Synodical Government Measure 1969

SCHEDULES

Section 1.

SCHEDULE 1 E Form of Proposed Canon

Extent Information

E1 For extent to the Channel Islands and the Isle of Man see s. 9(3)-(5)

Of the General Synod and the Convocations E

1 E On such day as may be appointed by the Archbishops of Canterbury and York under the M1 Synodical Government Measure 1969, the powers to legislate by Canon and other functions of the Convocation of Canterbury [York], and the authority, rights and privileges of the said Convocation, shall vest in the General Synod of the Church of England, being the Church Assembly renamed and reconstituted by the said Measure.

Marginal Citations

M1 1969 No. 2 (21:1).

2 E Notwithstanding such vesting as aforesaid, the said Convocation may continue to meet separately, within the province or elsewhere at such places and times as they may determine, for the purpose of considering matters concerning the Church of England and making provision by appropriate instruments for such matters in relation to their province or referring such matters to the General Synod, and shall meet for the purpose of discharging their functions under section 3 of this Measure and their functions under Article 7 of the Constitution of the General Synod in respect of provisions touching doctrinal formulae or the services or ceremonies of the Church of England or the administration of the Sacraments or sacred rites thereof, or to consider any other matter referred to them by the General Synod:

Provided that the power to make provision as aforesaid shall not be exercisable by Canon, and shall (without prejudice to the said Article 7) be exercisable consistently with the exercise of functions by the General Synod and, in the event of any inconsistency, the provision made by the General Synod shall prevail.

3 E The said Convocation may, by their Standing Orders or otherwise, make provision for joining to their two Houses, at such sittings and for the purposes of such of their functions as they may determine, a House of Laity composed of—

(a) such of the members of the House of Laity of the General Synod as are elected for areas in the province;

(b) such of the ex-officio and co-opted members of the said House as may be allocated to the province for the purposes of this paragraph by the President and the Prolocutor of the Houses of the said Convocation and the Prolocutor and Pro-Prolocutor of the House Laity of the General Synod; and

(c) the member of the said House chosen by the lay members of religious communities in the said province:

Provided that the House of Laity joined as aforesaid to the two Houses of the said Convocation shall not be given any power to vote on any matter referred to the Convocation under Article 7 of the said Constitution, or any matter in respect of which powers are exercisable by the Convocation in accordance with section 3 of the said Measure.

4 E The vesting of rights and privileges of the said Convocation in the General Synod by this Canon shall not affect the right of the said Convocation (which shall be exercisable also by the General Synod) to present addresses to Her Majesty, or the right of the Lower House of the said Convocation to present gravamina to the Upper House thereof.

Section 2.

SCHEDULE 2 E Constitution of the General Synod

Extent Information

E2 For extent to the Channel Islands and the Isle of Man see s. 9(3)-(5)

1 E The General Synod shall consist of the Convocations of Canterbury and York joined together in a House of Bishops and a House of Clergy and having added to them a House of Laity.

2 E The House of Bishops and the House of Clergy shall accordingly comprise the Upper and the Lower Houses respectively of the said Convocations, and the House of Laity shall be elected and otherwise constituted in accordance with the Church Representation Rules.

3 (1) The General Synod shall meet in session at least twice a year, and at such times and places as it may provide, or, in the absence of such provision, as the Joint Presidents of the Synod may direct. E

(2) The General Synod shall, on the dissolution of the Convocations, itself be automatically dissolved, and shall come into being on the calling together of the new Convocations.

(3) Business pending at the dissolution of the General Synod shall not abate, but may be resumed by the new Synod at the stage reached before the dissolution, and any Boards, Commissions, Committees or other bodies of the Synod may, so far as may be appropriate and subject to any Standing Orders or any directions of the Synod or of the Archbishops of Canterbury and York, continue their proceedings during the period of the dissolution, and all things may be done by the Archbishops or any such bodies or any officers of the General Synod as may be necessary or expedient for conducting the affairs of the Synod during the period of dissolution and for making arrangements for the resumption of business by the new Synod.

(4) A member of the General Synod may continue to act during the period of the dissolution as a member of any such Board, Commission, Committee or body:

Provided that, if a member of the Synod who is an elected proctor of the clergy or an elected member of the House of Laity does not stand for re-election or is not re-elected, this paragraph shall cease to apply to him with effect from the date on which the election of his successor is announced by the presiding officer.

4 (1) The Archbishops of Canterbury and York shall be joint Presidents of the General Synod, and they shall determine the occasions on which it is desirable that one of the Presidents shall be the chairman of a meeting of the General Synod, and shall arrange between them which of them is to take the chair on any such occasion: E

Provided that one of the Presidents shall be the Chairman when any motion is taken for the final approval of a provision to which Article 7 of this Constitution applies and in such other cases as may be provided in Standing Orders.

(2) The Presidents shall, after consultation with the Standing Committee of the General Synod, appoint from among the members of the Synod a panel of not less than 3 or more than 8 chairmen, who shall be chosen for their experience and ability as chairmen of meetings and may be members of any House; and it shall be the duty of one of the chairmen on the panel, in accordance with arrangements approved by the Presidents and subject to any special directions of the Presidents, to take the chair at meetings of the General Synod at which neither of the Presidents take the chair.

(3) The Provincial Registrars shall be Joint Registrars of the General Synod.

Modifications etc. (not altering text)

C1 Sch. 2 Art. 4(2): functions of Standing Committee transferred (1.1.1999) to Appointments Committee by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; Instrument made by the Archbishops of Canterbury and York dated 14.10.1998

5 (1) A motion for the final approval of any Measure or Canon shall not be deemed to be carried unless, on a division by Houses, it receives the assent of the majority of the members of each House present and voting: E

Provided that by permission of the chairman and with the leave of the General Synod given in accordance with Standing Orders this requirement may be dispensed with.

(2) All other motions of the General Synod shall, subject as hereinafter provided, be determined by a majority of the members of the Synod present and voting, and the vote may be taken by a show of hands or a division:

Provided that, except in the case of a motion relating solely to the course of business or procedure, any 25 members present may demand a division by Houses and in that case the motion shall not be deemed to be carried unless, on such a division, it receives the assent of the majority of the members of each House present and voting.

[F1 (3) This Article shall be subject to any provision of this Constitution or of any Measure with respect to special majorities of the Synod or of each House thereof, and where a special majority of each House is required the vote shall be taken on a division by Houses, and where a special majority of the whole Synod is required, the motion shall, for the purposes of this Article, be one relating solely to procedure.]

[F2 (4) Where a vote is to be taken on a division by Houses, it may be taken either by an actual division or in such other manner as standing orders may provide.]

Textual Amendments

F1 Article 5(3) substituted by Synodical Government (Special Majorities) Measure 1971 (No. 1, SIF 21:1), s. 1(3)

F2 Article 5(4) inserted by Synodical Government (Amendment) Measure 1974 (No. 1, SIF 21:1), s. 3

6 E The functions of the General Synod shall be as follows:—

(a) to consider matters concerning the Church of England and to make provision in respect thereof—

(i) by Measure intended to be given, in the manner prescribed by the M2 Church of England Assembly (Powers) Act 1919, the force and effect of an Act of Parliament, or

(ii) by Canon made, promulged and executed in accordance with the like provisions and subject to the like restrictions and having the like legislative force as Canons heretofore made, promulged and executed by the Convocations of Canterbury and York, or

(iii) by such order, regulation or other subordinate instrument as may be authorised by Measure or Canon; or

(iv) by such Act of Synod, regulation or other instrument or proceeding as may be appropriate in cases where provision by or under a Measure or Canon is not required;

(b) to consider and express their opinion on any other matters of religious or public interest.

Marginal Citations

M2 1919 c. 76 (21:1).

7 (1) A provision touching doctrinal formulae or the services or ceremonies of the Church of England or the administration of the Sacraments or sacred rites thereof shall, before it is finally approved by the General Synod, be referred to the House of Bishops, and shall be submitted for such final approval in terms proposed by the House of Bishops and not otherwise. E

(2) A provision touching any of the matters aforesaid shall, if the Convocations or either of them or the House of Laity so require, be referred, in the terms proposed by the House of Bishops for final approval by the General Synod, to the two Convocations sitting separately for their provinces and to the House of Laity; and no provision so referred shall be submitted for final approval by the General Synod unless it has been approved, in the terms so proposed, by each House of the two Convocations sitting as aforesaid and by the House of Laity.

(3) The question whether such a reference is required by a Convocation shall be decided by the President and Prolocutor of the Houses of that Convocation, and the Prolocutor shall consult the Standing Committee of the Lower House of Canterbury or, as the case may be, the Assessors of the Lower House of York, and the decision of the President and Prolocutor shall be conclusive:

Provided that if, before such a decision is taken, either House of a Convocation resolves that the provision concerned shall be so referred or both Houses resolve that it shall not be so referred, the resolution or resolutions shall be a conclusive decision that the reference is or is not required by that Convocation.

(4) The question whether such a reference is required by the House of Laity shall be decided by the Prolocutor and Pro-Prolocutor of that House who shall consult the Standing Committee of that House, and the decision of the Prolocutor and the Pro-Prolocutor shall be conclusive:

Provided that if, before such a decision is taken, the House of Laity resolves that the reference is or is not required, the resolution shall be a conclusive decision of that question.

(5) Standing Orders of the General Synod shall provide for ensuring that a provision which fails to secure approval on a reference under this Article by each of the four Houses of the Convocations or by the House of Laity of the General Synod is not proposed again in the same or a similar form until a new General Synod comes into being, except that, in the case of objection by one House of one Convocation only, provision may be made for a second reference to the Convocations and, in the case of a second objection by one House only, for reference to the Houses of Bishops and Clergy of the General Synod for approval by a two-thirds majority of the members of each House present and voting, in lieu of such approval by the four Houses aforesaid.

(6) If any question arises whether the requirements of this Article or Standing Orders made thereunder apply to any provision, or whether those requirements have been complied with, it shall be conclusively determined by the Presidents and Prolocutors of the Houses of the Convocations and the Prolocutor and Pro-Prolocutor of the House of Laity of the General Synod.

8 (1) A Measure [F3 or Canon] providing for permanent changes in the Services of Baptism or Holy Communion or in the Ordinal, or a scheme for a constitutional union or a permanent and substantial change of relationship between the Church of England and another Christian body [F4 being a body a substantial number of whose members reside in Great Britain], shall not be finally approved by the General Synod unless, at a stage determined by the Archbishops, the Measure [F3 or Canon] or scheme, or the substance of the proposals embodied therein, has been approved by a majority of the dioceses at meetings of their Diocesan Synods [F5 or, in case of the diocese in Europe, of the bishop’s council and standing committee of that diocese]. E

[F6 (1A) If the Archbishops consider that this article should apply to a scheme which affects the Church of England and another Christian body but does not fall within paragraph (1) of this Article, they may direct that this Article shall apply to that scheme, and where such a direction is given this article shall apply accordingly.]

[F7 (1B) The General Synod may by resolution provide that final approval of any such scheme as aforesaid, being a scheme specified in the resolution, shall require the assent of such special majorities of the members present and voting as may be specified in the resolution, and the resolution may specify a special majority of each House or of the whole Synod or of both, and in the latter case the majorities may be different.]

[F8 (1C) A motion for the final approval of a Measure providing for permanent changes in any such Service or in the Ordinal shall not be deemed to be carried unless it receives the assent of a majority in each House of the General Synod of not less than two-thirds of those present and voting.]

(2) Any question whether this Article applies to any Measure [F3 or canon] or scheme, or whether its requirements have been complied with, shall be conclusively determined by the Archbishops, the Prolocutors of the Lower Houses of the Convocations and the Prolocutor and Pro-Prolocutor of the House of Laity of the General Synod.

Textual Amendments

F3 Words inserted by Church of England (Worship and Doctrine) Measure 1974 (No. 3, SIF 21:7), Sch. 1, para. 3

F4 Words inserted by Synodical Government (Amendment) Measure 1974 (No. 1, SIF 21:1), s. 2(1)

F5 Words inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), s. 3(1)

F6 Article 8(1A) inserted by Synodical Government (Amendment) Measure 1974 (No. 1, SIF 21:1), s. 2(2)

F7 Article 8(1B) inserted by Synodical Government (Special Majorities) Measure 1971 (No. 1, SIF 21:1), s. 1(1) as Article 8(1A) and renumbered Article 8(1B) by Synodical Government (Amendment) Measure 1974 (No. 1, SIF 21:1), s. 2(3)

F8 Article 8(1C) inserted by Church of England (Miscellaneous Provisions) Measure 1978 (No. 3, SIF 21:8), s. 1

Modifications etc. (not altering text)

C2 Article 8 amended by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), s. 3(2)

9 (1) Standing Orders of the General Synod may provide for separate sittings of any of the three Houses or joint sittings of any two Houses, and as to who is to take the chair at any such separate or joint sitting. E

(2) The House of Laity shall elect a Chairman and Vice-Chairman of that House who shall also discharge the functions assigned by this Constitution and the Standing Orders and by or under any Measure or Canon to the Prolocutor and Pro-Prolocutor of that House.

10 (1) The General Synod shall appoint a Legislative Committee from members of all three Houses, to whom shall be referred all Measures passed by the General Synod which it is desired should be given, in accordance with the procedure prescribed by the M3 Church of England Assembly (Powers) Act 1919, the force of an Act of Parliament; and it shall be the duty of the Legislative Committee to take such steps with respect to any such Measure as may be so prescribed.

(2) The General Synod may appoint or provide by their Standing Orders for the appointment of a Standing Committee and such other Committees, Commissions and bodies, which may include persons who are not members of the Synod, and such officers as they think fit.

(3) Each House may appoint or provide by their Standing Orders for the appointment of such Committees of their members as they think fit.

Marginal Citations

M3 1919 c. 76 (21:1).

11 (1) The General Synod may make, amend and revoke Standing Orders providing for any of the matters for which such provision is required or authorised by this Constitution to be made, and consistently with this Constitution, for the meetings, business and procedure of the General Synod. E

[F9 (1A) Provision may be made by Standing Order that the exercise of any power of the General Synod to suspend the Standing Orders or any of them shall require the assent of such a majority of the members of the whole Synod present and voting as may be specified in the Standing Order.]

(2) Each House may make, amend and revoke Standing Orders for the matter referred to in Article 10(3) hereof and consistently with this Constitution and with any Standing Orders of the General Synod, for the separate sittings, business and procedure of that House.

(3) Subject to this Constitution and to any Standing Orders, the business and procedure at any meeting of the General Synod or any House or Houses thereof shall be regulated by the chairman of the meeting.

Textual Amendments

F9 Article 11(1A) inserted by Synodical Government (Special Majorities) Measure 1971 (No. 1, SIF 21:1), s. 1(2)

12 (1) References to final approval shall, in relation to a Canon or Act of Synod be construed as referring to the final approval by the General Synod of the contents of the Canon or Act, and not to the formal promulgation thereof: E

Provided that the proviso to Article 4(1) shall apply both to the final approval and to the formal promulgation of a Canon or Act of Synod.

