Modifications etc. (not altering text)
C1Sch. 3 modified by Cathedrals Measure 1963 (No. 2), s. 12(3) (as substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 10;Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
Sch. 3 modified (30.6.1999) by Cathedrals Measure 1999 (No. 1), ss. 12(4), 38(2)(3) (with ss. 33, 37, 38(5)(6))
C2Sch. 3 applied by Churchwardens Measure 2001 (No. 1), s. 5(7) (as substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 15; S.I. 2014/1369, art. 2)
[F130](1)A diocesan synod shall consist of [F2a house of bishops], a house of clergy and a house of laity.E
[F3[F4(2)]The members of the house of bishops shall consist of the bishop of the diocese, every suffragan bishop of the diocese and such other person or persons, being a person or persons in episcopal orders working in the diocese, as the bishop of the diocese, with the concurrence of the archbishop of the province, may nominate.
[F4(3)]The bishop of the diocese shall be the president of the diocesan synod.]
[F4(4)]The members of the house of clergy shall consist of—
(a)the following ex-officio members, that is to say:—
[F5(i)any person or persons in episcopal orders nominated by the bishop of the diocese, other than a suffragan bishop or a person nominated under paragraph [F6(2)] of this rule;]
(ii)the dean or provost of the cathedral (including in appropriate dioceses, the Dean of Westminster, the Dean of Windsor and the Deans of Jersey and Guernsey);
(iii)the archdeacons;
(iv)the proctors elected from the diocese or from any university in the diocese (the University of London being [F7treated for this purpose as being] wholly in the diocese of London) to the Lower House of the Convocation of the Province F8. . .;
[F9(v)any other member of that House, being the person chosen by and from among the clerical members of religious communities in the Province, who resides in the diocese;]
[F10(vi)]the chancellor of the diocese (if in Holy Orders); and
[F10(vii)]the chairman of the diocesan board of finance [F11and the chairman of the diocesan advisory committee](if in Holy Orders);
(b)members elected by the houses of clergy of the deanery synods in the diocese in accordance with the next following rules; and
(c)not more than five members (being clerks in Holy Orders) co-opted by the house of clergy of the diocesan synod.
[F4(5)]The members of the house of laity shall consist of:—
(a)the following ex-officio members, that is to say:—
(i)the chancellor of the diocese (if not in Holy Orders);
(ii)the chairman of the diocesan board of finance [F11and the chairman of the diocesan advisory committee](if not in Holy Orders);
(iii)the members elected from the diocese to the House of Laity of the General Synod F12. . .;
[F13(iv)any other member of that House, being [F14an ex officio or co-opted member of the House of Laity of the General Synod or a] person chosen by and from among the lay members of religious communities in the Province, who resides in the diocese;]
(b)members elected by the houses of laity of the deanery synods in the diocese in accordance with the next following rules; and
(c)not more than five members co-opted by the house of laity of the diocesan synod, who shall be F15. . . [F16actual communicants]of age to vote at a Parliamentary election.
[F4(6)]The bishop of the diocese may nominate ten additional members of the diocesan synod, who may be of the clergy or the laity and shall be members of the appropriate house. [F17Except in regard to their appointment the nominated members shall have the same rights and be subject to the same rules as elected members. Where necessary the bishop’s council and standing committee shall designate the deanary synod of which the nominated member shall be a member and, where a nominated lay person is on more than one electoral roll, he shall choose the parochial council of which he is to be a member.]
F18F4[F19(7)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F19(7)No person shall be entitled to be a member of more than one diocesan synod at the same time except—
(a)the chancellor of the diocese;
(b)a suffragan bishop appointed to act as a provincial episcopal visitor for the purposes of the Episcopal Ministry Act of Synod 1993 who, in addition, to membership of the diocesan synod of the diocese of which he is suffragan, may be invited by the bishop of the diocese where he resides to be a member of that diocesan synod in accordance with paragraph (2) or paragraph (4)(a)(i) of this rule provided that he shall exercise his vote on a matter referred by the General Synod under Article 8 of the Constitution only in the diocesan synod of the diocese of which he is suffragan.]
[F20(8)The registrar of the diocese and any deputy registrar of the diocesan synod shall be disqualified from standing for election to the diocesan synod or from being a nominated, co-opted or ex officio member of that synod.]
Textual Amendments
F1Sch. 3 rule 30 (originally 24) renumbered (1.1.1995) by S.I. 1994/3118, para. 25.
