish that is not self-supporting.
     • "Parochial Endowment Fund" means any fund or property movable or immovable heretofore or hereafter given or bequeathed to the end that the income arising therefrom shall be used for the general expenses or for the maintenance of the clergy of any particular parish or church.
     • "President" means the President of the Synod.
     • "Priest-in-Charge" means a member of the clergy appointed to a parish that is not designated as self-supporting.
     • "Province" means the Province of the West Indies and "Provincial" shall be construed accordingly.
     • "Provincial Synod" means an assembly of Bishops, Clergy, and Lay Representatives of the Church in the Province of the West Indies constituted and convened.
     • "Rector" means a member of the clergy appointed to a self-supporting parish by the Bishop after consultation with the Vestry of such a parish.
     • "Special Endowment Fund" means any fund or property movable or immovable heretofore or hereafter given or bequeathed for any church purposes other than a diocesan endowment fund or a parochial endowment fund.
     • "Synod" means an assembly consisting of the Bishop or Bishops, Clergy, and members of the Laity of the Diocese of The Bahamas and The Turks and Caicos Islands and constituted according to the Rules and Regulations of the Diocese.
     • "The Vestry" means that body of persons of a parish elected and appointed according to the provisions of Regulation 37 of these Regulations.
     • "The Vicar General" means a member of the clergy who, in the absence of the Diocesan Bishop, the Bishop Coadjutor, or the Suffragan Bishop, is in charge of the Diocese.

     2. Where in these Regulations a person is authorized to act after consultation with another person or a Council or Committee, they shall not exercise their authority until they have consulted with that person or Council or Committee, but they shall not be required to exercise that authority in accordance with the advice tendered.

     3. Where in these Regulations a person is authorized to act with the advice, concurrence, or approval of another person or Council or Committee, they shall not act without first obtaining such advice, concurrence, or approval, and they shall be obliged to act in accordance with the advice or concurrence or approval given by that person or by the majority of members present and voting at a duly convened meeting of the Council or Committee.

Regulation 2 - Of Publication

1. Every Incumbent shall cause a copy of the Constitution and Regulations of the Diocese and of every Rule made under the said Regulations to be placed in every Church in the Parish so as to be accessible to the members of the Parish.

Regulation 3 - Of the Bishop

1. (1) Whenever a vacancy in the See has been formally signified by the Archbishop to the person for the time being administering the diocese, that person shall within fourteen days summon the Council, who shall forthwith call an Assembly of the persons who are members of the Synod (hereafter called "the Elective Assembly") for the purpose of providing a Bishop for the See.

   (2) The Council shall give not less than twenty-one days’ notice of the time, place, and purpose of the Elective Assembly.

2. On the appointed day, the Litany shall be said or sung, and the Holy Eucharist celebrated, and the Elective Assembly shall proceed to choose a Bishop either by direct election or by delegation of choice to a Selection Committee.

Regulation 3 - Of the Bishop (continued)

3. (1) If the Elective Assembly decides to elect a Bishop, the President shall forthwith call for nominations. A person shall not be eligible for nomination unless he is a Bishop or Priest of not less than thirty years of age, of the Province of the West Indies or a Church in communion with the Province. No nomination shall be received by the Secretary unless the same is signed by two members of the Elective Assembly, of whom one must be a clerk in Holy Orders and the other a lay representative.

4. When all nominations have been received, the Elective Assembly shall proceed to election in the following manner:

   • The President shall nominate two members of the clergy and two members of the laity as tellers.
   • The clergy and lay representatives present shall vote by voting papers, each voting for one person only of those who have been duly nominated.
   • The voting papers shall be collected and examined by the tellers, and the result openly declared by the President.
   • If any one person has obtained not less than two-thirds of the votes of the members of each order present and voting, that person shall thereupon be declared elected. If no person has received that proportion of votes, the name of the person who has received the least number of votes shall be withdrawn, and voting shall be repeated until one candidate remains.

5. If, when all names save that of one person have been withdrawn, that person shall not obtain the requisite proportion of votes after three ballots, the Elective Assembly shall meet again within 60 days and repeat the process beginning with the call for nominations. If the Elective Assembly shall fail to elect a Bishop after three ballots, the process shall devolve to the House of Bishops of the Province.

6. If no person is duly nominated, the process for the selection of a Bishop shall devolve to the Bishops of the Province.

7. When a Bishop has been elected, the election shall be reported to the Archbishop by the President of the Elective Assembly for confirmation by a majority of the Bishops of the Province. If the election is not confirmed, the Elective Assembly may proceed to another election or delegate the selection of a Bishop to a Selection Committee.

8. Where the Elective Assembly decides to delegate the choice of a Bishop to a Selection Committee, the Committee shall be comprised of one lay and one clergy member from each Archdeaconry duly elected by each Archdeaconry and the Chancellor. The Committee shall elect a Chairman.

9. When a Bishop has been selected, the selection shall be reported to the Archbishop for confirmation by the Bishops of the Province.

10. If the third Elective Assembly fails to elect a Bishop, the selection shall devolve to the Bishops of the Province, whose decision shall be final.

11. A Bishop shall be deemed to become a Bishop of a Diocese on the day of his Consecration for the Diocese or, if already consecrated, on the date of the issue of the notification of his confirmation as Bishop of the Diocese.

12. If the Bishop proposes to resign, he shall notify the Archbishop or Senior Bishop of his intention, and the Archbishop shall make arrangements for the administration of the Diocese during the vacancy.

13. If the Bishop is incapacitated or dies, the Coadjutor Bishop, Suffragan Bishop, or Vicar General shall notify the Archbishop, who will oversee administration during the vacancy.