(2) Any question concerning the interpretation of this Constitution, other than questions for the determination of which express provision is otherwise made, shall be referred to and determined by the Archbishops of Canterbury and York.

(3) No proceedings of the General Synod or any House or Houses thereof, or any Board, Commission, Committee or body thereof shall be invalidated by any vacancy in the membership of the body concerned or by any defect in the qualification, election or appointment of any member thereof.

13 E Any functions exercisable under this Constitution by the Archbishops of Canterbury and York, whether described as such or as Presidents of the General Synod, may, during the absence abroad or incapacity through illness of one Archbishop or a vacancy in one of the Sees, be exercised by the other Archbishop alone.

Section 4.

SCHEDULE 3 E Church Representation Rules

Modifications etc. (not altering text)

C3 Sch. 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))

Part I E Church Electoral Roll

Formation of Roll E

1 (1) There shall be a church electoral roll (in these rules referred to as “the roll”) in every parish, on which the names of lay persons shall be entered as hereinafter provided. The roll shall be available for inspection by bona-fide inquirers.

(2) A lay person shall be entitled to have his name entered on the . . . F10 roll of a parish, if he—

(a) is baptised;

[F11 (b) is a member of the Church of England or of a Church in communion with the Church of England;]

(c) is of [F12 sixteen] years or upwards;

(d) is resident in the parish, or, if not so resident, has habitually attended public worship in the parish during a period of six months prior to enrolment; and

(e) has signed the form of application for enrolment set out in section 1 of Appendix I to these rules.

[F13 Provided that where a lay person will have his sixteenth birthday after the intended revision of the electoral roll or the preparation of a new roll but on or before the date of the annual parochial church meeting, he may complete a form of application for enrolment and his name shall be enrolled but with effect from the date of his birthday.]

[F14 (3) A person shall be entitled to have his name on the roll of each of any number of parishes if he is entitled by virtue of paragraph (2) of this rule to have his name entered on each roll; but a person whose name is entered on the roll of each of two or more parishes must choose one of those parishes for the purpose of the provisions of these rules which prescribe the qualifications for election to a deanery synod, a diocesan synod or the General Synod or for membership [F15 of a parochial church council under rule 12(1)(e) or] of a deanery synod under rule 19(3)(b).]

(4) The roll shall, until a parochial church council has been constituted in a parish, be formed and revised by the minister and churchwardens (if any), and shall, after such council has been constituted, be kept and revised by or under the direction of the council. Reference in this rule to a parochial church council shall, so far as may be necessary for giving effect to these rules, be construed as including references to the minister and churchwardens (if any).

[F16 (4A) Where a new parish is created by a pastoral scheme, the roll of that parish shall in the first instance consist—

(a) in the case of a parish created by the union of two or more former parishes, of the rolls of those parishes combined to form one roll;

(b) in any other case, of the names of the persons whose names are at the date of the coming into existence of the new parish entered on the roll of a parish the whole or any part of which forms part of the new parish and who are either resident in the new parish or have habitually attended public worship therein.]

(5) The parochial church council shall appoint [F17 a church electoral roll officer] to act under its directions for the purpose of carrying out its functions with regard to the electoral roll.

(6) The names of persons who are entitled to have their names entered upon the roll of the parish shall, subject to the provisions of these rules, be from time to time added to the roll. No name shall be added to or removed from the roll except by the authority of the parochial church council and it shall be the duty of that council to keep the roll constantly up to date and to cause names to be added and removed as from time to time required by these rules.

(7) Subject to the provisions of this rule, a person’s name shall, as the occasion arises, be removed from the roll, if he:—

(a) has died; or

(b) becomes a clerk in Holy Orders; or

(c) signifies in writing his desire that his name should be removed; or

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

[F19 (d) ceases to reside in the parish, unless after so ceasing he continues, in any period of six months, to attend public worship in the parish, unless prevented from doing so by illness or other sufficient cause; or]

[F20 (e)] is not resident in the parish and has not attended public worship in the parish during the preceding six months, not having been prevented from doing so by illness or other sufficient cause; or

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

[F20 (f)] was not entitled to have his name entered on the roll at the time when it was entered.

(8) The removal of a person’s name from the roll under any of the provisions of these rules shall be without prejudice to his right to have his name entered again, if he [F21 has or acquires that right].

(9) The roll shall where practicable contain a record of the address of every person whose name is entered on the roll, but a failure to comply with this requirement shall not prejudice the validity of any entry on the roll.

Textual Amendments

F10 Word repealed by S.I. 1973/1865, para. 1(1)

F11 Rule 1(2)(b) substituted by S.I. 1973/1865, para. 1(1)

F12 Word substituted by S.I. 1980/178, para. 1(1)

F13 Rule 1(2) proviso added by S.I. 1984/1039, para. 1(1)

F14 Rule 1(3) substituted by S.I. 1973/1865, para. 1(2)

F15 Words inserted by S.I. 1980/178, para. 1(2)

F16 Rule 1(4A) inserted by S.I. 1981/959, para. 1

F17 Words substituted by S.I. 1973/1865, para. 1(3)

F18 Rule 1(7)(d)(g) (as originally enacted) repealed by S.I. 1973/1865, para. 1(4)

F19 Rule 1(7)(d) substituted by S.I. 1984/1039, para. 1(2)

F20 Rule 1(7)(d)(e)(f) (originally (e)(f)(h)) re-lettered by S.I. 1973/1865, para. 1(4)

F21 Words substituted by S.I. 1973/1865, para. 1(5)

Revision of Roll and Preparation of New Roll E

2 (1) Except in a year in which a new roll is prepared, the roll of a parish shall be revised annually by or under the direction of the council. Notice of the intended revision in the form set out in section 2 of Appendix I to these rules shall be affixed by the minister or under his direction on or near the principal door of every church in the parish and every building in the parish licensed for public worship and remain so affixed for a period of not less than fourteen days before the commencement of the revision. The revision shall be completed not less than fifteen days or more than twenty-eight days before the annual parochial church meeting.

(2) Upon every revision all enrolments or removals from the roll which have been effected since the date of the last revision (or since the formation of the roll, if there has been no previous revision) shall be reviewed, and such further enrolments or removals from the rolls as may be required shall be effected.

(3) After the completion of the revision, a copy of the roll as revised shall, together with a list of the names removed from the roll since the last revision (or since the formation of the roll, if there has been no previous revision), be published by being exhibited continuously for not less than fourteen days before the annual parochial church meeting on or near the principal door of the parish church in such manner as the council shall appoint. [F22 Subject to the proviso to rule 1(2).] No name shall be entered upon or removed from the roll during the period in any year between the completion of the revision and the close of the annual parochial church meeting.

(4) Not less than two months before the annual parochial church meeting in the year [F23 1990] and every succeeding sixth year notice in the form set out in section 3 of Appendix 1 to these rules shall be affixed by the minister or under his direction on or near the principal door of every church in the parish and every building in the parish licensed for public worship and remain so affixed for a period of not less than fourteen days. On the affixing of the notice a new roll shall be prepared.

[F24 At every service held on each of the two Sundays within the period of fourteen days beginning with the date of the affixing of the notice or, in the case of a church in which no service is held on either of those Sundays, at every service held in that church on the first Sunday after that date the person conducting the service shall inform the congregation of the preparation of the new roll.]

[F25 (5) The parochial church council shall take reasonable steps to inform every person whose name is entered on the previous roll that a new roll is being prepared and that if he wishes to have his name entered on the new roll he must apply for enrolment. No such steps need be taken with respect to any person whose name could be removed from the previous roll under rule 1(7).]

(6) The new roll shall be prepared by entering upon it the names of persons entitled to entry under rule 1(2), and a fresh application shall be required from persons whose names were entered on the previous roll. A person whose name was so entered shall not be disqualified for entry on the new roll by reason only of his failure to comply with the conditions specified in rule 1(2)(d), if he was prevented from doing so by illness or other sufficient cause, and the circumstances shall be stated on the application form. The preparation of the new roll shall be completed not less than fifteen days or more than twenty-eight days before the annual parochial church meeting.

(7) After the completion of the new roll, a copy shall be published by being exhibited continuously for not less than fourteen days before the annual parochial church meeting on or near the principal door of the parish church in such manner as the council shall appoint. No name shall be entered upon or removed from the roll during the period in any year between the completion of the new roll and the close of the annual parochial church meeting. On the publication of the new roll the previous roll shall cease to have effect.

(8) Upon the alteration of the boundaries of any parishes the parochial church council of the parish from which any area is transferred shall enquire from the persons resident in that area whose names are entered on the roll of the parish, whether they wish to have their names transferred to the roll of the other parish. The parochial church council shall remove the names of persons answering in the affirmative from its own roll and shall inform the parochial church council of the parish in which such persons now reside, which shall enter the names on its roll without any application for enrolment being required.

Textual Amendments

F22 Words inserted by S.I. 1984/1039, para. 2(1)

F23 Words “1990” substituted (in place of “1972”) by virtue of S.I. 1984/1039, para. 2(2) (where the substitution is expressed as follows: In rule 2(4) for the word “1978” there shall be substituted the word “1990”)

F24 Para. inserted by S.I. 1973/1865, para. 2(1)

F25 Rule 2(5) substituted by S.I. 1973/1865, para. 2(2)

Procedural provisions relating to entry and removal of names E

3 (1) When a person applying for enrolment on the roll of any parish signifies his desire that his name should be removed from the roll of any other parish, notice of that fact shall be sent by the parochial church council receiving the application to the parochial church council of that other parish. E

(2) When the name of any person is removed from the roll of the parish owing to his having become resident in another parish, notice of that fact shall, whenever possible, be sent by the parochial church council of the first mentioned parish to the parochial church council of the last mentioned parish.

(3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Textual Amendments

F26 Sch. 3 rules 3(3)–(5), 4(3)(4), repealed by S.I. 1984/1039, para. 4(b)

Certification of Numbers on Rolls E

4 (1) Not later than the first day of [F27 June]—

(a) in any year immediately preceding a year inF which elections of members of deanery synods or diocesan synods will fall due,

(b) in any year being the fourth year after the last preceding election of members of the House of Laity of the General Synod,

the number of names on the roll of each parish shall be certified to the secretary of the diocesan synod and the secretary of the deanery synod, and the certificate shall be signed by the chairman, vice-chairman, secretary or [F28 church] electoral roll officer of the parochial church council:

Provided that, if the General Synod is at any time dissolved before the fourth year after the last preceding election of the House of Laity or before this rule has taken effect during that year, the General Synod or the Presidents thereof may give directions requiring the number of names on the roll of each parish to be certified as aforesaid within such time as may be specified, and the directions may, if the dissolution is known to be impending, be given before it occurs.

(2) A copy of such certificate shall be affixed at or near to the principal door of every church in the parish and every building licensed for public worship in the parish when the certificate is sent to the secretary of the diocesan synod, and shall remain so affixed for a period of not less than fourteen days.

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

[F30 (3)]

Any question as to the accuracy of any certificate given under this rule shall be decided in such manner as the diocesan synod or the bishop’s council and standing committee shall determine.

Textual Amendments

F27 Word substituted by S.I. 1984/1039, para. 3.

F28 Word inserted by S.I. 1973/1865, para. 4(a).

F29 Sch. 3 rule 4(3)(4) repealed by S.I. 1973/1865, para. 4(b).

F30 Rule 4(3) (originally 4(5)) renumbered by S.I. 1973/1865, para 4(b).

[F31 4A (1) A person whose name is entered on the roll of a guild church shall for the purpose of the provisions of these rules which prescribe the qualifications for election to a deanery synod, a diocesan synod or the House of Laity of the General Synod, or for membership of a deanery synod under rule 19(3)(b), be deemed to be a person whose name is on the roll of the parish in which the guild church is, and references in those provisions or in rule 1(3) to a person whose name is on the roll of a parish or on the roll of each of two or more parishes, and in rule 37 to entry on the roll of a parish, shall be construed accordingly.

(2) In this rule “guild church” means a church in the City of London designated and established as a guild church under the City of London (Guild Churches) Acts 1952 and 1960.]

Textual Amendments

F31 Rule 4A added by S.I. 1973/1865, para. 5.

Part II E Parochial Church Meetings and Councils Annual Meetings

5 (1) In every parish there shall be held not later than the 30th April in each year the annual parochial church meeting (hereafter in these rules referred to as “the annual meeting”).

(2) All lay persons whose names are entered on the roll of the parish shall be entitled to attend the annual meeting and to take part in its proceedings, and no other lay person shall be so entitled.

(3) A clerk in Holy Orders shall be entitled to attend the annual meeting of a parish and take part in its proceedings—

(a) if he is either beneficed in or licensed to the parish or any other parish in the area of the benefice to which the parish belongs; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

[F33 (b)] if he is resident in the parish and is not beneficed in or licensed to any other parish.

[F34 (c) if he is not resident in the parish and is not beneficed or licensed to any other parish, the parochial church council with the concurrence of the minister has declared him to be a habitual worshipper in the parish, such declaration being effective until the conclusion of the annual meeting in the year in which a new roll is prepared under rule 2 or his ceasing to be a habitual worshipper in the parish whichever is the earlier, but without prejudice to a renewal of such declaration; or

(d) if he is a co-opted member of the parochial church council in accordance with rule 12(1)(g).]

[F35 (4) Without prejudice to paragraphs (2) and (3) of this rule—

(a) all the members of the team of a team ministry shall be entitled to attend, and take part in the proceedings of, the annual meeting of the parish or each of the parishes in the area of the benefice for which the team ministry is established, and where the area of a group ministry includes the area of a benefice for which a team ministry is established, all the vicars in that ministry shall be entitled to attend, and take part in the proceedings of, the annual meeting of each of the other parishes in the area for which the group ministry is established;

(b) all the incumbents and priests in charge in a group ministry shall be entitled to attend, and take part in the proceedings of, the annual meeting of each of the parishes in the area for which the group ministry is established.

(5) Where two or more benefices are held in plurality and a team ministry is, or is to be, established for the area of one of those benefices, then, if a pastoral scheme provides for extending the operation of the team ministry, so long as the plurality continues, to the area of any other benefice so held, paragraph (4) of this rule shall have effect as if the references to the area of the benefice were references to the combined area of the benefices concerned.]

Textual Amendments

F32 Rule 5(3)(b) (as originally enacted) repealed by S.I. 1981/959, para. 2(1)

F33 Rule 5(3)(c) re-lettered “b” by S.I. 1984/1039, para. 4

F34 Rule 5(3)(c)(d) inserted by S.I. 1984/1039, para. 4

F35 Rule 5(4)(5) inserted by S.I. 1981/959, para. 2(2)

Convening of Meeting E

6 (1) The annual meeting shall be convened by the minister of the parish by a notice in the form set out in section 4 of Appendix 1 to these rules affixed on or near to the principal door of every church in the parish and every building licensed for public worship in the parish, for a period including the last two Sundays before the day of the meeting.