F2Words substituted by S.I. 1980/178, para. 8(1)
F3Rule 24(1A)(1B) inserted by S.I. 1980/178, para. 8(1)
F4Sch. 3 rule 24 paras. (2)-(7) (originally (1A)-(5)) renumbered (1.1.1995) by S.I. 1994/3118, paras. 25(a), 63, Sch.
F5Rule 24(2)(a)(i) substituted by S.I. 1980/178, para. 8(2)
F6Words in Sch. 3 rule 24 para. (4) (originally (2)) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F7Words substituted by S.I. 1973/1865, para. 14(2)
F8Words in Sch. 3 rule 30 para. (4)(a)(iv) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 25(c).
F9Rule 24(2)(a)(v) inserted by S.I. 1973/1865, para. 14(3)
F10Rule 24(2)(a)(vi)(vii) (originally (a)(v)(vi)) re-numbered by S.I. 1973/1865, para. 14(3)
F11Words in Sch. 3 rules 24(2)(a)(vii) and (3)(a)(ii) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 32(1), Sch. 7 para. 4(b) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F12Words in Sch. 3 rule 30 para. (5)(a)(iii) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 25(c).
F13Rule 24(3)(a)(iv) added by S.I. 1973/1865, para. 14(4)
F14Words substituted by S.I. 1984/1039, para. 16(1)
F15Words in Sch. 3 rule 30 para. (5)(c) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 25(b).
F16Words in Sch. 3 rule 30 para. (5)(c) inserted (1.1.1995) by S.I. 1994/3118, para. 25(b).
F17Words inserted by S.I. 1984/1039, para. 16(2)
F18Sch. 3 Rule 30 para. (7) omitted (1.1.1996) by virtue of S.I. 1995/3243, para. 7.
F19Sch. 3 Rule 30 para. (7) inserted (1.1.1996) by S.I. 1995/3243, para. 7.
F20Sch. 3 rule 30 para. (8) inserted (1.1.1995) by S.I. 1994/3118, para. 25(d).
[F2131](1)The elections of members of the diocesan synod by the houses of clergy and laity of the deanery synods in the diocese shall take place every three years, and the members so elected shall hold office for a term [F22of three years beginning with the 1st [F23August] next following their election].E
(2)Any clerk in Holy Orders who is a member of the deanery synod F24. . . shall be qualified to be so elected by the house of clergy of a deanery synod, and the electors shall be [F25those whose names and addresses are recorded in the register of clerical electors]. . . [F26being the persons referred to in rule 24(2) and not including the persons co-opted to the deanery synod under rule 24(7)]:
Provided that no clerk shall stand for election by more than one deanery synod.
(3)[F27Subject to the provisions of rule [F281(4)]] any lay person who is an actual communicant F29. . . [F30as defined in rule 54(1)]of [F31[F32sixteen] years or upwards] and whose name is entered on the roll of any parish in the deanery or who is [F33on the community roll or, in the case of Westminster Abbey, St George’s Chapel, Windsor and the cathedral church of Christ in Oxford declared by the dean to be an habitual worshipper at the cathedral church], shall be qualified to be so elected by the house of laity of a deanery synod, and the electors shall be [F34those whose names and addresses are recorded in the register of lay electors] other than F29. . ..[F35persons co-opted to the deanery synod under rule 24(7)]
. . . F36
[F37[F38(4)]The qualifying date for electors under paragraphs (2) and (3) of this rule and when a casual vacancy is being filled shall be 6.00 a.m. on the date on which the nomination papers are issued [F39in accordance with rule 32(4)].
[F38(5)]The register of clerical electors and the register of lay electors shall be open to inspection at the diocesan office and any errors and omissions in the list may be corrected until the close of nominations. Thereafter no names may be added or removed until the declaration of the result of the election and those persons whose names are entered in the register shall be the qualified electors entitled to vote in that election.]
[F38(6)]The diocesan synod shall, not later than the [F4031st December] in the year preceding any such election determine the numbers of members to be so elected by the houses of the several deanery synods in the diocese, and the numbers shall—
(a)in the case of elections by the houses of clergy, be related to the numbers of members of those houses in the respective deanery synods;
(b)in the case of elections by the houses of laity, be related to the total numbers of names on the rolls of the parishes in the respective deaneries as certified . . . F41under rule 4:
Provided that at least two members shall be elected by each house of every deanery synod.
F42(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F43(7)For the purpose of such determination by the diocesan synod, the secretary of every deanery synod shall, not later than the 1st June, certify to the secretary of the diocesan synod the number of members of the house of clergy of the synod as at the 30th April.]
