[F1[F244](1)There shall be a right of appeal with regard to—E
(a)the allowance or disallowance of any vote given or tendered in an election of a churchwarden or in an election under these rules or to a body constituted under or in accordance with these rules;
(b)the result of any election of a churchwarden or of any election or choice held or made or purporting to be held or made under these rules, or any election or choice of members of a body constituted under or in accordance with these rules.
(2)The following persons shall have a right of appeal under this rule—
(a)an elector in the said election;
(b)a candidate in the said election; or
(c)the chairman of the House of Laity or of the House of Clergy of the diocesan synod or, in an election to the House of Laity of the General Synod, the chairman and vice-chairman of that House of Laity F3. . . [F4as specified in paragraph (5) of this rule.].
(3)The provisions of this rule (except paragraph [F5(6) of this rule]), insofar as they confer a right of appeal by any person referred to in paragraph (2) above against the result of an election and provide for notice of an appeal and the determination thereof, shall apply in relation to an election to the House of Laity of the General Synod by the diocesan electors of the diocese in Europe.
(4)[F6Subject to paragraph (6) of this rule]in the case of an appeal arising out of an election to the House of Laity of the General Synod or the diocesan synod notice of the appeal shall be given in writing to the chairman of the House of Laity of the diocesan synod. In any other case concerning the laity, notice of the appeal shall be given in writing to the lay chairman of the deanery synod. Notices under this paragraph shall be given:
(a)in the case of an appeal against the allowance or disallowance of a vote, not later than fourteen days after such allowance or disallowance;
(b)in the case of an appeal against the result of an election or choice, not later than fourteen days after [F7the day on which the result is declared] by the presiding officer.
[F8(5)The Chairman and Vice-Chairman of the House of Laity of the General Synod shall each have a right of appeal under this rule in accordance with paragraph (1) of this rule in respect of any election to the House of Laity of the General Synod in either of the Provinces of Canterbury and York and he shall give notice in writing of such appeal to the presiding officer concerned not later than three months after the result of the election has been declared by the said presiding officer. Provided that if the office of Chairman or Vice-Chairman is vacant when the result of the election is published the person who last held office shall be deemed to hold that office for the purposes of this rule.]
[F9(6)]An error in the electoral roll or the registers of clerical or lay electors shall not be a ground of appeal against the result of any election unless—
(a)either it has been determined under this rule that there has been such an error or the question is awaiting determination under rule [F1043]; and
(b)the error would or might be material to the result of the election;
and the allowance or disallowance of a vote shall not be a ground of appeal against the result of an election unless the allowance or disallowance would or might be material to the result of the election.
[F9(7)]An error in the electoral roll of a chaplaincy or in the register of lay electors in the diocese in Europe shall not be a ground of appeal against the result of an election to the House of Laity of the General Synod by the diocesan electors of that diocese unless—
(a)either it has been determined under the rule which applies in that diocese and corresponds with rule [F1143] that there has been such an error or the question is awaiting determination under that rule; and
(b)the error would or might be material to the result of that election;
and the allowance or disallowance of a vote shall not be a ground of appeal against the result of such an election unless the allowance or disallowance would or might be material to the result of the election.
[F12(8)An appeal arising out of an election or choice of members of the House of Laity of the General Synod shall, within the period of fourteen days of the appeal being lodged, be referred to the Chairman and Vice-Chairman of that House unless, within that period, the appellant withdraws the appeal in writing. Subject to paragraph (9) of this rule, the Chairman and Vice-Chairman acting jointly shall appoint three persons (one of whom shall be a qualified lawyer) from an appeal panel consisting of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury, the Vicar General of the Province of York and twelve members of the House of Laity of the General Synod nominated by the Appointments Committee of the Church of England to consider and decide the appeal.
(9)(a)Where the Chairman or Vice-Chairman of the House of Laity has given notice of appeal under paragraph (5) above, or where he comes from the diocese to which the appeal relates he shall take no part in the appointing of the three persons to hear the appeal and he shall not be appointed to hear the appeal.E
(b)Where a member of the appeal panel comes from the diocese to which the appeal relates, or might otherwise have a benefit from the outcome of the election, he shall not be appointed to hear the appeal.]
[F9(10)]In any appeal arising under this rule except an appeal arising out of an election to the House of Laity of the General Synod, the Chairman of the House of Laity of the diocesan synod or the lay chairman of the deanery synod, as the case may be, shall refer any appeal to the bishop’s council and standing committee of the diocese [F13who shall appoint three or a greater number, being an odd number, of their lay members to consider and decide the appeal.].
[F9(11)]In any appeal arising under this rule to the House of Clergy of the diocesan synod the Chairman of the House of Clergy of the said synod shall refer any appeal to the bishop’s council and standing committee of the diocese who shall appoint three or a greater number, being an odd number, of their clerical members to consider and decide the appeal.]
[F14(12)Where an appeal is pending under this rule in respect of an election to any synod any person who was declared elected in accordance with rule 33 but whose election is or may be affected by the appeal shall for all purposes be deemed to be a member of that Synod until the appeal is heard and disposed of.]
Textual Amendments
F1Sch. 3 rules 36–36B substituted for rule 36 by S.I. 1989/2094, para. 12
F2Sch. 3 rule 44 (originally 36A) renumbered (1.1.1995) by S.I. 1994/3118, para. 41.
F3Words in Sch. 3 rule 44 para. (2)(c) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 41.
F4Words in Sch. 3 rule 44 para. (2)(c) inserted (1.1.1995) by S.I. 1994/3118, para. 41.
F5Words in Sch. 3 rule 44(3) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F6Words in Sch. 3 rule 44 para. (4) inserted (1.1.1995) by S.I. 1994/3118, para. 42.
F7Words in Sch. 3 rule 44(4)(b) substituted (1.1.2000) by virtue of The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 15(a), 24(3)
F8Sch. 3 rule 44 para. (5)inserted (1.1.1995) by S.I. 1994/3118, para. 43.
F9Sch. 3 rule 44 paras. (6)-(11) (originally (5)-(10)) renumbered (1.1.1995) by S.I. 1994/3118, para. 43.
F10Figure in Sch. 3 rule 44(6) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F11Figure in Sch. 3 rule 44(7) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F12Sch. 3 rule 44(8)(9) substituted (1.1.2000) by virtue of The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 15(b), 24(3)
F13Words in Sch. 3 rule 44 para. (10) inserted (1.1.1995) by S.I. 1994/3118, para. 45.
F14Sch. 3 rule 44 para. (12) inserted (1.1.1995) by S.I. 1994/3118, para. 46.