(2) The annual meeting shall be held at such place on such date and at such hour as shall be directed by the previous annual meeting, or by the parochial church council (which may vary any direction given by a previous annual meeting) or in the absence of any such direction as shall be appointed by the minister.

(3) During the vacancy of the benefice or curacy or when the minister is absent or incapacitated by illness or any other cause, the vice-chairman of the parochial church council, or if there is no vice-chairman, or if he is unable or unwilling to act, the secretary of or some other person appointed by that council shall have all the powers vested in the minister under this rule.

(4) The annual meeting shall be held at a place within the parish unless the parochial church council decide otherwise.

[F36 (5) The minister of a new parish created by a pastoral scheme, or, in the absence of the minister, a person appointed by the bishop, shall as soon as possible after the scheme comes into operation convene a special parochial church meeting, and, subject to paragraph (6) of this rule, the provisions of these rules relating to the convening and conduct of the annual general meeting shall apply to a special meeting convened under this paragraph.

(6) A special meeting so convened and held in the month of November or the month of December may, if the meeting so resolves, be for all purposes under these rules the annual meeting for the succeeding year, and a special meeting so convened shall in any event be for all such purposes the annual meeting for the year in which it is so convened and held.]

Textual Amendments

F36 Rule 6(5)(6) inserted by S.I. 1981/959, para. 3

Chairman E

7

7 [F37 (1) The minster, if present, or, if he is not present, the vice-chairman of the parochial church council, or, subject to paragraph (2) of this rule, if he also is not present, a chairman chosen by the annual meeting shall preside thereat.

(2) Where a parish is in the area of a benefice for which a team ministry is established, and a vicar in that ministry is entitled to preside at an annual meeting of that parish by virtue of a provision in a pastoral scheme or the bishop’s licence assigning to the vicar the duties, or a share in the duties, of the chairmanship of the annual meeting of that parish, then, if both he and the vice-chairman of the parochial church council are not present at that meeting, but the rector in that ministry is present, the rector shall preside thereat.]

[F38 (3)] In case of an equal division of votes, the chairman of the meeting shall have a second or casting vote [F39 unless it is a case where rule 10(8) applies]; but no clerical chairman shall have a vote in the election of the parochial representatives of the laity.

Textual Amendments

F37 Rule 7(1)(2) substituted for first sentence of rule 7 by S.I. 1981/959, para. 4(1)

F38 Second sentence of rule 7 numbered para. (3) by S.I. 1981/959, para. 4(2)

F39 Words inserted by S.I. 1973/1865, para. 6

Business E

8 (1) The annual meeting shall receive from the parochial church council and shall be free to discuss:—

(a) a copy or copies of the roll;

(b) an annual report on the proceedings of the parochial church council;

(c) an annual report on the financial affairs of the parish;

(d) the audited accounts of a report on the proceedings of the deanery synod.

(e) an audited statement of the funds and property, if any, remaining in the hands of the parochial church council at the said date;

(f) a report upon the fabric, goods and ornaments of the church or churches of the parish [F40 , under section 5 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991]; and

(g) a report on the proceedings of the deanery synod.

(2) The council shall cause a copy of the said audited accounts and the said audited statement to be affixed on or near the principal door of every church in the parish and every building licensed for public worship in the parish at least seven days before the annual meeting.

(3) Such accounts and statement shall be submitted to the annual meeting for approval. If approved, they shall be signed by the chairman of the meeting, who shall then deliver them to the parochial church council for publication, and the parochial church council shall forthwith cause them to be published and affixed [F41 for a period of at least fourteen days] on or near the principal door of every church in the parish and every building licensed for public worship in the parish and at such other conspicuous place or places in the parish as the parochial church council think appropriate [F42 and shall cause a copy to be sent to the secretary of the diocesan board of finance].

(4) The annual meeting shall in the manner provided by rule 10 of these rules:—

(a) elect in every third year parochial representatives of the laity to the deanery synod;

(b) elect parochial representatives of the laity to the parochial church council;

(c) elect sidesmen;

and the elections shall be carried out in the above order.

(5) The annual meeting shall appoint the auditors to the council.

[F43 (6) Without prejudice to the foregoing provisions and rule 6(6), a special parochial church meeting convened under rule 6(5) shall, in addition to other business,—

(a) decide on the number of members of the parochial church council who are to be the elected representatives of the laity;

(b) elect in the manner provided by rule 10 parochial representatives of the laity to the deanery synod, if such representatives are required to be elected in the year for which that meeting is the annual meeting by virtue of rule 6(6).]

[F44 (7)] Any person entitled to attend the annual meeting may ask any question about parochial church matters, or bring about a discussion of any matter of parochial or general interest, by moving a general resolution or by moving to give any particular recommendation to the council in relation to its duties.

[F44 (8)] The annual meeting shall have power to adjourn and to determine its own rules of procedure.

[F44 (9)] The secretary of the parochial church council (or another person appointed by the meeting in his place) shall act as a clerk of the annual meeting, and shall record the minutes thereof.

Textual Amendments

F40 Words in Sch. 3 rule 8(1)(f) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 28:1), s. 32(1), Sch. 7 para. 4(a) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York

F41 Words inserted by S.I. 1984/1039, para. 5(1)

F42 Words inserted by S.I. 1984/1039, para. 5(2)

F43 Rule 8(6) inserted by S.I. 1981/959, para. 5

F44 Rule 8(7)(8)(9) (originally (6)(7)(8)) renumbered by S.I.1981/959, para. 5

Qualifications of persons to be chosen or elected by annual meetings E

9 (1) [F45 Subject to the provisions of rule 1(3)] the qualifications of a person to be elected a parochial representative of the laity to either of the bodies referred to in the last preceding rule are that—

(a) his name is entered on the roll of the parish; and

(b) he is an actual communicant member of the Church of England or, in the case of election to the parochial church council, [F46 an actual communicant member of any] Church in communion with the Church of England; and

(c) [F47 in the case of election to the parochial church council, he is of seventeen years or upwards, and]in the case of election to the deanery synod, he is [F48 eighteen years or upwards]:

Provided that—

(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(ii)

the registrar of the diocese shall not be qualified for election to any of the said bodies in that diocese.

[F50 (1A) Notwithstanding paragraph (1) hereof, a baptised person who—

(a) is of communicant status in another Church which subscribes to the doctrine of the Holy Trinity; and

(b) is in good standing in that Church; and

(c) is an habitual worshipper and a communicant at the parish church or at some other building licensed for public worship in the parish; and

(d) is of seventeen years and upwards,

may, with the prior permission of the bishop, be nominated for election as a parochial representative of the laity to the parochial church council.

Provided that at least two-thirds of the parochial representatives of the laity to the parochial church council shall have the qualifications set out in paragraph (1) hereof.]

[F51 (1B) A baptised person who has the qualifications in sub-paragraphs (a) to (c) of paragraph (1A) of this rule and who—

(a) is of eighteen years and upwards; and

(b) is either a member of the parochial church council by virtue of paragraph (1A) above or a member of a local ecumenical project of which the parish forms part,

may be nominated for election as a parochial representative of the laity to the deanery synod.]

(2) The qualification of a person to be elected a sidesman is that his name is entered on the roll of the parish.

(3) No person shall be elected under the last preceding rule unless he has signified his consent to serve or there is in the opinion of the meeting sufficient evidence of his willingness to serve.

Textual Amendments

F45 Words inserted by S.I. 1973/1865, para. 7(a)

F46 Words substituted by S.I. 1973/1865, para. 7(b)

F47 Words inserted by S.I. 1980/178, para. 2

F48 Words substituted by S.I. 1973/1865, para. 7(c)

F49 Rule 9(1)(c) proviso (i) repealed by S.I. 1973/1865, para. 7(d)

F50 Rule 9(1A) inserted by S.I. 1984/1040, para. 1

F51 Sch. 3 rule 9(1B) inserted by S.I. 1989/2095, para. 1

Conduct of Elections at Annual Meetings E

10 (1) [F52 Subject to the provisions of any scheme made under rule 10A and for the time being in force] this rule shall apply to all elections at annual meetings.

(2) All candidates for election at an annual meeting must be nominated and seconded by persons entitled to attend the annual meeting, and in the case of parochial representatives of the laity, by persons whose names are entered on the roll of the parish. A candidate shall be nominated or seconded either before the meeting in writing or at the meeting.

(3) If the number of candidates nominated is not greater than the number of seats to be filled, the candidates nominated shall forthwith be declared elected.

(4) If more candidates are nominated than there are seats to be filled, the election shall take place at the annual meeting.

(5) No clerk in Holy Orders shall be entitled to vote in the election of any parochial representatives of the laity.

(6) Each person entitled to vote shall have as many votes as there are seats j to be filled but may not give more than one vote to any one candidate.

(7) Votes may be given:—

(a) on voting papers, which must be signed by the voter [F53 on the reverse thereof]; or

(b) if no person present objects thereto, by show of hands.

(8) Where 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.

(9) The result of any election by an annual meeting shall be announced as soon as practicable by the person presiding over the election, and a notice of the result shall in every case be affixed on or near the principal door of every church in the parish and every building licensed for public worship in the parish, and shall bear the date on which the result is declared. The notice shall remain affixed for not less than fourteen days. [F54 Thereafter the secretary of the parochial church council shall hold a list of the names and addresses of the members of the council which shall be available for inspection on reasonable notice being given by any person who either is resident in the parish or has his name on the electoral roll, but the secretary shall not be bound to provide a copy of such list.]

[F55 (10) Names and addresses, of parochial representatives of the laity elected to the deanery synod shall be sent by the secretary of the parochial church council to the diocesan electoral registration officer appointed in accordance with rule 23A of these rules and to the secretary of the deanery synod.]

Textual Amendments

F52 Words inserted by S.I. 1980/178, para. 3(1)

F53 Words inserted by S.I. 1980/178, para. 3(2)

F54 Words added by S.I. 1989/2094, para. 1(1)

F55 Sch. 3 rule 10(10) substituted by S.I. 1989/2094, para. 1(2)

[F56 Variation of method of election by scheme] E

Textual Amendments

F56 Rule 10A and heading inserted by S.I. 1980/178, para. 3(1)

10A (1) The annual meeting may make a scheme which provides that the election of parochial representatives of the laity to the parochial church council or to the deanery synod or to both that council and that synod shall be conducted [F57 by the method of the single transferable vote] under rules, with the necessary modifications, made by the General Synod under rule 33(4) and for the time being in force.

[F58 (2) The annual meeting may make a scheme which provides that any person entitled to attend the annual meeting and vote in the elections of parochial representatives of the laity to the parochial church council or to the deanery synod or to both that council and that synod may make application in the form set out in section 4A of Appendix I for a postal vote.

(3) Where applications for postal votes have been received by the date specified in the notice convening the annual meeting and where the number of candidates nominated for an election referred to in paragraph (2) of this rule is greater than the number of seats to be filled, the annual meeting shall appoint a presiding officer who shall not be a candidate in the election. Voting papers shall be distributed to each person present at the meeting entitled to vote and completed papers shall be returned into the custody of the presiding officer before the close of the meeting. The presiding officer shall ensure that persons who have made application for a postal vote shall be sent or have delivered a voting paper within 48 hours of the close of the meeting such paper to be returned to the presiding officer within such period of not less than 7 days nor more than 14 days from the date of the meeting as the presiding officer shall specify.]

[F59 (4)] No scheme under this rule shall be valid unless approved by at least two-thirds of the persons present and voting at the annual meeting nor shall it be operative unitl the next ensuing annual meeting. Every such scheme shall, on its approval, be communicated to the . . . F60 bishop’s council and standing committee [F61 of the diocesan synod which shall consider the scheme, determine whether or not the scheme shall come into operation and inform the secretary of the parochial church council of its decision][F62 and, if the determination is that the scheme should not come into operation, the reasons for that determination in writing.].

Textual Amendments

F57 Words substituted by S.I. 1984/1039, para. 6(1)

F58 Sch. 3 rule 10A(2)(3) inserted by S.I. 1989/2094, para. 1(3)

F59 By S.I. 1989/2094, para. 1(3) the existing para. (2) of rule 10A is re-numbered (4)

F60 Words repealed by S.I. 1984/1039, para. 6(2)

F61 Words substituted by S.I. 1984/1039, para. 6(3)

F62 Words inserted by S.I. 1989/2094, para. 1(3)

Conduct of Elections of Churchwardens E

11 (1) If elections of churchwardens take place at meetings of parishioners under section 3 of the M4 Churchwardens (Appointment and Resignation) Measure 1964 either because there has been no joint consent under section 2 of that Measure or because there is no minister, the elections shall be conducted, announced and notified in the same manner as elections under [F63 rule 10] except that all persons entitled to attend the meeting of parishioners other than the minister shall be entitled to nominate and vote at such elections of churchwardens.

(2) The Churchwardens (Appointment and Registration) Measure 1964 shall be amended as follows:—

(a) in section 2(1) for words “not later in the year than during the week following Easter week” there shall be substituted the words “not later than the 30th April in each year”;

(b) sections 4, 5, 6 and 11(3) shall be repealed; and

(c) section 3(6) shall not apply to elections of churchwardens.

Textual Amendments

F63 Words substituted by S.I. 1984/1039, para. 7

Modifications etc. (not altering text)

C4 The text of s. 6 and Sch. 3 rule 11(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1964 No. 3 (21:6).

Parochial Church Council Members E

12 (1) [F64 Subject to the provisions of rule 1(3)] the parochial church council shall consist of:—

(a) all clerks in Holy Orders beneficed in or licensed to the parish, . . . F65

[F66 (b) any deaconess or lay worker licensed to the parish;]

[F67 (bb) in the case of a parish in the area of a benefice for which a team ministry is established, all the members of the team of that ministry;]

(c) the churchwardens, being actual communicant members of the Church of England whose names are on the roll of the parish;

[F68 (d) such, if any, of the readers whose names are on the roll of the parish as the annual meeting may determine;]

(e) all persons whose names are on the roll of the parish and who are lay members of any deanery synod, diocesan synod or the General Synod;

(f) such number of representatives of the laity as the annual meeting may decide, and so that the number determined may be altered from time to time by a resolution passed at any annual meeting, but such resolution shall not take effect before the next ensuing annual meeting; and

(g) co-opted members, if the parochial church council so decides, not exceeding in number one-fifth of the representatives of the laity elected under the last preceding sub-paragraph of this paragraph [F69 or two persons whichever shall be the greater,], and being either clerks in Holy Orders or actual lay communicant members of the Church of England of seventeen years of age or upwards. The term of office of a co-opted member shall be until the conclusion of the next annual meeting; but without prejudice to his being co-opted on subsequent occasions for a similar term, subject to and in accordance with the provisions of these rules.

