Synodical Government Measure 1969

Vacation of Seat by Member ceasing to be Qualified for Election E

[F1 46] [F2 (1)] Where— E

(a) any lay member of a deanery synod, being a parochial representative or a representative under rule [F3 27], ceases to be entered on the roll of the parish by which he was elected or, as the case may be, to be declared under the said rule to be a habitual worshipper at the cathedral church;

(b) any member of a diocesan synod elected by the house of clergy of a deanery synod ceases to be qualified for election by that house;

(c) any lay member of a diocesan synod elected by the house of laity of a deanery synod ceases to have the qualification of entry on the roll of any parish in that deanery or (in appropriate cases) of being declared a habitual worshipper at the cathedral church of the diocese under rule [F3 27];

(d) any elected member of the House of Laity of the General Synod ceases to have the qualification of entry on the roll of any parish in the diocese for which he was elected or of being declared a habitual worshipper as aforesaid;

[F4 (e) any elected member of the House of Laity of the General Synod takes any paid office or employment as provided by rule [F5 46A(c)];]

[F6 (f) any member of [F7 a deanery synod,] a diocesan synod or of the House of Laity of the General Synod has his election declared void in accordance with the provision of rule [F8 45]][F9 or becomes disqualified in accordance with the provisions of rule 46A(a) hereof,]

his seat shall [F10 subject to the following provisions of this rule] forthwith be vacated:

. . . F11

[F12 (2) If the name of a person to whom paragraph 1(a) of this rule applies is entered on the roll of any parish in the diocese other than that of the parish [F13 referred to in that paragraph] or if he is declared under rule [F13 27] to be a habitual worshipper at the cathedral church of the diocese, his seat shall not be vacated under this rule if, before the vacancy occurs, the parochial church council so resolve.

(3) If a person to whom paragraph (1)(b) of this rule applies continues to work or reside in the diocese, his seat shall not be vacated under this rule if, before the vacancy occurs, the clerical members of the standing committee of the deanery synod so resolve.

(4) If the name of a person to whom paragraph (1)(c) of this rule applies is entered on the roll of any parish in the diocese other than that of the parish [F14 referred to in that paragraph] or if he is declared under rule [F14 27] to be a habitual worshipper at the cathedral church of the diocese, his seat shall not be vacated under this rule if, before the vacancy occurs, the lay members of the standing committee of the deanery synod so resolve.]

[F15 (5) If [F16 the lay members of] the bishop’s council and standing committee has determined [F16 before the vacancy occurs] that a person to whom paragraph (1)(d) of this rule applies [F17 is able and willing to continue to discharge to their satisfaction the duties of a member of the House of Laity elected for that diocese,], [F18 neither his seat as a member of that House nor his seat as a lay member of the diocesan synod shall] be vacated under this rule.]

[F19 (6) This rule shall apply in relation to a member of the House of Laity of the General Synod elected for the diocese in Europe with the substitution for the words in paragraph (1)(d) from “roll” to “aforesaid” of the words “electoral roll of any chaplaincy in that diocese”].

Textual Amendments

F1 Sch. 3 rule 46 (originally 37) renumbered (1.1.1995) by S.I. 1994/3118, para. 47.

F2 “(1)” inserted by S.I. 1973/1865, para. 25(1).

F3 Words in Sch. 3 rule 37(1)(a)(c) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F4 Rule 37(1)(e) inserted by S.I. 1984/1039, para. 26(1).

F5 Word in Sch. 3 rule 46(1)(e) substituted (1.1.2000) by virtue of The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 17(a), 24(3)

F6 Sch. 3 rule 37(1)(f) inserted by S.I. 1989/2094, para. 13(1).

F7 Words in Sch. 3 rule 46(1)(f) inserted (1.1.2000) by The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 17(b), 24(3)

F8 Words in Sch. 3 rule 37(1)(f) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F9 Words in Sch. 3 rule 46(1)(f) inserted (1.1.2000) by The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 17(b), 24(3)

F10 Words inserted by S.I. 1973/1865, para. 25(2).

F11 Rule 37(1) proviso repealed by S.I. 1973/1865, para. 25(1).

F12 Rule 37(2)–(4) substituted for rule 37(2)(3) by S.I. 1984/1039, para. 26(2).

F13 Words in Sch. 3 rule 37(2) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F14 Words in Sch. 3 rule 37(4) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F15 Rule 37(5) (originally 37(4) substituted for proviso by S.I. 1973/185, para. 25(2)) renumbered by S.I. 1984/1039, para. 26(2).

F16 Words inserted by S.I. 1984/1039, para. 26(3).

F17 Words substituted by S.I. 1989/2094, para. 13(2).

F18 Words substituted by S.I. 1980/178, para. 15.

F19 Rule 37(5) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 5; renumbered 37(6) by S.I. 1984/1039, para. 26(2).

[F20 46A (a) A person shall be disqualified from being nominated, chosen or elected or from serving as a churchwarden, a member of a parochial church council, a district church council or any synod under these rules if he is disqualified from being a charity trustee under section 72(1) of the Charities Act 1993 and the disqualification is not for the time being subject to a general waiver by the Charity Commissioners under subsection (4) of that section or to a waiver by them under that subsection in respect of all ecclesiastical charities established for purposes relating to the parish concerned. E

In this paragraph “ecclesiastical charity" has the same meaning as that assigned to that expression in the Local Government Act 1894;

(b) A person shall also be disqualified from being nominated, chosen or elected or from serving as a churchwarden or member of a parochial church council if he has been so disqualified from holding office under section 10(6) of the Incumbents (Vacation of Benefices) Measure 1997;

(c) A person shall be disqualified from being nominated for election or from continuing to serve as a member of the General Synod if he holds or takes any paid office or employment appointment to which is or may be made or confirmed by the General Synod, the Convocations, the Archbishops’ Council, the Central Board of Finance, the Church Commissioners for England (except that such disqualification shall not apply to any Commissioner so appointed in receipt of a salary or other emoluments), the Church of England Pensions Board or the Corporation of the Church House.]

Textual Amendments

F20 Sch. 3 rule 46A inserted (1.1.2000) by The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 18, 24(3)