[F38(8)]The diocesan synod shall so exercise their powers under this rule as to secure that the number of members of the synod is not less than [F44100] and not more than 270 and that the numbers of the F45. . . [F46houses of clergy and laity] are approximately equal:
. . . F47
[F48For the avoidance of doubt it is hereby declared that the [F49number 270 specified in this paragraph includes] the maximum number of members who may be co-opted by each house or nominated by the bishop.]
[F38(9)]Not later than the 31st December in each year preceding any such elections, the secretary of the diocesan synod shall certify to the secretary of every deanery synod the numbers determined under this rule for that deanery synod.
Textual Amendments
F21Sch. 3 rule 31 (originally 25) renumbered (1.1.1995) by S.I. 1994/3118, para. 25.
F22Words substituted by S.I. 1973/1865, para. 15(1)
F23Word substituted by S.I. 1981/1650, para. 2
F24Words in Sch. 3 rule 31 para. (2) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 25(e).
F25Words substituted by virtue of S.I. 1989/2094, para. 8(1)
F26Words in Sch. 3 rule 31 para. (2) inserted (1.1.1995) by S.I. 1994/3118, para.25(e).
F27Words inserted by S.I. 1973/1865, para. 15(2)
F28Words in Sch. 3 rule 25 para. (3) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F29Words in Sch. 3 rule 31 para. (3) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 26.
F30Words in Sch. 3 rule 31 para. (3) inserted (1.1.1995) by S.I. 1994/3118, para. 26.
F31Words substituted by S.I. 1973/1865, para. 15(2)
F32Word in Sch. 3 rule 31(3) substituted (1.1.2005) by The Church Representation Rules (Amendment) Resolution 2004 (S.I. 2004/1889), paras. 10, 19(3)(b) (with para. 19(4)(b))
F33Words in Sch. 3 rule 31(3) substituted (1.1.2005) by The Church Representation Rules (Amendment) Resolution 2004 (S.I. 2004/1889), paras. 10, 19(3)(b) (with para. 19(4)(b))
F34Words substituted by virtue of S.I. 1989/2094, para. 8(2)
F35Words in Sch. 3 rule 31 para. (3) inserted (1.1.1995) by S.I. 1994/3118, para. 26.
F36Rule 25(3) proviso repealed by S.I. 1973/1865, para. 15(2)
F37Sch. 3 rule 25(3A)(3B) inserted by S.I. 1989/2094, para. 8(3)
F38Sch. 3 rule 31 paras. (4)-(9) (originally (3A)-(7)) renumbered (1.1.1995) by S.I. 1994/3118, para. 26.
F39Words in Sch. 3 rule 31(4) added (1.1.2000) by The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 9, 24(3)
F40Words substituted by S.I. 1973/1865, para. 15(3)
F41Words repealed by S.I. 1973/1865, para. 15(3)
F42Sch. 3 rule 31 para. (7) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 27.
F43Sch. 3 rule 31 para. (7) inserted (1.1.1995) by S.I. 1994/3118, para. 27.
F44Word in Sch. 3 rule 31(8) substituted (1.1.2010) by The Church Representation Rules (Amendment) Resolution 2009 (S.I. 2009/2129), paras. 1(3), 4
F45Words in Sch. 3 rule 31 para. (8) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 28.
F46Words in Sch. 3 rule 31 para. (8) inserted (1.1.1995) by S.I. 1994/3118, para.28.
F47Words repealed by S.I. 1984/1039, para. 17(1)
F48Para. added by S.I. 1973/1865, para. 15(4)
F49Words substituted by S.I. 1984/1039, para. 17(2)
[F5032][F51(1)Elections of members of the diocesan synod by the houses of the deanery synods shall be completed by the 15th day of July, the period and dates of the election being fixed by the bishop of the diocese and communicated to the secretaries of the deanery synods.E
(2)The bishop shall appoint the presiding officers for the elections by the houses of the deanery synods, provided that no person shall be appointed as a presiding officer for an election by a house F52. . .of which he is a member. The expenses of elections shall be paid out of diocesan funds.
[F53(3)]The diocesan electoral registration officer shall furnish the presiding officer with the names and addresses of the qualified electors and the presiding officer shall ensure that the persons qualified to nominate and vote in elections to the diocesan synod, and only such persons, shall be sent or given nomination and voting papers in respect of the said election at the address entered against their names in the register of electors.]