[F70 (1A) Any person chosen, appointed or elected as a churchwarden of a parish, being an actual communicant member of the Church of England whose name is on the roll of the parish, shall as from the date on which the choice, appointment or election, as the case may be, is made be a member of the parochial church council of the parish by virtue of this paragraph until he is admitted to the office of churchwarden, and he shall thereafter continue to be a member of that council by virtue of sub-paragraph (c) of paragraph (1) of this rule unless and until he ceases to be qualified for membership by virtue of that sub-paragraph.]

[F71 (2) If—

(a) the name of any person, being an elected representative of the laity, is removed from the roll of the parish under rule 1, or

(b) any such person refuses or fails to apply for enrolment when a new roll for the parish is being prepared,

that person shall cease to be a member of the parochial church council of the parish on the date on which his name is removed from the roll or, as the case may be, on the date on which the new roll is completed, but the preceding provisions are without prejudice to any right which that council may have to make that person a co-opted member.]

(3) Where a group ministry is established the incumbents of all benefices in the group [F72 every priest in charge of any benefice therein and where the area of the group ministry includes the area of a benefice for which a team ministry is established, all the vicars in that ministry] shall be entitled to attend meetings of the parochial church councils of all the parishes in the area for which the group ministry is established. They shall be entitled to receive documents circulated to members of councils of which they are not themselves members and to speak but not to vote at meetings of such councils.

[F73 (4) Where two or more benefices are held in plurality and a team ministry is, or is to be, established for the area of one of those benefices, then, if a pastoral scheme provides for extending the operation of the team ministry, so long as the plurality continues, to the area of any other benefice so held, paragraphs (1)(bb) and (3) of this rule shall have effect as if the references to the area of the benefice were references to the combined area of the benefices concerned.]

Textual Amendments

F64 Words inserted by S.I. 1980/178, para. 4(1)

F65 Words repealed by S.I. 1981/959, para. 6(1)

F66 Rule 12(1)(b) substituted by S.I. 1984/1039, para. 8

F67 Rule 12(1)(bb) inserted by S.I. 1981/959, para. 6(1)

F68 Rule 12(1)(d) substituted by S.I. 1973/1865, para. 8

F69 Words inserted by S.I. 1989/2094, para. 2

F70 Rule 12(1A) inserted by S.I. 1980/178, para. 4(2)

F71 Rule 12(2) substituted by S.I. 1980/178, para. 4(3)

F72 Words inserted by S.I. 1981/959, para. 6(2)

F73 Rule 12(4) inserted by S.I. 1981/959, para. 6(3)

General Provisions relating to Parochial Church Councils E

13 The provisions in Appendix II to these rules shall have effect with respect to parochial church councils, and with respect to the officers, the meetings and the proceedings thereof:

Provided that a parochial church council may, with the consent of the diocesan synod, vary the said provisions, in their application to the council.

Term of office E

14 [F74 (1)] Representatives of the laity on the parochial church council of a parish shall hold office from the conclusion of the annual meeting until the conclusion of the next annual meeting of the parish:

Provided that the annual meeting may decide that one-third only (or the number nearest to one-third) of the representatives of the laity elected to the council shall retire from office in every year. In any case where it is so decided, the representatives of the laity to retire from office at each annual meeting shall be those who have been longest in office since last elected, and as between representatives of the laity elected on the same day, those to retire shall (unless they otherwise agree among themselves) be selected by lot. A representative of the laity shall in any event retire at the conclusion of the third annual meeting after that at which he was elected.

[F74 (2) Persons who are members of a parochial church council by virtue of their election as lay members of a deanery synod shall hold office for a term beginning with the date of their election and ending with the 31st May next following the election of their successors.]

Textual Amendments

F74 “(1)” inserted, and rule 14(2) added by S.I. 1973/1865, para. 9

Limitation on years of service E

15 The annual meeting may decide that no representative of the laity on the parochial church council may hold office for more than a specified number of years continuously and may also decide that after a specified interval a person who has ceased to be eligible by reason of such decision may again stand for election as a representative of the laity on the council.

Parishes with more than one Place of Worship E

16 (1) In any parish where there are two or more churches or [F75 places of worship] the annual meeting may make a scheme, [F76 which makes provision for either or both of the following purposes, that is to say]:—

(a) for the election of representatives of the laity to the parochial church council in such manner as to ensure due representation of the congregation of each such church or [F77 place][F78 and]

[F79 (b) for the election by the annual meeting for any district in the parish in which a church or place of worship is situated of a district church council for that district]

(2) A scheme for the election of any district church council or councils under the preceding paragraph shall provide for the election of representatives of the laity on to such council, for ex-officio members and for the chairmanship of such council and shall contain such other provisions as to membership and procedure as shall be considered appropriate by the annual meeting.

(3) Such a scheme may also provide for the delegation by the parochial church council to a district church council of such functions as it may specify and subject to the scheme the parochial church council may delegate to a district church council such of its functions as it shall think fit [F80 but not including (in either case) the functions of a parochial church council as interested parties under Part I of the Pastoral Measure [F81 1983][F82 or the functions of a parochial church council under Part II of the Patronage (Benefices) Measure 1986]][F83 or section 3 of the Priests (Ordination of Women) Measure 1993].

(4) [F84 A scheme may] provide for the election or choice of one or two deputy churchwardens . . . F85 , and for the delegation to him or them of such functions of the churchwardens relating to [F86 any church or place] as the scheme may specify, and the churchwardens may, subject to the scheme, delegate such of their said functions as they think fit to the deputy churchwarden or churchwardens.

[F87 (5) No scheme under this rule shall be valid unless approved by at least two-thirds of the persons present and voting at the annual meeting nor shall the scheme provide for it to come into operation until such date as the bishop’s council and standing committee may determine being a date not later than the next ensuing annual meeting. Every such scheme shall on its approval be communicated to the bishop’s council and standing committee of the diocesan synod which may determine—

(a) that the scheme shall come into operation; or

(b) that the scheme shall not come into operation; or

(c) that the scheme shall come into operation with specified amendments, if such amendments are approved by an annual or special parochial church meeting and the scheme as amended is approved by at least two-thirds of the persons present and voting at that meeting.]

[F88 (5A) A special parochial church meeting of a parish to which this rule applies may be convened for the purpose of deciding whether to make such a scheme, and where such a meeting is convened the foregoing provisions shall have effect with the substitution for references to the annual meeting of references to the special meeting.]

[F89 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90

[F91 (6)] Where a pastoral scheme establishing a team minstry, or an instrument of the bishop made by virtue of that scheme, makes, in relation to a parish in the area of the benefice for which the team ministry is established, any provision which may be made by a scheme under this rule, no scheme under this rule relating to that parish shall provide for the scheme to come into operation until on or after the date on which the provisions in question of the pastoral scheme or of the instrument, as the case may be, cease to have effect.

[F91 (7)] A scheme under this rule may by varied or revoked by a subsequent scheme thereunder.

[F91 (8)] Every member of the team of a team ministry shall have a right to attend the meetings of any district church council elected for any district in a parish in the area of the benefice for which the team ministry is established.

[F91 (9)] This rule shall be without prejudice to the appointment, in parishes with more than one parish church, of two church-wardens for each church under section [F92 27(5) of the M5 Pastoral Measure 1983].

[F91 (10)] In this rule “place of worship” means a building or part of a building licensed for public worship.]

Textual Amendments

F75 Words substituted by S.I. 1981/959, para. 7(1).

F76 Words substituted by S.I. 1973/1865, para. 10(a).

F77 Word substituted by S.I. 1981/959, para. 7(1).

F78 Word substituted by S.I. 1973/1865, para. 10(b).

F79 Rule 16(1)(b) substituted by S.I. 1981/959, para. 7(2).

F80 Words inserted by S.I. 1981/959, para. 7(3).

F81 Word substituted by S.I. 1984/1039, para. 9.

F82 Words inserted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 13(a).

F83 Words in Sch. 3 rule 16(3) inserted (1.2.1994) by 1993 Measure No. 2, s. 10, Sch. 3 para. 3(a); Instrument dated 31.1.1994 made by Archbishops of Canterbury and York.

F84 Words substituted by S.I. 1984/1039, para. 9(2).

F85 Words repealed by S.I. 1984/1039, para. 9(3).

F86 Words substituted by S.I. by virtue of S.I. 1984/1039, para. 9(4).

F87 Rule 16(5) substituted by S.I. 1984/1039, para. 9(5).

F88 Sch. 3 rule 16(5A) inserted by S.I. 1989/2094, para. 3.

F89 Rule 16(6)–(11) substituted for rule 16(6) by S.I. 1981/959, para. 7(5).

F90 Sch. 3 rule 16(6) repealed by S.I. 1984/1039, para. 9(6).

F91 Rule 16(6) to (10) (originally (7) to (11)) renumbered by S.I. 1984/1039, para. 9(6).

F92 Words substituted by S.I. 1984/1039, para. 9(7).

Marginal Citations

M5 1983 No. 1 (21:4).

Joint Parochial Church Councils E

[F93 17 (1) Where there are two or more parishes within the area of a single benefice or two or more benefices are held in plurality, the annual meetings of all or some of the parishes in the benefice or benefices may make a joint scheme to provide—

(a) for establishing a joint parochial church council (hereinafter referred to as “the joint council”) comprising the ministers of the parishes and such numbers of representatives of each of those parishes elected by and from among the other members of the parochial church council of the parish as may be specified in the scheme;

(b) for the chairmanship, meetings and procedure of the joint council;

(c) [F94 subject to paragraph 20 of Schedule 2 to the Patronage (Benefices) Measure 1986] for the delegation by the parochial church council of each such parish to the joint council of such of its functions, other than its functions as an interested party under Part I of the Pastoral Measure [F95 1983][F96 and its functions under section 3 of the Priests (Ordination of Women) Measure 1993], as may be so specified.

(2) Subject to the scheme and to any pastoral scheme or order made under paragraph 13 of Schedule 3 to the said Measure [F97 and to paragraph 20 of Schedule 2 to the Patronage (Benefices) Measure 1986], the parochial church council of any such parish may delegate to the joint council such of its functions, other than its functions as an interested party under the said Part 1 [F98 and its functions under section 3 of the Priests (Ordination of Women) Measure 1993], as it thinks fit.

(3) The joint council shall meet from time to time for the purpose of consulting together on matters of common concern.

[F99 (4) No scheme under this rule shall be valid unless approved by at least two-thirds of the persons present and voting at the annual meeting nor shall the scheme provide for it to come into operation until such date as the bishop’s council and standing committee may determine being a date not later than the next ensuing annual meeting. Every such scheme shall on its approval be communicated to the bishop’s council and standing committee of the diocesan synod which may determine—

(a) that the scheme shall come into operation; or

(b) that the scheme shall not come into operation; or

(c) that the scheme shall come into operation with specified amendments, if such amendments are approved by an annual or special parochial church meeting and the scheme as amended is approved by at least two-thirds of the persons present and voting at the meeting.]

(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

[F101 (5)] A special parochial church meeting of a parish to which this rule applies may be convened for the purpose of deciding whether to join in making such a scheme, and where such a meeting is convened the foregoing provisions shall have effect with the substitution for references to the annual meeting of references to the special meeting.

[F101 (6)] Where a pastoral scheme or order, or any instrument of the bishop made by virtue of such a scheme or order, establishes a joint parochial church council for two or more of the parishes in a single benefice or two or more of the parishes in benefices held in plurality, no scheme under this rule relating to those parishes shall provide for the scheme to come into operation until on or after the date on which the provisions of the pastoral scheme, pastoral order or instrument, as the case may be, establishing the joint parochial church council cease to have effect.

[F101 (7)] Where the provisions of a pastoral scheme or order for the holding of benefices in plurality are terminated under section [F102 18(2) of the Pastoral Measure 1983], any provision of a scheme under this rule establishing a joint parochial church council for all or some of the parishes of those benefices and the other provisions thereof affecting that council shall cease to have effect on the date on which the first mentioned provisions cease to have effect.

[F101 (8)] A scheme under this rule may be varied or revoked by a subsequent scheme thereunder to be.]

Textual Amendments

F93 Rule 17 substituted by S.I. 1981/959, para. 8

F94 Words inserted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 13(b)(i).

F95 Word substituted by S.I. 1984/1039, para. 10(1)

F96 Words in Sch. 3 rule 17(1)(c) inserted (1.2.1994) by 1993 Measure No. 2, s. 10, Sch. 3 para. 3(b)(i); Instrument dated 31.1.1994 made by Archbishops of Canterbury and York.

F97 Words inserted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 13(b)(ii).

F98 Words in Sch. 3 rule 17(2) inserted (1.2.1994) by 1993 Measure No. 2, s. 10, Sch. 3 para. 3(b)(ii); Instrument dated 31.1.1994 made by Archbishops of Canterbury and York.

F99 Rule 17(4) substituted by S.I. 1984/1039, para. 10(2)

F100 Rule 17(5)(6) (as substituted by S.I. 1981/959, para. 8) repealed by S.I. 1984/1039, para 10(3).

F101 Rule 17(5) to (8) (originally (7) to (10)) renumbered by S.I. 1984/1039, para. 10(3).

F102 Words substituted by S.I. 1984/1039, para. 10(4).

[F103 Team councils] E

Textual Amendments

F103 Rules 17A, 17B inserted by S.I. 1981/959, para. 9(1)

[F104 17A (1) Where a team ministry is established for the area of a benefice which comprises more than one parish the annual meetings of the parishes in that area may make a joint scheme to provide—

(a) for establishing a team council comprising—

(i) all the members of the team;

(ii) every assistant curate, deaconess and lay worker licensed to any such parish; and

(iii) such number of lay representatives elected by and from among the lay representatives of the parochial church council of each parish in the area as may be specified in the scheme;

(b) for the chairmanship, meetings and procedure of the team council; and

(c) [F105 subject to paragraph 19 of Schedule 2 to the Patronage (Benefices) Measure 1986] for the delegation by the parochial church council of each such parish to the team council of such functions, other than its functions as an interested party under Part I of the Pastoral Measure [F106 1983][F107 as may be so specified][F108 and its functions under section 3 of the Priests (Ordination of Women) Measure 1993, as may be so specified]

(2) Subject to the scheme and to any pastoral scheme relating to the team council made under [F109 paragraph 4(3)] of Schedule 3 to the said Measure [F110 and to paragraph 19 of Schedule 2 to the Patronage (Benefices) Measure 1986], the parochial church council of any such parish may delegate to the team council such of its functions, other than its functions as an interested party under the said Part I [F111 and its functions under section 3 of the Priests (Ordination of Women) Measure 1993], as it thinks fit.

(3) The team council shall meet from time to time for the purpose of consulting together on matters of common concern.]

[F112 (4) No scheme under this rule shall be valid unless approved by at least two-thirds of the persons present and voting at the annual meeting nor shall the scheme provide for it to come into operation until such date as the bishop’s council and standing committee may determine being a date not later than the next ensuing annual meeting. Every such scheme shall on its approval be communicated to the bishop’s council and standing committee of the diocesan synod which may determine—

(a) that the scheme shall come into operation; or

(b) that the scheme shall not come into operation; or

(c) that the scheme shall come into operation with specified amendments, if such amendments are approved by an annual or special parochial church meeting and the scheme as amended is approved by at least two-thirds of the persons present and voting at that meeting.]

