The Church Representation Rules (Amendment) Resolution 2014

Statutory Instruments

2014 No. 2113

Ecclesiastical Law

The Church Representation Rules (Amendment) Resolution 2014

Made

15th July 2014

Laid before Parliament

7th August 2014

Coming into force in accordance with paragraph 1

In exercise of the powers conferred by section 7(1) of the Synodical Government Measure 1969(1) the General Synod resolves to amend the Church Representation Rules(2) as follows.

In accordance with that section the General Synod has passed this Resolution with a majority in each House of not less than two-thirds of those present and voting.

Citation, interpretation and commencement

1.—(1) This Resolution may be cited as the Church Representation Rules (Amendment) Resolution 2014 and the Church Representation Rules (Amendment) Resolutions 1973 to 2009(3) and this Resolution may be cited together as the Church Representation Rules (Amendment) Resolutions 1973 to 2014.

(2) In this Resolution any reference to a rule or Appendix is a reference to the rule or Appendix bearing that number in the Church Representation Rules.

(3) Subject to sub-paragraph (4) below this Resolution shall come into force as follows—

(a) this paragraph and paragraphs 2 to 15 shall come into force on the same date as the coming into force of Amending Canon No. 32; and

(b) paragraphs 16 to 20 shall come into force on 1st January 2015.

(4) Nothing in this Resolution shall affect the composition of, or the filling of vacancies in the membership of, the House of Laity of the General Synod in existence at the date on which it comes into force.

Composition of the House of Laity

2.  In Rule 35(1)(d), for “the Forces Synodical Council” substitute “the Armed Forces Synod”.

Number of Elected Members

3.  In Rule 36(1) omit “the diocese in Europe which shall elect two members, and”.

4.  After Rule 36(2) insert—

“(3) The secretary of each diocesan synod shall, not later than the 1st August in the fourth year after the last preceding election of the House of Laity, certify to the Clerk to the General Synod the total number of names on the rolls of the parishes of the diocese.”

Conduct of Elections

5.  In Rule 39(3), after “diocesan electoral registration officer” insert “(which shall, in the case of each elector who has notified the diocesan electoral registration officer that he wishes to receive and send nomination papers and receive election addresses by electronic mail, include the electronic mail address which the elector has authorised for those purposes),”.

6.  In Rule 39(3)(i), after “nomination papers” insert “(which, in the case of a person who has authorised the use of an electronic mail address, shall be sent to that address)”.

7.  In Rule 39(3)(ii), after “register of electors” insert “or at some other address notified in writing to the presiding officer by the person concerned before the close of nominations”.

8.  In Rule 39(3), after “any other person who requests them” insert “(and, if the person making the request authorises the use of an electronic mail address, the papers shall be sent to that address)”.

9.  In Rule 39(4) for “is seeking re-election” substitute “has previously served as a member of the House of Laity”.

10.  In Rule 39(4), after “by post,” insert “as an attachment to electronic mail,”.

11.  In Rule 39(4), omit the words from “, provided that” to the end.

12.  After Rule 39(6) insert—

“(6A) It shall be the duty of the presiding officer, before voting papers are issued, to post or cause to be posted on the website of the diocese concerned copies of all election addresses received by the due date in the prescribed form, together with a list of all the candidates.”

13.  For Rule 39(12) substitute—

“(12) The full return of the result and the result sheet shall, until the end of the first group of sessions of the new Synod—

(a) in the case of an election in a diocese or part of a diocese, be displayed in the diocesan office, posted on the diocese’s website and displayed at the General Synod Office;

(b) in the case of any other election, be displayed at the General Synod Office and posted on the Church of England website.”

14.  After Rule 48(8) insert—

“(8A) In the case of an election to fill a casual vacancy in a diocese or part of a diocese, the presiding officer shall within four working days of the declaration of the result to every candidate in the election—

(a) send a full return of the result and the result sheet to every person already elected in that diocese or part as a member of the Lower House of Convocation or the House of Laity of the General Synod (in addition to sending them to the persons specified in rule 39(11)); and

(b) post or cause to be posted on the diocese’s website the full return of the result and the result sheet.”

15.  After Rule 48(11) insert—

“(12) For the purposes of paragraph (5)(b), the time when the period for holding a general election is due to begin is the time when the Convocations of the Provinces are dissolved under section 1(2) of the Church of England Convocations Act 1966.”

