Synodical Government Measure 1969

[F1 Election appeals E

Textual Amendments

F1 Sch. 3 substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 1 (with Sch. 3); S.I. 2019/1460, art. 2

58 (1) An appeal may be made against the allowance or disallowance of a vote in— E

(a) an election held under these Rules, or

(b) an election to a body constituted in accordance with these Rules.

(2) An appeal may be made against the result of—

(a) an election or choice held or made (or purporting to be held or made) under these Rules, or

(b) an election to a body constituted in accordance with these Rules.

(3) An error in the roll of a parish or the register of clerical or lay electors is not a ground of appeal against the result of an election unless—

(a) it has been determined on an appeal under Rule 57 that an error was made in the roll or register or the question is awaiting determination on an appeal under that Rule, and

(b) the error would or might be material to the result of the election in question.

(4) The allowance or disallowance of a vote is not 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.

(5) An appeal under this Rule may be brought by—

(a) a candidate in the election,

(b) an elector in the election, or

(c) the chair of the house of laity of the diocesan synod (where the appeal relates to laity) or the chair of the house of clergy (where the appeal relates to clergy).

(6) On an appeal under this Rule arising out of an election to a diocesan or deanery synod, a person who was declared elected but whose election is or may be affected by the appeal is to be regarded for all purposes as a member of the synod pending the determination of the appeal.

(7) Notice of an appeal under this Rule—

(a) must be in writing, and

(b) must give brief particulars of the grounds of the appeal.

(8) Notice of an appeal under this Rule arising out of an election to the house of laity of a diocesan synod must be given to the chair of that house; notice of any other appeal under this Rule concerning laity must be given to the lay chair of the deanery synod.

(9) Notice of an appeal under this Rule arising out of an election to the house of clergy of a diocesan synod must be given to the chair of that house.

(10) Notice of an appeal under paragraph (1) must be given no later than 14 days after—

(a) the vote in question was allowed or disallowed, or

(b) if the appeal is being brought on the ground referred to in paragraph (3) but an appeal under Rule 57 has yet to be determined, the determination of that appeal.

(11) Notice of an appeal under paragraph (2) must be given no later than 14 days after—

(a) the result of the election or choice is declared, or

(b) if the appeal is being brought on the ground referred to in paragraph (3) but an appeal under Rule 57 has yet to be determined, the determination of that appeal.

(12) Paragraphs (1) and (2) do not apply in the case of an election to the House of Laity of the General Synod, as to which see Rule 59.

(13) For provision as to appeals relating to the election of a churchwarden, see section 5A of the Churchwardens Measure 2001.]