(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

[F114 (5)] A special parochial church meeting of a parish to which this rule applies may be convened for the purpose of deciding whether to join in making such a scheme, and where such a meeting is convened the foregoing provisions shall have effect with the substitution for references to the annual meeting of references to the special meeting.

[F114 (6)] Where a pastoral scheme establishing a team ministry, or an instrument of the bishop made by virtue of that scheme, establishes a team council for that ministry, no scheme under this rule relating to that ministry shall provide for the scheme to come into operation until on or after the date on which the provisions of the pastoral scheme or of the instrument, as the case may be, establishing the team council to have effect.

[F114 (7)] A scheme under this rule may be varied or revoked by a subsequent scheme thereunder to be.

Textual Amendments

F104 Rule 17A(4) substituted by S.I. 1984/1039, para. 11(2).

F105 Words inserted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 13(c)(i).

F106 Word substituted by S.I. 1984/1039, para. 11(1).

F107 Words inserted by S.I. 1989/2094, para. 4(1).

F108 Words in Sch. 3 rule 17A(1)(c) inserted (1.2.1994) by 1993 Measure No. 2, ss. 10, 12(2), Sch. 3 para. 3(c)(i); Instrument dated 31.1.1994 made by Archbishops of Canterbury and York.

F109 Words substituted by S.I. 1989/2094, para. 4(2).

F110 Words inserted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 13(c)(ii).

F111 Words in Sch. 3 rule 17A(2) inserted (1.2.1994) by 1993 Measure No. 2, ss. 10, 12(2), Sch. 3 para. 3(c)(ii); Instrument dated 31.1.1994 made by Archbishops of Canterbury and York.

F112 Rule 17A(4) substituted by S.I. 1984/1039, para. 11(2).

F113 Rule 17A(5)(6) (as inserted by S.I. 1981/959, para. 9(1)) repealed by S.I. 1984/1039, para. 11(3).

F114 Rule 17A(5) to (7) (originally (7) to (9)) renumbered by S.I. 1984/1039, para. 11(3).

Modifications etc. (not altering text)

C5 In rule 17A(2) as originally passed the reference to the said measure was a reference to the Pastoral Measure 1968.

[F115 Group councils] E

Textual Amendments

F115 Crossheading and rules 17A, 17B inserted by S.I. 1981/959, para. 9(1)

17B (1) Where a pastoral scheme establishes a group ministry, the annual meetings of the parishes in the area for which the group ministry is established may make a joint scheme to provide—

(a) for establishing a group council comprising—

(i) all the members of the group ministry,

(ii) every assistant curate, deaconess, and lay worker licensed to any such parish, and

(iii) such number of lay representatives elected by and from among the lay members of the parochial church council of each such parish as may be specified in the scheme;

(b) for the chairmanship, meetings and procedure of the group council; and

(c) for the delegation by the parochial church council of each such parish to the group council of such functions, other than its functions as an interested party under Part I of the Pastoral Measure [F116 1983][F117 and its functions under Part II of the Patronage (Benefices) Measure 1986][F118 and section 3 of the Priests (Ordination of Women) Measure 1993] as may be so specified.

(2) If the area of a group ministry includes the area of a benefice for which a team ministry is established, a scheme under this rule shall provide for the vicars in that ministry, as well as the rector, and all the other members of the team to be members of the group council.

(3) Paragraphs (2) to [F119 (7)] of rule 17A shall apply in relation to a scheme under this rule as they apply in relation to a scheme under this rule as they apply in relation to a scheme under that rule with the modification that for the references toa team ministry and a team council there shall be substituted references to a group ministry and a group council respectively [F120 except that the functions of a parochial church council under Part II of the Patronage (Benefices) Measure 1986 [F121 and section 3 of the Priests (Ordination of Women) Measure 1993] may not be delegated to a group council].

Textual Amendments

F116 Word substituted by S.I. 1984/1039, para. 12(1).

F117 Words inserted by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 13(d)(i).

F118 Words in Sch. 3 rule 17B(1)(c) inserted (1.2.1994) by 1993 Measure No. 2, s. 10, Sch. 3 para. 3(d)(i); Instrument dated 31.1.1994 made by Archbishops of Canterbury and York.

F119 Word substituted by S.I. 1984/1039, para. 12(2).

F120 Words added by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(1), Sch. 4 para. 13(d)(ii).

F121 Words in Sch. 3 rule 17B(3) inserted (1.2.1994) by 1993 Measure No. 2, s. 10, Sch. 3 para. 3(d)(ii); Instrument dated 31.1.1994 made by Archbishops of Canterbury and York.

[F122 Special Meetings] E

Textual Amendments

F122 Sch. 3 rules 18 and 18A substituted for rule 18 by S.I. 1989/2094, para. 5

18 (1) In addition to the annual meeting the minister of a parish may convene a special parochial church meeting, and he shall do so on a written representation by not less than one-third of the lay members of the parochial church council; and the provisions of these rules relating to the convening and conduct of the annual meeting shall, with the necessary modifications, apply to a special parochial church meeting.

(2) All lay persons whose names are entered on the roll of the parish on the day which is twenty-one clear days before the date on which any special parochial church meeting is to be held shall be entitled to attend the meeting and to take part in its proceedings, and no other lay person shall be so entitled.

(3) A clerk in Holy Orders shall be entitled to attend any such meeting and to take part in its proceedings if by virtue of rule 5(3), (4) or (5) he would have been entitled to attend the annual meeting of the parish had it been held on the same date, and no other such clerk shall be so entitled.

Extraordinary Meetings E

18A (1) On a written representation made to the archdeacon by not less than one-third of the lay members of the parochial church council, or by one tenth of the persons whose names are on the roll of the parish, and deemed by the archdeacon to have been made with sufficient cause, the archdeacon shall convene an extraordinary meeting of the parochial church council or an extraordinary parochial church meeting, and shall either take the chair himself or shall appoint a chairman to preside. The chairman, not being otherwise entitled to attend such meeting, shall not be entitled to vote upon any resolution before the meeting.

(2) In any case where the archdeacon is himself the minister, any representation under paragraph (1) of this rule shall be made to the bishop, and in any such case the references to the archdeacon in paragraph (1) of this rule shall be construed as references to the bishop, or to a person appointed by him to act on his behalf.

(3) Paragraphs (2) and (3) of rule 18 shall apply in relation to an extraordinary parochial church meeting under this rule as they apply in relation to a special parochial church meeting under that rule with the modification that for the word “special” in paragraph (2) there shall be substituted the word “extraordinary”.

Part III E Deanery Synods

Membership E

19 (1) A deanery synod shall consist of a house of clergy and a house of laity.

(2) The members of the house of clergy of a deanery synod shall consist of—

(a) the clerks in Holy Orders beneficed in or licensed to any parish in the deanery;

(b) any clerks in Holy Orders licensed to institutions in the deanery under the M6 Extra-Parochial Ministry Measure 1967;

(c) any clerical members of the General Synod or diocesan synod resident in the deanery;

(d) such other clerks in Holy Orders holding the bishop’s licence and resident or working in any part of the deanery as may be determined by or in accordance with a resolution of the diocesan synod.

[F123 (e) one retired clerk in Holy Orders who has attained the retiring age within the meaning of the M7 Clergy Pensions Measure 1961 at the relevant date, chosen in such manner as may be approved by the bishop by and from among the retired clerks in Holy Orders who have attained that age at that date, are resident in the deanery and are not licensed to any parish in the deanery or to any institution therein under the said Measure of 1967.]

[F124 (2A) Where an extra parochial place is not in a deanery it shall be deemed for the pruposes of these rules to belong to the deanery which it abuts and if there is any doubt in the matter a determination shall be made by the bishop’s council and standing committee.]

[F125 (2B) For the purposes of [F126 paragraph (2)(e) above] the relevant date shall be the 31st December in the year immdiately preceding any eleciton of the parochial representatives of the laity, and as soon as possible after that date the rural dean of the deanery shall inform the bishop of the number of clerks in Holy Orders who are qualified for membership of the deanery synod by virtue of that sub-paragraph.]

[F127 (2C) Not later than 1st July following the election of parochial representatives of the laity to the deanery synod the secretary of the said synod shall send to the diocesan electoral registration officer appointed in accordance with rule 23A of these rules a list of the names and addresses of the members of the house of clergy, specifying the class of membership, and shall keep the said officer informed of subsequent changes in membership.]

(3) [F128 Subject to the provisions of rule 1(3)] the members of the house of laity of a deanery synod shall consist of [F129 the following persons, that is to say]—

(a) the parochial representatives elected to the synod by the annual meetings of the parishes of the deanery;

(b) any lay members of the General Synod [F130 a diocesan synod or an area synod constituted in accordance with section 17 of the M8 Dioceses Measure 1978] whose names are entered on the roll of any parish in the deanery;

[F131 (c) if in the opinion of the bishop of the diocese any community of persons in the deanery who are in the spiritual care of a chaplain licensed by the bishop should be represented in that house, one lay person, being an actual communicant member of the Church of England of eighteen years or upwards, chosen in such manner as may be approved by the bishop by and from among the members of that community]

[F132 (d)] such other lay persons, being deaconesses or . . . F133 lay workers licensed by the bishop to work in any part of the deanery, as may be determined by or in accordance with a resolution of the diocesan synod.

(4) The house of clergy and house of laity of a deanery synod may co-opt additional members of their respective houses, being clerks in Holy Orders or, as the case may be, lay persons who shall be actual communicant members of the Church of England of [F134 eighteen years or upwards]:

[F135 Provided that the number of members co-opted by either house shall not exceed five per cent. of the total number of members of that house or three, whichever is the greater.]

[F136 The names and addresses of co-opted members shall be sent by the secretary of the deanery synod to the diocesan electoral registration officer appointed in accordance with rule 23A of these rules.]

Textual Amendments

F123 Rule 19(2)(e) inserted by S.I. 1980/178, para. 5(1)

F124 Rule 19(2A) inserted by S.I. 1984/1039, para. 13(1)

F125 Rule 19(2A) inserted by S.I. 1980/178, para. 5(2); renumbered 19(2B) by S.I. 1984/1039, para. 13(2)

F126 Words substituted by S.I. 1984/1039, para. 13(2)

F127 Sch. 3 rule 19(2C) inserted by S.I. 1989/2094, para. 6(1)

F128 Words inserted by S.I. 1973/1865, para. 11(1)(a)

F129 Words inserted by S.I. 1973/1865, para. 11(1)(b)

F130 Words substituted by S.I. 1980/178, para. 5(3)

F131 Rule 19(3)(c) inserted by S.I. 1973/1865, para. 11(1)(c)

F132 Rule 19(3)(d) (originally (3)(c)) re-lettered by S.I. 1973/1865, para. 11(1)(d)

F133 Word repealed by S.I. 1984/1039, para. 13(3)

F134 Words substituted by S.I. 1973/1865, para. 11(2)

F135 Rule 19(4) proviso substituted by S.I. 1973/1865, para. 11(2)

F136 Words inserted by S.I. 1989/2094, para. 6(2)

Marginal Citations

M6 1967 No. 2 (21:7).

M7 1961 No. 3 (21:5).

M8 1978 No. 1 (21:3).

Election and choice of members E

20 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137 The parochial representatives of the laity elected by annual meetings shall be so elected every three years, and shall hold office for a term of three years beginning with the 1st June next following their election.

(2) The numbers to be so elected from the several parishes shall be determined by resolution of the diocesan synod not later than the [F138 31st December] in the year preceding any such elections, and those numbers shall be related to the numbers of names on the rolls of the parishes as certified . . . F139 under rule 4 and provision may be made by the resolution for the separate representation of a district for which there is a district church council.

(3) Not later than the 31st December in the year preceding any such elections, the secretary of the diocesan synod shall certify to the secretary of each parochial church council the number of such representatives to be elected at the annual meeting of the parish and inform him of any provision for the separate representation of such a district as aforesaid and shall send to the secretary of each deanery synod copies of the certificates and information relating to the parishes of the deanery.

[F140 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137 Any person to be chosen as mentioned in rule [F141 19(2)(e) or]19(3)(c) shall be so chosen every three years and shall hold office for a term of three years beginning with the 1st June next following the date on which he is so chosen.]

[F142 (5)] A resolution of the diocesan synod making provision under paragraph (2)(d) or (3) [F143 (d)] of the last preceding rule for the membership of the clerks in Holy Orders or the deaconesses or lay workers therein mentioned may provide for the choice by a class of such persons of some of their number to be members, and for the term of office of persons so chosen.

[F144 (6)] The diocesan synod shall exercise their powers under this and the last preceding rule so as to secure that the total number of members of any deanery synod in the diocese shall not be more than 150 and, so far as practicable, shall not be less than 50:

Provided that the maximum number of 150 may be exceeded for the purpose of securing that the house of laity is not less in number than the house of clergy.

[F145 For the avoidance of doubt it is hereby declared that the number 150 specified in this paragraph includes the maximum number of members who may be co-opted by each house.]

Textual Amendments

F137 Words repealed by S.I. 1984/1039, para. 14(1)

F138 Words substituted by S.I. 1973/1865, para. 12(1)

F139 Words repealed by S.I. 1973/1865, para. 12(1)

F140 Rule 20(4) added by S.I. 1973/1865, para. 12(2)

F141 Words inserted by S.I. 1980/178, para. 6

F142 Rule 20(5) (originally 20(4)) re-numbered by S.I. 1973/1865, para. 12(3)

F143 Word inserted by S.I. 1973/1865, para. 12(3)

F144 Rule 20(6) (originally 20(5)) re-numbered by S.I. 1973/1865, para. 12(4)

F145 Para. added by S.I. 1973/1865, para. 12(4)

20A E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146

Textual Amendments

F146 Sch. 3 rule 20A repealed by S.I. 1984/1039, para. 14(2)

Variation of Membership of Deanery Synods by Scheme E

21 (1) If it appears to the diocesan synod that the preceding rules in this Part relating to the membership of deanery synods ought to be varied to meet the special circumstances of the diocese or the deaneries and to secure better representation of clergy or laity or both on the deanery synods, they may make a scheme for such variation, and, if the scheme comes into operation under this rule, the said rules shall have effect subject to the scheme:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

(2) Copies of every such scheme must be sent to members of the diocesan synod at least fourteen days before the session at which they are considered, and every such scheme shall require the assent of the [F148 house of bishops and of a two-thirds majority of the members of each of the other houses] of the synod present and voting.

[F149 (3) A scheme approved by the diocesan synod as aforesaid shall be laid before the General Synod.

(4) If a member of the General Synod gives notice in accordance with the Standing Orders of that Synod that he wishes such a scheme to be debated, the scheme shall not come into operation unless it is approved by the General Synod.