Appendix I – Synodical Government Forms

16.  In paragraph 1 of the application form for enrolment contained in Section 1 of Appendix I, after “I am baptised” insert “, am a lay person”.

17.  In the form of notice of revision of church electoral roll contained in Section 2 of Appendix I, after “Under the Church Representation Rules any” insert “lay”.

18.  In the form of notice of preparation of new roll contained in Section 3 of Appendix I, after “Under the Church Representation Rules any” insert “lay”.

19.  In the notice of election contained in Section 5 of Appendix I, omit paragraph 4.

20.  In the form of nomination contained in Section 6 of Appendix I for “Year for birth” substitute “Year of birth” and omit “so as to be received no later than 12 noon on…”.

Approved by the General Synod on 15th July 2014

Dr J. Philips

Clerk to the Synod

Church House, London

EXPLANATORY NOTE

(This note is not part of the Order)

This Resolution of the General Synod of the Church of England, which was passed in accordance with section 7(1) of the Synodical Government Measure 1969, amends the Church Representation Rules contained in Schedule 3 to that Measure.

Paragraph 1 deals with citation, interpretation and commencement.

Paragraph 2 replaces a reference to the Forces Synodical Council with a reference to the Armed Forces Synod.

Paragraph 3 removes the limit on the number of members of the House of Laity who may be elected from the Diocese in Europe.

Paragraph 4 re-inserts Rule 36(3) of the Church Representation Rules (which had previously been repealed) so as to require the secretary of each diocesan synod to certify the names on the electoral rolls of the parishes in the diocese by 1 August in the fourth year after the last election.

Paragraphs 5, 6, 8 and 10 provide for nomination papers to be sent and returned by email.

Paragraph 7 amends the rules for elections to the House of Laity to allow a voter to require a voting paper to be sent to an address other than that recorded in the register of lay electors.

Paragraph 9 amends the requirements as to the contents of nomination forms for elections to the House of Laity.

Paragraph 11 removes the requirement for the hard copy of a nomination paper to be returned when it has already been returned by fax.

Paragraph 12 imposes a new duty on presiding officers in elections to the House of Laity to publish candidates’ election addresses and lists of candidates on the diocesan website.

Paragraphs 13 and 14 require the full return of an election result and the result sheet to be displayed in the diocesan office, on the diocesan website and at the General Synod Office (in the case of a diocesan election) or at the General Synod Office and on the Church of England website (in any other case). In the case of an election to fill a casual vacancy in a diocese, the presiding officer must also notify those who are already members of the General Synod for that diocese.

Paragraph 15 defines the reference to the period when a general election to the House of Laity begins by reference to the time of dissolution under the Church of England Convocations Act 1966.

Paragraphs 16 to 18 amend a number of model forms relating to the church electoral roll of a parish to make it explicit that only lay persons can have their names entered on the roll.

Paragraphs 19 and 20 amend model forms relating to elections to a diocesan synod by removing the requirement to submit nomination forms by 12 noon.

(1)

1969 No. 2.

(2)

The Church Representation Rules are contained in Schedule 3 to the Synodical Government Measure 1969 and were amended by the Church Representation Rules (Amendment) Resolutions 1973 to 2009 (SI 1973/1865, 1980/178, 1981/959, 1650, 1984/1039, 1040, 1989/2094, 2095, 1994/3118, 1995/3243, 1998/319, 1999/2112, 2004/1889, 2009/2129), by the Diocese in Europe Measure 1980 (1980 No. 2), by the Patronage (Benefices) Measure 1986 (1986 No. 3), by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1), by the Priests (Ordination of Women) Measure 1993 (1993 No. 2), by the Team and Group Ministries Measure 1995 (1995 No. 1), by the National Institutions Measure 1998 (1998 No. 1), by the Cathedrals Measure 1999 (1999 No. 1), by the Churchwardens Measure 2001 (2001 No. 1), by the Synodical Government (Amendment) Measure 2003 (2003 No. 1), by the Dioceses, Pastoral and Mission Measure 2007 (2007 No. 1), and by the Church of England (Miscellaneous Provisions) Measure 2014 (2014 No. 1).

(3)

SI 1973/1865, 1980/178, 1981/959, 1650, 1984/1039, 1040, 1989/2094, 2095, 1994/3118, 1995/3243, 1998/319, 1999/2112, 2004/1889, 2009/2129.