[F53(4)]Every candidate must be nominated and seconded by a qualified elector. A notice in the form set out in section 5 of Appendix I indicating the number of seats to be filled and inviting nominations shall be dispatched to every elector [F54together with a form of nomination in the form set out in section 6 of Appendix I] shall be F55. . . [F56delivered either by post, by facsimile transmission or in person to the presiding officer of the area within such period, being a period of not less than [F57twenty-one] days ending on a date specified by the presiding officer, provided that where a nomination paper has been sent by facsimile transmission the name of the candidate shall not appear on the voting paper unless the original nomination paper has been received by the presiding officer within three days of the closing date for nominations.The nomination form shall be accompanied by a statement signed by the candidate stating his willingness to serve if elected and, if he so desires, setting out in not more than 100 words a factual statement for circulation with the voting papers of the candidate’s professional qualifications, present office and any relevant past experience.]
F58[F53(5)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F59(5)It shall be the duty of the presiding officer—
(a)to scrutinise nomination papers as soon as they have been lodged and shall, without delay, inform the candidate concerned whether the nomination is valid.Where the nomination is invalid the presiding officer shall give his reasons for so ruling and if, by the close of the nomination period, no valid nomination is received, the candidate shall be excluded from the election;
(b)to supply free of charge to a duly nominated candidate in the election one copy of the names and addresses of the qualified electors within seven days of receiving his written request.]
[F53(6)]If more candidates are nominated than there are seats to be filled the names of the candidates nominated shall be circulated on a voting paper in the form set out [F60either in section 7 or in section 8 of Appendix I to every qualified elector. The diocesan synod shall, not later than the 31st December in each year preceding any such election as is referred to in rule [F6131], [F62make a determination as to which form of voting paper is to be used by the deaneries in that election, and that] determination shall apply to any election to fill a casual vacancy which occurs during the next ensuing three years.]
[F53(7)]The voting paper marked and [F63, on the reverse thereof, signed by the elector and with his full name written.] shall be returnable to the presiding officer within such period not being less than 14 days as he shall specify . . . F64No vote shall be counted if given on a voting paper not in accordance with this paragraph.
[F53(8)]Where [F65voting papers in the form set out in section 7 of Appendix I have been used and] owing to an equality of votes an election is not decided, the decision between the persons for whom the equal numbers of votes have been cast shall be taken by lot by the presiding officer.
[F66[F53(9)]Where voting papers in the form set out in section 8 of Appendix I are used, the election shall be conducted under rules, with the necessary modifications, made by the General Synod under rule [F6739(7)] and for the time being in force.]
[F68[F53(10)]]A return of the result of the election shall be sent by the presiding officer to the secretary of the diocesan synod and a statement of the result shall be sent by [F69the presiding officer] to every candidate not later than the 1st [F70August] in each election year.
Textual Amendments
F50Sch. 3 rule 32 (originally 26) renumbered (1.1.1995) by S.I. 1994/3118, para. 29.
F51Sch. 3 rule 26(1)(2)(2A) substituted for paras. (1) and (2) by S.I. 1989/2094, para. 9(1)
F52Sch. 3 rule 32 para. (2) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 29.
F53Sch. 3 rule 32 paras. (3)-(10) (originally (2A)-(8)) renumbered (1.1.1995) by S.I. 1994/3118, para. 29.
F54Words in Sch. 3 rule 32(4) substituted (1.1.2000) by virtue of The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 10, 24(3)
F55Words in Sch. 3 rule 32 para. (4) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 30.
F56Words in Sch. 3 rule 32 para. (4) inserted (1.1.1995) by S.I. 1994/3118, para. 30.
F57Word in Sch. 3 rule 32(4) substituted (1.1.2010) by The Church Representation Rules (Amendment) Resolution 2009 (S.I. 2009/2129), paras. 1(3), 5
F58Sch. 3 rule 32 para. (5) omitted (1.1.1995) by virtue of S.I. 1994/3118, para.31.
F59Sch. 3 rule 32 para. (5) inserted (1.1.1995) by S.I. 1994/3118, para. 31.
F60Words substituted by S.I. 1980/178, para. 9(1)
F61Words in Sch. 3 rule 26 para. (4) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F62Words substituted by S.I. 1984/1039, para. 18(3)
F63Words substituted by S.I. 1981/1650, para. 18(4)
F64Words repealed by S.I. 1980/178, para. 9(2)
F65Words inserted by S.I. 1980/178, para. 9(3)
F66Rule 26(7) inserted by S.I. 1980/178, para. 9(4)
F67Words in Sch. 3 rule 26 para. (7) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F68Rule 26(8) (originally 26(7)) renumbered by S.I. 1980/178, para. 9(5)
F69Words substituted by S.I. 1973/1865, para. 15(5)
F70Word substituted by S.I. 1981/1650, para. 3(3)
[F7133](1)If it appears to the diocesan synod that the preceding rules in this Part relating to the membership of diocesan synods ought to be varied to meet the special circumstances of the diocese and to secure better representation of clergy or laity or both on the diocesan synod, they may make a scheme for such variation, and if the scheme comes into operation in accordance with the provisions hereinafter applied, the said rules shall have effect subject to the scheme:E
. . . F72
(2)Paragraphs (2) [F73to (5)] of rule [F7426] shall apply to schemes under this rule as it applies to schemes under that rule.