(5) If no notice is given under paragraph (4) of this rule with respect to any such scheme, or such notice having been given, the scheme is approved by the General Synod, it shall come into operation on the day after the end of the group of sessions during which it was laid before, or approved by, the General Synod or on such date as may be specified in the scheme.]

Textual Amendments

F147 Rule 21(1) proviso repealed by S.I. 1973/1865, para. 12(13)

F148 Words substituted by S.I. 1980/178, para. 7

F149 Rule 21(3)(4)(5) substiuted for rule 21(3) by S.I. 1980/178, para. 7

Representation of Cathedral Clergy and Laity E

22 (1) Any diocesan synod may provide by scheme for the representation on such deanery synod as may be determined by or under the scheme—

(a) of the dean or provost, the residentiary canons and other ministers of the cathedral church of the diocese, or any of them; and

(b) of lay persons who

(i) in a parish church cathedral are on the electoral roll prepared under rule 1(1); or

(ii) in any other cathedral are declared by the dean to be habitual worshippers at the cathedral church of the diocese and whose names are not entered on the roll of any parish.

(2) Paragraph (2) of the last preceding rule shall apply to schemes made under this rule.

Procedure E

23 (1) The diocesan synod shall make rules for deanery synods which shall provide—

(a) that the rural dean and a member of the house of laity elected by that house shall be joint chairmen of the deanery synod [F150 and that they shall agree between them who shall chair each meeting of the synod or particular items of business on the agenda of the synod.];

(b) that there shall be a secretary of the deanery synod;

(c) that a specified minimum number of meetings shall be held by the deanery synod in each year;

(d) that on such matters and in such circumstances as may be specified in the rules, voting shall be by houses, but that otherwise decisions shall be taken by a majority of the members of the synod present and voting;

(e) that there shall be a standing committee of the synod with such membership and functions as the rules may provide;

(f) that the synod shall prepare and circulate to all parochial church councils in the deanery a report of its proceedings;

and may provide for such other matters consistent with these rules as the diocesan synod think fit.

(2) Subject to any such rules, the deanery synod shall have power to determine its own procedure.

Textual Amendments

F150 Words inserted by S.I. 1984/1039, para. 15.

[F151 Diocesan Electoral Registration Officer] E

Textual Amendments

F151 Sch. 3 rule 23A inserted by S.I. 1989/2094, para. 7.

23A In every diocese, there shall be a diocesan electoral registration officer who shall be appointed by the bishop’s council and standing committee of the diocesan synod and who shall record the names and addresses of all members of the House of Clergy and House of Laity of the deanery synods in the diocese in two registers (in these rules respectively referred to as “the register of clerical electors” and “the register of lay electors”); the members co-opted to the house shall be listed separately in the appropriate register.

Part IV E Diocesan Synods

Membership of Diocesan Synods E

24 (1) A diocesan synod shall consist of [F152 a house of bishops], a house of clergy and a house of laity.

[F153 (1A) 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.

(1B) The bishop of the diocese shall be the president of the diocesan synod.]

(2) The members of the house of clergy shall consist of—

(a) the following ex-officio members, that is to say:—

[F154 (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 (1A) 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 [F155 treated for this purpose as being] wholly in the diocese of London) to the Lower House of the Convocation of the Province, excluding the registrar of the diocese (if so elected);

[F156 (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;]

[F157 (vi)] the chancellor of the diocese (if in Holy Orders); and

[F157 (vii)] the chairman of the diocesan board of finance [F158 and 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.

(3) 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 [F158 and 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, excluding the registrar of the diocese (if so elected);

[F159 (iv) any other member of that House, being [F160 an 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 actual communicant members of the Church of England of age to vote at a Parliamentary election.

(4) 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. [F161 Except 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.]

[F162 (5) No person, other than the chancellor of a diocese, shall be entitled to be a member of more than one diocesan synod at the same time.]

Textual Amendments

F152 Words substituted by S.I. 1980/178, para. 8(1)

F153 Rule 24(1A)(1B) inserted by S.I. 1980/178, para. 8(1)

F154 Rule 24(2)(a)(i) substituted by S.I. 1980/178, para. 8(2)

F155 Words substituted by S.I. 1973/1865, para. 14(2)

F156 Rule 24(2)(a)(v) inserted by S.I. 1973/1865, para. 14(3)

F157 Rule 24(2)(a)(vi)(vii) (originally (a)(v)(vi)) re-numbered by S.I. 1973/1865, para. 14(3)

F158 Words 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

F159 Rule 24(3)(a)(iv) added by S.I. 1973/1865, para. 14(4)

F160 Words substituted by S.I. 1984/1039, para. 16(1)

F161 Words inserted by S.I. 1984/1039, para. 16(2)

F162 Rule 24(5) inserted by S.I. 1980/178, para. 8(3)

Elections of Members of Diocesan Synods by Deanery Synods E

25 (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 [F163 of three years beginning with the 1st [F164 August] next following their election].

(2) Any clerk in Holy Orders who is a member of the deanery synod or is working or residing in the deanery shall be qualified to be so elected by the house of clergy of a deanery synod, and the electors shall be [F165 those whose names and addresses are recorded in the register of clerical electors] other than the co-opted members:

Provided that no clerk shall stand for election by more than one deanery synod.

(3) [F166 Subject to the provisions of rule 1(3)] any lay person who is an actual communicant member of the Church of England of [F167 eighteen years or upwards] and whose name is entered on the roll of any parish in the deanery or who is a lay person declared by the dean to be a habitual worshipper at the cathedral church of the diocese and to be associated with the deanery, shall be qualified to be so elected by the house of laity of a deanery synod, and the electors shall be [F168 those whose names and addresses are recorded in the register of lay electors] other than the co-opted members: [F169 and members who were elected pursuant to rule 9(1B).]

. . . F170

[F171 (3A) 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.

(3B) 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.]

(4) The diocesan synod shall, not later than the [F172 31st 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 . . . F173 under rule 4:

Provided that at least two members shall be elected by each house of every deanery synod.

(5) For the purposes of such determination by the diocesan synod, the secretary of every deanery synod shall, not later than the 1st July in the year preceding any such election, certify the number of members of the house of clergy of the synod to the secretary of the diocesan synod.

(6) 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 150 and not more than 270 and that the numbers of the two houses are approximately equal:

. . . F174

[F175 For the avoidance of doubt it is hereby declared that the [F176 number 270 specified in this paragraph includes] the maximum number of members who may be co-opted by each house or nominated by the bishop.]

(7) 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

F163 Words substituted by S.I. 1973/1865, para. 15(1)

F164 Word substituted by S.I. 1981/1650, para. 2

F165 Words substituted by virtue of S.I. 1989/2094, para. 8(1)

F166 Words inserted by S.I. 1973/1865, para. 15(2)

F167 Words substituted by S.I. 1973/1865, para. 15(2)

F168 Words substituted by virtue of S.I. 1989/2094, para. 8(2)

F169 Words inserted by S.I. 1989/2095, para. 2

F170 Rule 25(3) proviso repealed by S.I. 1973/1865, para. 15(2)

F171 Sch. 3 rule 25(3A)(3B) inserted by S.I. 1989/2094, para. 8(3)

F172 Words substituted by S.I. 1973/1865, para. 15(3)

F173 Words repealed by S.I. 1973/1865, para. 15(3)

F174 Words repealed by S.I. 1984/1039, para. 17(1)

F175 Para. added by S.I. 1973/1865, para. 15(4)

F176 Words substituted by S.I. 1984/1039, para. 17(2)

26 [F177 (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.

(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 of a deanery synod of which he is a member. The expenses of elections shall be paid out of diocesan funds.

(2A) 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.]

(3) 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 by the presiding officer . . . F178 Nominations in the form set out in section 6 of Appendix I shall be sent to the presiding officer in writing within such period not being less than 14 days as he shall specify and be accompanied by a statement signed by the candidate of his willingness to serve.

[F179 (3A) It shall be the duty of the presiding officer within seven days of receiving a written request from a duly nominated candidate in the election to supply free of charge to that candidate one copy of the names and addresses of the qualified electors.]

(4) 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 [F180 either 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 25, [F181 make 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.]

(5) The voting paper marked and [F182 , 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 . . . F183 No vote shall be counted if given on a voting paper not in accordance with this paragraph.

(6) Where [F184 voting 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.

[F185 (7) 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 33(4) and for the time being in force.]

[F186 (8)] 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 [F187 the presiding officer] to every candidate not later than the 1st [F188 August] in each election year.

Textual Amendments

F177 Sch. 3 rule 26(1)(2)(2A) substituted for paras. (1) and (2) by S.I. 1989/2094, para. 9(1)

F178 Words repealed by S.I. 1989/2094, para. 9(2)

F179 Sch. 3 rule 26(3A) inserted by S.I. 1989/2094, para. 9(3)

F180 Words substituted by S.I. 1980/178, para. 9(1)

F181 Words substituted by S.I. 1984/1039, para. 18(3)

F182 Words substituted by S.I. 1981/1650, para. 18(4)

F183 Words repealed by S.I. 1980/178, para. 9(2)

F184 Words inserted by S.I. 1980/178, para. 9(3)

F185 Rule 26(7) inserted by S.I. 1980/178, para. 9(4)

F186 Rule 26(8) (originally 26(7)) renumbered by S.I. 1980/178, para. 9(5)

F187 Words substituted by S.I. 1973/1865, para. 15(5)

F188 Word substituted by S.I. 1981/1650, para. 3(3)

Variation of Membership of Diocesan Synods by Scheme E

27 (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:

. . . F189

(2) Paragraphs (2) [F190 to (5)] of rule 21 shall apply to schemes under this rule as it applies to schemes under that rule.

Textual Amendments

F189 Rule 27(1) proviso repealed by S.I. 1973/1865, para. 16

F190 Words substituted by S.I. 1980/178, para. 10

Procedure of Diocesan Synods E

28 (1) The diocesan synod shall make standing orders which shall provide—

(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 [F191 in the case of a diocese in which area synods have been constituted in accordance with section 17 of the M9 Dioceses Measure 1978, not less than one, and in the case of any other diocese] 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 [F192 three] next following sub-paragraphs, nothing shall be deemed to have the assent of the diocesan synod unless the three [F193 houses] which constitute the synod have assented thereto [F194 but that if in the case of a particular question [F195 (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 [F195 the 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, . . . F196

[F197 (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.]

[F198 (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;

[F199 (i)] that where there is an equal division of votes in the house of bishops, [F200 the diocesan bishop] shall have a second or casting vote;

[F199 (j)] that [F201 the diocesan bishop] shall have a right to require that his opinion on any question shall be recorded in the minutes;]

[F202 (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.

[F203 (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.]

[F204 (3)] The registrar of the diocese shall be the registrar of the diocesan synod, and may appoint a deputy.

Textual Amendments

F191 Words inserted by S.I. 1980/178, para. 11(1)

F192 Word substituted by S.I. 1984/1039, para. 19(1)

F193 Word substituted by S.I. 1980/178, para. 11(2)

F194 Words inserted by S.I. 1980/178, para. 11(2)

F195 Words substituted by S.I. 1984/1039, para. 19(1)

F196 Words repealed by S.I. 1984/1039, para. 19(2)

F197 Rule 28(1)(g) inserted by S.I. 1984/1039, para. 19(3)

F198 Rule 28(1)(h) (originally 28(1)(g) relettered by S.I. 1984/1039, para. 19(4)

F199 Rule 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)

F200 Words substituted by S.I. 1984/1039, para. 19(4)

F201 Words substituted by S.I. 1984/1039, para. 19(5)

F202 Rule 28(1)(k) (originally 28(1)(h)) relettered by S.I. 1980/178, para. 11(5) and 1984/1039, para. 19(4)

F203 Rule 28(2) inserted by S.I. 1980/178, para. 11(5)

F204 Rule 28(3) (originally 28(2)) renumbered by S.I. 1980/178, para. 11(6)

Marginal Citations

M9 1978 No. 1 (21:3).

Part V E House of Laity of General Synod

29 (1) The House of Laity of the General Synod shall consist of—

(a) the members elected by the diocesan electors of each diocese as hereinafter provided;

(b) [F205 three members, two from the Province of Canterbury and one from the Province of York], chosen by the lay members of religious communities from among their number in such manner as may be provided by a resolution of the General Synod;

(c) such ex-officio and co-opted members as are hereinafter provided.

[F206 (1A) For the purposes of this Part of these rules the diocese in Europe shall be deemed to be a diocese in the province of Canterbury.]

(2) For the purposes of this Part of these rules, the diocesan electors of a diocese [F207 other than the diocese in Europe] shall be the members of the houses of laity of all the deanery synods in the diocese other than the co-opted members [F208 and members who were elected pursuant to rule 9(1B).]:

. . . F209

[F210 (3) The diocesan electors of the diocese in Europe shall be such number of persons elected by the annual meetings of the chaplaincies in the said diocese as may be determined by the bishop’s council and standing committee of the said diocese, and any lay person who is:

(a) an actual communicant member of the Church of England or of a Church in communion with that Church,

(b) of eighteen years or upwards, and

(c) a person whose name is entered on the electoral roll of such a chaplaincy,

shall be qualified for election as a diocesan elector by the annual meeting of that chaplaincy.]

[F211 (4) The qualifying date for lay members of religious communities under paragraph (1)(b) of this rule and for diocesan electors under paragraphs (2) and (3) of this rule shall be 6.00 a.m. on the date of the dissolution of the General Synod, save that when a casual vacancy is being filled, the qualifying date shall be 6.00 a.m. on the date on which the nomination papers are issued.

(5) 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.]

Textual Amendments

F205 Words substituted by S.I. 1984/1039, para. 20

F206 Rule 29(1A) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 1(1)

F207 Words inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 1(2)

F208 Words inserted by S.I. 1989/2095, para. 3

F209 Rule 29(2) proviso repealed by S.I. 1973/1865, para. 17

F210 Rule 29(3) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 1(2)

F211 Sch. 3 rule 29(4)(5) inserted by S.I. 1989/2094, para. 10

Elections of Members Number of Elected Members E

30 [F212 (1) The total number of members directly elected and specially elected from the dioceses in the Province shall not exceed one hundred and seventy for Canterbury and eighty for York and no diocese shall have fewer than three directly elected members (except the diocese in Europe which shall elect two members, and the diocese of Sodor and Man which shall elect one member). Ex officio and co-opted members (as defined in rule 35) shall be additional to the said total number. In this rule the term “specially elected” means the representatives of the religious communities referred to in rule 29(1) hereof and the representatives of the Channel Islands elected in accordance with the Channel Islands (Representation) Measure 1931 and such persons shall be included in the said total number.

(1A) The total number of members to be elected by the diocesan electors of all the dioceses shall be fixed by resolution of the General Synod not later than the last day of November in the fourth year after the last preceding election of the house of Laity (but subject as hereinafter provided), and the resolution shall apportion the number so fixed to the Provinces of Canterbury and York in a proportion of sixty eight to thirty two or as nearly as possible thereto and shall divide the number among the dioceses so that the number of members to be elected by the several dioceses are as nearly as possible proportionate to the total number of names certified for them under the following paragraph.]