Regulation 4 - Of Coadjutor, Suffragan, and Assistant Bishops

1. When it appears desirable for the Bishop to have Episcopal assistance, the Synod may request the election of a Coadjutor or one or more Suffragan Bishops. The request must be presented to the other Bishops of the Province through the Archbishop.

2. The election of a Coadjutor or Suffragan Bishop shall proceed in an Elective Assembly. The election of a Coadjutor Bishop shall follow the same process as that of a Diocesan Bishop.

3. The election of a Suffragan Bishop shall be on the nomination of the Diocesan Bishop.

4. A Coadjutor or Suffragan Bishop shall be confirmed by the Bishops of the Province, and if not already in Episcopal Orders, shall be consecrated.

5. A Coadjutor or Suffragan Bishop shall perform such Diocesan duties and exercise such Episcopal authority as assigned by the Bishop of the Diocese.

6. In the event of a vacancy in the See, the Coadjutor Bishop or senior Suffragan Bishop shall administer the Diocese.

7. A Coadjutor or Suffragan Bishop shall have membership in the Provincial Synod as a member of the House of Bishops.

8. A Suffragan Bishop may hold the rectorship of a Church, provided the Church also has the services of a Priest or Assistant Curate.

9. The Bishop may appoint an Assistant Bishop with the approval of the Diocesan Council.

Regulation 5 - Of the Vicar General

1. The Bishop may, from time to time and shall during his absence from the Diocese, appoint a Vicar General who shall have and exercise such power and authority as shall be committed to him/her by the Bishop. The Vicar General shall hold office at the Bishop's pleasure.

2. If the Vicar General resigns, dies, or is unable to perform the duties of the office during the Bishop's absence, the Council shall meet within seven (7) days and make provisions for the administration of the Diocese until the Bishop makes further provision.

Regulation 6 - Of the Administrator of the Diocese

1. Whenever the See is vacant, the office of Administrator of the Diocese shall devolve upon:

   • The Suffragan Bishop (if the post is vacant, or if the Suffragan Bishop is unable to act).
   • The person last holding the office of Vicar General (if that person is unable to act).
   • One of the following, in the order given:
     • One of the Archdeacons in order of seniority.
     • The Dean of the Cathedral.
     • One of the Canons in order of seniority.

2. The Administrator of the Diocese shall administer the Diocese until the new Bishop is enthroned.

3. The Administrator shall exercise all such powers and authorities as are vested in the Bishop by these Regulations, except the appointment of a Vicar General and the making of permanent appointments to any office within the Diocese.

Regulation 7 - Of Archdeacons

1. The Bishop shall appoint an Archdeacon to each Archdeaconry. Each Archdeacon shall serve as Chairman of the Archdeaconal Council and will have specific responsibilities as set out in these Regulations.

2. Each Archdeacon shall reside in his/her Archdeaconry unless permitted otherwise by the Bishop.

3. The duties of the Archdeacon include:

   • Conducting official visits to each Parish in the Archdeaconry at least once per year.
   • Inspecting the registers, minute books, ledgers, account books, and property of each Church and Parish.
   • Examining the fabrics of the churches, schools, rectories, parsonages, and burial grounds.
   • Assisting the Bishop in pastoral care and ensuring ecclesiastical duties are diligently performed within the Archdeaconry.

4. The position of an Archdeacon may be an honorary one, held by a Parish Priest with entitlements and allowances determined by the Bishop-in-Council.

Regulation 8 - Of Archdiaconal Councils

1. Each Archdiaconal Council shall comprise:

   • The Archdeacon.
   • Three (3) lay members (two Synod Representatives and the Treasurer from the local Vestry of each Parish in the Archdeaconry).
   • The Rector and Assistant Curate (if any) of each Parish.

2. The Archdiaconal Council is responsible for:

   • Encouraging collegiality among clergy and laity.
   • Implementing Diocesan plans and encouraging Mission and Ministry in each Parish.
   • Facilitating communication between the Archdeaconry and Vestries to ensure total involvement and maximize the gifts available in the Archdeaconry.

3. Each Archdiaconal Council should meet at least twice per year.

4. All clergy licensed by the Bishop in each Archdeaconry shall comprise an Archdeaconal Chapter, which shall also meet twice per year to discuss theology, ministry, and matters of concern to the Church.

Regulation 9 - Of the Cathedral Chapter

1. The Bishop may, by mandate, appoint a Dean, Sub-Dean, and Chapter of the Cathedral Church of Christ. The Chapter shall consist of at least six Canons together with the Archdeacons as ex-officio members.

2. The Dean is responsible for summoning the Chapter to meet, and the Chapter advises the Bishop on matters of Church governance and rules for its members.

Regulation 10 - Of Ordination to the Sacred Ministry

1. Every person desiring to enter the ordained Ministry of The Church of God shall undergo a process of selection and training as determined by the Commission on Ministry.

2. No person under the age of 23 years shall be ordained a Deacon unless excused by faculty from the Archbishop.

3. Candidates for Ordination shall be trained at an accredited or recognized Theological College or under the supervision of a Priest selected by the Bishop.

4. Candidates must provide letters of testimonial for their good life and conversation, and give proof of age, Baptism, and Confirmation before Ordination.

5. Deacons must minister under the direction of their Incumbent or Priest unless otherwise directed by the Bishop.

Regulation 11 - Of the Licensing of Clergy and of Letters Commendatory

1. No member of the clergy shall officiate in any Church within the Diocese unless personally licensed or authorized by the Bishop.

2. Clergy must produce Letters of Orders and Letters Commendatory from the Bishop of the Diocese where they last held office.