Textual Amendments
F71Sch. 3 rule 33 (originally 27) renumbered (1.1.1995) by S.I. 1994/3118, para. 32
F72Rule 27(1) proviso repealed by S.I. 1973/1865, para. 16
F73Words substituted by S.I. 1980/178, para. 10
F74Sch. 3 rule 27 para. (2) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
[F7534](1)The diocesan synod shall make standing orders which shall provide—E
(a)that the bishop need not be chairman of its meetings if and to the extent that standing orders otherwise provide;
(b)that there shall be a secretary of the diocesan synod;
(c)that a specified minimum number of meetings being F76... not less than two shall be held in each year;
(d)that a meeting of the diocesan synod shall be held if not less than a specified number of members of the synod so request;
(e)that subject to the [F77three] next following sub-paragraphs, nothing shall be deemed to have the assent of the diocesan synod unless the three [F78houses] which constitute the synod have assented thereto [F79but that if in the case of a particular question [F80(except a matter referred to the diocesan synod by the General Synod under the provisions of Article 8 of the Constitution) the diocesan bishop] (if present) so directs, that question shall be deemed to have the assent of the house of bishops only if the majority of the members of that house who assent thereto includes [F80the diocesan bishop];
(f)that questions relating only to the conduct of business shall be decided by the votes of all the members of the diocesan synod present and voting, . . . F81
[F82(g)that every other question shall be decided by the votes of all the members of the diocesan synod present and voting, the assent of the three Houses being presumed, unless the diocesan bishop (if present) requires or any ten members require that a separate vote of each House be taken.]
[F83(h)]that if the votes of the houses of clergy and laity are in favour of any matter referred to the diocesan synod by the General Synod under the provisions of Article 8 of Schedule 2 to this Measure, that matter shall be deemed to have been approved for the purposes of the said Article;
[F84(i)]that where there is an equal division of votes in the house of bishops, [F85the diocesan bishop] shall have a second or casting vote;
[F84(j)]that [F86the diocesan bishop] shall have a right to require that his opinion on any question shall be recorded in the minutes;]
[F87(k)]that there shall be a bishop’s council and standing committee of the diocesan synod with such membership as may be provided by standing orders and with the functions exercisable by it under section 4(4) of the Measure and such other functions as may be provided by the standing orders or by these rules or by any Measure or Canon;
and may contain such further provisions consistent with these rules as the diocesan synod shall consider appropriate.
[F88(2)No person shall be entitled to serve as a member of more than one bishop’s council and standing committee at the same time.]
[F89(3)]The registrar of the diocese shall be the registrar of the diocesan synod, and may appoint a deputy.
Textual Amendments
F75Sch. 3 rule 34 (originally 28) renumbered (1.1.1995) by S.I. 1994/3118, para. 32.
F76Words in Sch. 3 rule 34(1)(c) repealed (1.9.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), s. 66(2), Sch. 7; 2008 No. 1, Instrument made by Archbishops
F77Word substituted by S.I. 1984/1039, para. 19(1)
F78Word substituted by S.I. 1980/178, para. 11(2)
F79Words inserted by S.I. 1980/178, para. 11(2)
F80Words substituted by S.I. 1984/1039, para. 19(1)
F81Words repealed by S.I. 1984/1039, para. 19(2)
F82Rule 28(1)(g) inserted by S.I. 1984/1039, para. 19(3)
F83Rule 28(1)(h) (originally 28(1)(g) relettered by S.I. 1984/1039, para. 19(4)
F84Rule 28(1)(h)(i) inserted by S.I. 1980/178, para. 11(4); relettered 28(1)(i)(j) by S.I. 1984/1039, para. 19(4)
F85Words substituted by S.I. 1984/1039, para. 19(4)
F86Words substituted by S.I. 1984/1039, para. 19(5)
F87Rule 28(1)(k) (originally 28(1)(h)) relettered by S.I. 1980/178, para. 11(5) and 1984/1039, para. 19(4)
F88Rule 28(2) inserted by S.I. 1980/178, para. 11(5)
F89Rule 28(3) (originally 28(2)) renumbered by S.I. 1980/178, para. 11(6)