(2) The secretary of each diocesan synod shall, not later than the first day of August in the fourth year after the last preceding election of the House of Laity, certify to the secretary of the General Synod the total number of names on the rolls of the parishes of the diocese . . . F213

(3) The number of members of the House of Laity to be elected by each diocese, when fixed by the General Synod as aforesaid, shall forthwith be certified to the secretaries of the diocesan synods.

(4) If the General Synod is at any time dissolved before the fourth year after the last preceding election of the House of Laity or before the fixing of numbers under this rule by the General Synod during that year, the General Synod or the Presidents thereof may give directions with respect to the fixing and certifying of the numbers of members to be elected to the House of Laity by each diocese, and the directions may provide that the numbers so fixed and certified on the last previous occasion shall be deemed to have been fixed and certified for the purpose of the election following the dissolution, and the directions may, if the dissolution is known to be impending, be given before it occurs.

Textual Amendments

F212 Rule 30(1)(1A) substituted for rule 30(1) by S.I. 1984/1039, para. 21

F213 Words repealed by S.I. 1973/1865, para. 18

Qualification of Elected Members E

31 [F214 (1) Subject to the provisions of rule 1(3) and of paragraphs (1A) and (1B) of this rule, a lay person shall be qualified for election for any diocese by the diocesan electors of the diocese if—

(a) he is an actual communicant member of the Church of England,

(b) he is of eighteen years of age on the date of the dissolution of the General Synod;

(c) his name is at 6.00 a.m. on the date of dissolution of the General Synod entered on the roll of any parish in the diocese or who at any time within the period of two months beginning one month immediately before that date is declared by the dean of the cathedral church to be a habitual worshipper at that cathedral church.]

[F215 (1A) [F216 Subject to the provisions of rule 1(3) and of paragraph (1B) of this rule,] Any lay person who is an actual communicant member of the Church of England or of a Church in communion with that Church and if eighteen years or upwards whose name is entered on the electoral roll of any chaplaincy in the diocese in Europe shall be qualified for election by the diocesan electors of that diocese.]

[F217 (1B) A person shall be disqualified from being nominated for election as a member of the General Synod if he holds any paid office or employment appointment to which is or may be made or confirmed by the General Synod, the Convocations, the Central Board of Finance, the Chucrch 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.]

[F218 (2) Where a diocese is divided into two or more areas in accordance with rule 32(2), any person who under this rule is qualified for election for the diocese shall be qualified for election for any such area whether or not the parish on whose roll his name is entered, or the cathedral church at which he is a habitual worshipper, is situated in that area, but no person shall be nominated for more than one such area at the same time.]

Textual Amendments

F214 Rule 31(1) substituted by S.I. 1984/1039, para. 22(1)

F215 Rule 31(1A) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 3

F216 Words inserted by S.I. 1984/1039, para. 22(2)

F217 Rule 31(1B) inserted by S.I. 1984/1039, para. 22(3)

F218 Rule 31(2) inserted by S.I. 1973/1865, para. 19(3)

Electoral Areas E

32 (1) Subject to any division of a diocese under this rule every diocese shall be an electoral area for the purposes of elections to the House of Laity.

(2) So far as is consistent with any rule made under the Standing Orders of the General Synod under paragraph (4) of the next following rule [F219 and subject to paragraph (3) of this rule] a diocesan synod may, for the purposes of any election, divide a diocese into two or more areas, and apportion the number of members of the House of Laity to be elected for the diocese among such areas, and the election shall be conducted in each area as if such area were a separate diocese. Where a diocese is so divided, a diocesan elector who is a representative of the laity shall vote in the area to which the body by which he was elected belongs, and a diocesan elector who is not a representative of the laity shall vote in such area as the diocesan synod may decide. Any such division shall remain in force until it is revoked by the diocesan synod.

[F220 (3) If a diocesan synod decides to divide the diocese into two or more areas in pursuance of this rule the division shall be made in such manner that the number of members to be elected in any such area will be not less than three.]

Textual Amendments

F219 Words inserted by S.I. 1973/1865, para. 21(1)

F220 Rule 32(3) added by S.I. 1973/1865, para. 20(1)

Conduct of Elections E

33 (1) Subject to any directions by the General Synod or the Presidents thereof, elections to the House of Laity shall be carried out during the three months immediately following any dissolution of the General Synod and shall be so carried out in each each diocese during such period within the said three months as shall be fixed by the archbishops of Canterbury and York.

(2) The presiding officer in each diocese or each area of a diocese shall be the registrar of the diocese or a person appointed by him [F221 with the approval of the registrar of the province], except that, if the said registrar is a candidate in the election, the presiding officer shall be a person appointed by the registrar of the province. The expenses of the elections shall be paid out of diocesan funds.

[F222 (2A) 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 General 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 name in the register of lay electors.]

(3) Every candidate must be nominated and seconded by diocesan electors qualified to vote in the area in which the candidate is seeking to be elected. All nominations shall be in writing [F223 shall include the year of the candidate’s birth] and shall be sent to the presiding officer of the area, together with evidence of the candidate’s consent to serve, [F224 within such period, being a period of not less than 28 days ending on a date specified by the presiding officer, as that officer may specify]. If any of the candidates so request the presiding officer shall despatch to every elector election addresses from those candidates, sufficient copies of the addresses to be provided by the candidates at their own expense [F225 and to be delivered to the presiding officer by such date as he shall determine being not less than seven days after the close of nominations. The presiding officer shall be under no obligation to despatch to electors election addresses received after the due date.]

[F226 (3A) It shall be the duty of the presiding officer within seven days of receiving a written request from a duly nominated candidate in the election to supply free of charge to that candidate the copy of the register of lay electors.

(3B) It shall be the duty of the presiding officer in any election under these rules to seek to ensure that during the period beginning on the date on which nominations are invited and ending on the last date for the return of voting papers, no papers or other literature are circulated to the electors by him or by or under authority of the diocesan synod or any deanery synod save election addresses prepared by the candidates under paragraph (3) above and such material relating exclusively either to the conduct of the election or to the business of the diocesan synod or any deanery synod as the presiding officer shall personally have approved.]

[F227 (4) [F228 Subject to rule 41A,] If more candidates are nominated for any area than there are seats to be filled, the election shall be conducted by voting papers by the method of the single transferable vote under rules to be made from time to time as provided by the Standing Orders of the General Synod. Every voting paper, which shall include the year of birth of each candidate, shall be marked and signed on the reverse thereof by the elector and shall be returnable to the presiding officer within such period, being a period of not less than twenty-one days after the date on which the voting paper is issued, as that officer may specify.]

(5) A candidate or a person nominated by him has the right to be present at [F229 but shall take no part in] the counting of the votes, and the presiding officer of the area shall give [F230 not less than seven days notice in writing.] to each candidate of the time and place at which the votes are to be counted.

[F231 (6) (a) A full return of the result of any election and of the result sheet shall be sent by the presiding officer within ten days of the declaration of the result to the Chairman and Vice-Chairman of the House of Laity of the General Synod and to the Secretary-General of the General Synod and to every candidate in the election.

(b) The result sheet shall be publicly displayed in the diocesan office in such manner as the bishop may approve and at the General Synod office until the end of the first group of sessions of the new Synod as the Secretary-General may direct. For the purposes of this rule the person who held the office of Chairman or Vice-Chairman immediately before dissolution shall be deemed to hold that office if he has been re-elected to the General Synod.]

[F232 (7) The presiding officer in each area shall ensure that the valid voting papers received by him for the purposes of any election to the House of Laity are preserved for a period of not less than two years beginning with the date of the election.]

Textual Amendments

F221 Words inserted by S.I. 1973/1865, para. 20(1)

F222 Sch. 3 rule 33(2A) inserted by S.I. 1989/2094, para. 11(1)

F223 Words inserted by S.I. 1984/1039, para. 23(1)

F224 Words substituted by S.I. 1973/51865, para. 21(2)

F225 Words inserted by S.I. 1984/1039, para. 23(2)

F226 Sch. 3 rule 33(3A)(3B) inserted by S.I. 1989/2094, para. 11(2)

F227 Rule 33(4) substituted by S.I. 1984/1039, para. 23(3)

F228 Words inserted by S.I. 1989/2094, para. 11(3)

F229 Words inserted by S.I. 1973/1865, para. 21(4)

F230 Word substituted by S.I. 1989/2094, para. 11(4)

F231 Sch. 3 rule 33(6) substituted by S.I. 1989/2094, para. 11(5)

F232 Rule 33(7) added by S.I. 1973/1865, para. 21(5)

[F233 33A (1) Rules defining the duties to be undertaken by the presiding officers in connection with elections to the House of Laity shall be prepared by the provincial registrars acting jointly, but no such rules shall have effect unless approved by the Standing Committee of the General Synod.

(2) A presiding officer shall be entitled to such fees for the performance by him of the duties aforesaid as may be specified in any order for the time being in force made under section 1 of the M10 Ecclesiastical Fees Measure 1962; and where with the prior agreement in writing of the bishop’s council and standing committee the presiding officer or any other person performs any other duties in connection with elections to the House of Laity he shall be entitled to such fees as may be specified in the agreement.]

Textual Amendments

F233 Rule 33A added by S.I. 1973/1865, para. 22

Marginal Citations

M10 1962 No. 1 (21:1).

Term of Office of Elected and Representative Members E

34 The term of office of elected members of the House of Laity and of members chosen by the lay members of religious communities shall be for the lifetime of the General Synod for which they are elected or chosen, but without prejudice to their acting under Article 3(4) of the Constitution during the period of the dissolution of the General Synod or as ex-officio members of other bodies constituted under these rules during that period.

Ex-officio and Co-opted Members of the House of Laity E

35 (1) The following persons, if they are not in Holy Orders, shall be ex-officio members of the House of Laity;—

(a) the Dean of the Arches and Auditor;

[F234 (b) the Vicar-General of the Province of Canterbury;]

[F235 (c)] the Vicar-General of the Province of York;

[F235 (d)] the three Church Estate Commissioners;

[F235 (e)] the Chairman of the Central Board of Finance.

(2) The House of Laity shall have power to co-opt persons who are actual lay communicant members of the Church of England of [F236 eighteen years or upwards] to be members of the House of Laity:

Provided that:—

(a) the co-opted members shall not at any time exceed five in number; and,

(b) no person shall be qualified to become a co-opted member unless not less than two-thirds of the members of the Standing Committee of the House of Laity shall have first consented to his being co-opted, either at a meeting of the Standing Committee or in writing.

(3) Except in regard to their appointment, the ex-officio and co-opted members shall have the same rights and be subject to the same rules and regulations as elected members:

. . . F237

[F238 Where such members are on more than one electoral roll, they shall choose the parochial church of which they are to be a member.]

(4) Co-opted members shall continue to be members of the House of Laity until the next dissolution of the General Synod, but without prejudice to their acting under Article 3(4) of the Constitution during the period of the dissolution:

Provided that the House of Laity may, in the case of any co-opted member, fix a shorter period of membership.

(5) The House of Laity may make standing orders for regulating the procedure of and incidental to the appointment of co-opted members and otherwise for carrying this rule into effect.

Textual Amendments

F234 Rule 35(1)(b) inserted by S.I. 1973/1865, para. 23(1)

F235 Rule 35(1)(c)(d)(e) (originally (1)(b)(c)(d)) re-lettered by S.I. 1973/1865, para. 23(1)

F236 Words substituted by S.I. 1973/1865, para. 23(2)

F237 Rule 35(3) proviso repealed by S.I. 1984/1039, para. 24

F238 Words inserted by S.I. 1983/1039, para. 24

Part VI E Appeals and Disqualifications

[F239 Enrolment Appeal] E

Textual Amendments

F239 Sch. 3 rules 36–36B substituted for rule 36 by S.I. 1989/2094, para. 12

36 (1) There shall be a right of appeal with regard to—

(a) any enrolment, or refusal of enrolment, on the roll of a parish or the registers of lay or clerical electors;

(b) the removal of any name, or the refusal to remove any name, from the roll of a parish or the registers of lay or clerical electors.

(2) The following persons shall have a right of appeal under this rule—

(a) a person who is refused enrolment on the roll or register;

(b) a person whose name is removed from the roll or register; or

(c) any person whose name is entered on the roll or register who wishes to object to the enrolment or removal of the name of any other person on that roll or register.

(3) In an appeal concerning the roll of a parish, notice of the appeal shall be given in writing to the lay chairman of the deanery synod and in an appeal concerning the register of lay or clerical electors notice of the appeal shall be given in writing to the Chairman of the House of Laity or the Chairman of the House of Clergy of the diocesan synod as the case may be.

(4) Notice of appeal shall be given not later than fourteen days after the date of enrolment, removal or refusal or if the appeal arises on the revision of the roll or register or the preparation of a new roll or register, not later than fourteen days after the first publication of the revised or new roll or register.

(5) In any appeal arising under this rule the chairman of the House concerned of the Diocesan Synod or the lay chairman of the deanery synod, as the case may be, shall within fourteen days refer any appeal to the bishop’s council and standing committee of the diocese unless within that period the appellant withdraws the appeal in writing. The said bishop’s council shall appoint three or a greater number being an odd number of their lay members or clerical members as the case may be to consider and decide the appeal.

[F240 Election Appeals] E

Textual Amendments

F240 Sch. 3 rules 36–36B substituted for rule 36 by S.I. 1989/2094, para. 12

36A (1) There shall be a right of appeal with regard to—

(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 provided that if both such offices are vacant at the time of the appeal the persons who held such offices immediately before dissolution of the General Synod shall be deemed to hold that office if they have been re-elected to the General Synod.

(3) The provisions of this rule (except paragraph (5)), 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) 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 the result thereof has been announced by the presiding officer.

(5) 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 36; 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.

(6) 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 36 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.

(7) 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 Standing Committee of the General Synod unless within that period the appellant withdraws the appeal in writing. Subject to paragraph (8) hereof, the said Standing Committee shall appoint three or a greater number, being an odd number, from an appeal panel consisting of the lay members of the said Standing Committee and such of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury and the Vicar General of the Province of York as are not in Holy Orders to consider and decide the appeal.

(8) Where the chairman or vice-chairman of the House of Laity has given notice of appeal as provided by paragraph (2)(c) above or where a member of the Standing Committee comes from the diocese to which the appeal relates, he shall not be appointed to hear the appeal.

(9) 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.

(10) 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.

[F241 36B For the purpose of the consideration and decision of any appeal under rules 36 and 36A, the persons appointed to consider and decide the appeal—

(a) shall consider all the relevant circumstances and shall be entitled to inspect all documents and papers relating to the subject matter of the appeal and be furnished with all information respecting the same which they may require;

(b) shall give to the parties to the appeal an opportunity of appearing before them in person or through a legal or other representative;

(c) shall have power at any time to extend the time within which a notice of appeal is given;

(d) shall, unless by consent of the persons appointed the appeal is withdrawn, determine the matter at issue and, in an election appeal shall determine whether—

(i) the person or persons whose election is complained of was or were duly elected;

(ii) the facts complained of amount to a minor infringement of the rules which did not affect the outcome of the election in which event the appeal shall be dismissed; or

(iii) the election was void. The determination so certified shall be final as to the matters at issue and, in any case in which there has been no valid election, the members shall direct a fresh election to be held and shall give such directions in connection therewith as they may think necessary;

(e) shall have power at any time to consent to the withdrawal of the appeal by an appellant subject to a determination in respect of costs in accordance with paragraph (f) hereof;

(f) shall have power to direct that any party to an appeal shall be entitled to payment of costs by any other party or by the diocesan board of finance and to direct that a party shall be responsible for the reasonable expenses of the persons appointed to hear the appeal; save that in so far as the same have not been paid by any other person, the diocesan board of finance shall pay all expenses of the persons appointed to hear the appeal provided that the said board shall first be satisfied that they are reasonable in amount.]

Textual Amendments

F241 Sch. 3 rules 36–36B substituted for rule 36 by S.I. 1989/2094, para. 12

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

37 [F242 (1)] Where—

(a) any lay member of a deanery synod, being a parochial representative or a representative under rule 22, 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 22;

(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;

[F243 (e) any elected member of the House of Laity of the General Synod takes any paid office or employment as provided by rule 31(1B);]

[F244 (f) any member of 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 36B hereof.]

his seat shall [F245 subject to the following provisions of this rule] forthwith be vacated:

. . . F246

[F247 (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 mentioned in 1(a) above or if he is declared under rule 22 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 mentioned in 1(c) above or if he is declared uner rule 22 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.]

[F248 (5) If [F249 the lay members of] the bishop’s council and standing committee has determined [F249 before the vacancy occurs] that a person to whom paragraph (1)(d) of this rule applies [F250 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,], [F251 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.]

[F252 (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

F242 “(1)” inserted by S.I. 1973/1865, para. 25(1)

F243 Rule 37(1)(e) inserted by S.I. 1984/1039, para. 26(1)

F244 Sch. 3 rule 37(1)(f) inserted by S.I. 1989/2094, para. 13(1)

F245 Words inserted by S.I. 1973/1865, para. 25(2)

F246 Rule 37(1) proviso repealed by S.I. 1973/1865, para. 25(1)

F247 Rule 37(2)–(4) substituted for rule 37(2)(3) by S.I. 1984/1039, para. 26(2)

F248 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)

F249 Words inserted by S.I. 1984/1039, para. 26(3)

F250 Words substituted by S.I. 1989/2094, para. 13(2)

F251 Words substituted by S.I. 1980/178, para. 15

F252 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)

Valid from 01/01/2000

[F253 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

F253 Sch. 3 rule 46A inserted (1.1.2000) by The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 18, 24(3)

Ex-Officio Membership not to Disqualify for Election E

38 No . . . F254 person shall be disqualified from being elected or chosen a member of any body under these rules by the fact that he is also a member ex-officio of that body; and no . . . F254 person shall be deemed to vacate his seat as such an elected or chosen member of any body by reason only of the fact that subsequently to his election or choice he has become a member of that body ex-officio.

Textual Amendments

F254 Word repealed by S.I. 1973/1865, para. 26

Part VII E Supplementary and Interpretation

Casual Vacancies E

39 [F255 [F256 (1) Casual vacancies among the parochial representatives elected to the parochial church council or deanery synod shall be filled as soon as practicable after the vacancy has occurred. Where the annual parochial church meeting is not due to be held within the next two months following the occurrence of the vacancy, a vacancy among the parochial representatives elected to the parochial church council may be filled, and a vacancy among the parochial representatives elected to the deanery synod shall be filled, by the election by the parochial church council of a person qualified to be so elected. Returns of parochial representatives of the laity elected to fill one or more casual vacancies on the deanery synod shall be sent by the secretary of the parochial church council to the diocesan electoral registration officer and to the Secretary of the deanery synod.]

(2) Where a casual vacancy among the members of a diocesan synod elected by either house of a deanery synod occurs, the vacancy may be filled by the election by that house of a person qualified to be so elected, and a meeting of the members of that house who are electors may be held for that purpose.

(3) Subject to paragraphs (1), (2) and (6) of this rule, casual vacancies among persons elected under these rules shall be filled [F257 and elections to fill such casual vacancies shall be] conducted in the same manner as ordinary elections.

(4) Elections to fill casual vacancies shall, where possible, be held at such times as will enable all casual vacancies among representatives of the laity who are electors to be filled at the time of every election to the House of Laity of the General Synod, but no such election shall be invalid by reason of any casual vacancies not having been so filled.]

[F258 (5) (a) Subject to the provisions of this rule, an election to fill a casual vacancy in the House of Laity shall be completed, so far as possible, within six months from the occurrence of the vacancy and, in the event of the vacancy not being filled within that period, the Chairman of the House of Laity of the General Synod may give directions to the presiding officer as to the date by which the vacancy must be filled.

(b) Where a casual vacancy occurs in the House of Laity of the General Synod and the period for holding a general election to that House is due to begin within twelve months of the vacancy, the vacancy shall not be filled unless the lay members of the bishop’s council and standing committee, acting in accordance with any directions of the diocesan synod, otherwise direct.

(c) Where a casual vacancy in the House of Laity of the General Synod occurs within the period of two years—

(i) beginning with 1st August in the year of the last general election to that House, or

(ii) beginning with the date of the declaration of the result of an election to fill a casual vacancy where the election was conducted by voting papers in the same manner as a general election;

the lay members of the bishop’s council and standing committee, acting in accordance with any direction of the diocesan synod, may decide within three months of the occurrence of the vacancy that the election to fill the casual vacancy shall be conducted by those papers in accordance with paragraph (6) of this rule.]

[F259 (6)] [F260 Where the lay members of the bishop’s council and standing committee have decided under paragraph (5)(c) above that an election shall be conducted by the voting papers of the previous election,] the presiding officer for the area in question shall ask every candidate not elected in the preceding election who is still qualified for election for the diocese in question if he consents to serve. If there is only one such candidate and he so consents or only one of those candidates so consents he shall be elected to fill the casual vacancy. If two or more of those candidates so consent the votes validly cast in the preceding election shall be recounted from the beginning in accordance with the rules mentioned in rule 33(4).

[F261 Provided that no continuing candidate elected during the original count shall be excluded.]

[F262 (7) An election to fill a casual vacancy in either house of the diocesan synod shall be completed within six months from the occurrence of the vacancy, provided that where a casual vacancy occurs in either house and the period for holding a general election to that house is due to begin within nine months of the vacancy, the vacancy shall not be filled unless the members of the bishop’s council and standing committee who are from the same house otherwise direct.]

[F263 (8)] The preceding provisions of this rule shall apply, so far as applicable and with the necessary modifications, to the choosing of persons under these rules as it applies to the election of persons thereunder, and shall also apply to the election or choosing of members of any body constituted under or in accordance with these rules.

[F263 (9)] Any person elected to fill a casual vacancy shall hold office only for the unexpired portion of the term of office of the person in whose place he is elected or chosen.

[F264 (10) This rule shall apply in relation to the filling of a casual vacancy among the members of the House of Laity of the General Synod elected for diocese in Europe with the omission of the words in paragraphs (5) . . . F265 “acting in accordance with any directions of the diocesan synod”].

[F266 (11) In calculating the period of six months referred to in paragraphs (5) and (7) of this rule—

(a) where during the course of an election irregularities are found which are of such a kind that the presiding officer is of the opinion that he should declare the proceedings null and void, he shall so declare and shall notify all electors of the declaration and shall cause a fresh election to be held which shall be completed within the period of six months from the date of the notice to the electors of the fresh election;

(b) where in an appeal a determination is made that there has been no valid election and the presiding officer is directed to hold a fresh election, the period of six months shall run from the date of such direction.

(12) In this rule the expression “casual vacancy” includes the case where insufficient candidates have been nominated to fill the places available.]

Textual Amendments

F255 Rule 39(1)—(4) substituted for Rule 39(1) by S.I. 1973/1865, para. 27(1).

F256 Sch. 3 rule 39(1) substituted by S.I. 1989/2094, para. 14(1).

F257 Words substituted by S.I. 1989/2094, para. 14(2).

F258 Sch. 3 rule 39(5) substituted for paras. (5)(6) by S.I. 1989/2094, para. 14(3).

F259 Sch. 3 rule 39(7) renumbered (6) by S.I. 1989/2094, para. 14(4).

F260 Words inserted by S.I. 1989/2094, para. 14(4).

F261 Words inserted by S.I. 1984/1039, para. 27(4).

F262 Sch. 3 rule 39(7) inserted by S.I. 1989/2094, para. 14(5).

F263 Rule 39(8)(9) (originally 39(3)(4)) re-numbered by S.I. 1973/1865, para. 27(4).

F264 Rule 39(10) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 6.

F265 Words repealed by S.I. 1989/2094, para. 14(6).

F266 Sch. 3 rule 39(11)(12) inserted by S.I. 1989/2094, para. 14(7).

Resignations E

[F267 40 Any person holding any office under these rules or being a member of any body constituted by or under these rules may resign his office or membership by notice in writing signed by him and sent or given to the secretary of the body of which he is an officer or member, as the case may be; and his resignation shall take effect on the date specified in the notice or, if no date is so specified, on the receipt of the notice by the secretary of that body.]

Textual Amendments

F267 Rule 40 substituted by S.I. 1973/1865, para. 28

Notices E

41 Any notice or other document required or authorised to be sent or given under these rules shall be deemed to have been duly sent or given if sent through the post addressed to the person to whom it is required or authorised to be sent or given at that person’s last known address.

[F268 Constraints in Elections] E

Textual Amendments

F268 Sch. 3 rule 41A inserted by S.I. 1989/2094, para. 15

41A (1) If in any election conducted in accordance with these rules it is a requirement that a given number or not less than a given number of places of those elected shall be filled by candidates of a named category, the presiding officer shall follow the procedure set out in paragraphs (2) to (4) of this rule.

(2) The presiding officer shall examine the nomination papers to ascertain if the number of candidates nominated in any named category is less than or equal to the required given number.

(3) If the number of candidates nominated in any named category is less than or equal to the required given number, those candidates shall be declared to be elected and their names shall not be included on the voting paper and thereafter the requirement shall be disregarded and the election shall proceed with the number of seats to be filled being reduced by the number of persons declared elected.

(4) The presiding officer shall circulate with the voting papers a separate notice giving the names of any who have been declared elected in accordance with paragraph (3) hereof.

Revocation and Variation of Rules, etc. E

42 Subject to the provisions of these rules any power conferred by these rules to make, approve, frame, pass or adopt any rule, order, resolution, determination, decision, appointment or scheme, or to give any consent or settle any constitution, or to prescribe the manner of doing anything, shall be construed as including a power, exercisable in a like manner and subject to the like conditions, to revoke or vary any such rule, order, resolution, determination, decision, appointment, scheme, consent or constitution, or anything so prescribed.

Special Provisions E

43 (1) In the carrying out of these rules in any diocese the bishop of such diocese shall have power:—

(a) to make provision for any matter not herein provided for;

(b) to appoint a person to do any act in respect of which there has been any neglect or default on the part of any person or body charged with any duty under these rules;

(c) so far as may be necessary for the purpose of giving effect to the intention of these rules, to extend or alter the time for holding any meeting or election or to modify the procedure laid down by these rules in connection therewith [F269 provided that such power shall not be exercised in relation to the conduct of the elections referred to in Rules 33 and 39 of these Rules;]

[F270 (d) [F271 Subject to (c) above] in any case in which any difficulties arise, to give any directions which he may consider expedient for the purpose of removing the difficulties.]

(2) The powers of the bishop under this rule shall not enable him:—

(a) to validate anything that was invalid at the time when it was done;

(b) to give any direction that is contrary to any resolution of the General Synod.

(3) No proceedings of any body constituted under these rules shall be invalidated by any vacancy in the membership of that body or by any defect in the qualification, election or appointment of any members thereof.

(4) No proceedings shall be invalidated by the use of a form which differs from that prescribed by these rules if the form which has in fact been used is to a substantially similar effect. Any question as to whether the form which has been used is to a substantially similar effect shall be determined by the bishop.

(5) In the case of an omission in any parish to prepare or maintain a roll or form or maintain a council or to hold the annual meeting, the rural dean upon such omission being brought to his notice shall ascertain and report to the bishop the cause thereof.

[F272 (6) During a vacancy in an archbishopric or where by reason of illness an archbishop is unable to exercise his functions under these rules or to appoint a commissary under paragraph (10) of this rule the functions of an archbishop under these rules shall be exercisable by the other archbishop.

(7) During a vacancy in a diocesan bishopric the functions of a diocesan bishop under these rules, including his functions as [F273 president of] the diocesan synod, shall be exercisable by such person, being a person in episcopal orders, as the archbishop of the province may appoint.

(8) Where by reason of illness a diocesan bishop is unable to exercise his functions under these rules or to appoint a commissary under paragraph (10) of this rule, the archbishop of the province may, if he thinks it necessary or expedient to do so, appoint a person in episcopal orders to exercise the functions mentioned in paragraph (7) of this rule during the period of the bishop’s illness.

(9) If a person appointed in pursuance of paragraph (7) or (8) of this rule becomes unable by reason of illness to act under the appointment, the archbishop may revoke the appointment and make a fresh one.

(10) An archbishop or diocesan bishop may appoint a commissary and delegate to him all or any of the functions of the archbishop or bishop under these rules, but if a bishop proposes to delegate to a commissary his functions as [F273 president of] the diocesan synod he shall appoint a person in episcopal orders as commissary.

(11) If a person appointed in pursuance of paragraph (7) or (8) of this rule, or a person to whom the functions of a bishop as [F274 president of the diocesan synod are delegated under paragraph (10) thereof], is a member of the house of clergy of the diocesan synod, his membership of that house shall be suspended during the period for which the appointment or delegation has effect.].

[F275 (12) The preceding provisions of this rule shall have effect in the diocese in Europe as if the references to such of these rules as apply in that diocese, and subject to paragraph (6) of the rule, the powers of an archbishop under this rule shall, as respects that diocese, be exercisable by the Archbishop of Canterbury.]

Textual Amendments

F269 Words inserted by S.I. 1984/1039, para. 28

F270 Sch. 3 rule 43(1)(d) omitted and para. (e) renumbered (d) as provided by S.I. 1989/2094, para. 16(1)(2)

F271 Words inserted by S.I. 1989/2094, para. 16(1)(2)

F272 Rule 43(6)—(11) substituted for rule 43(6)(7) by S.I. 1973/1865, para. 29

F273 Words substituted by S.I. 1980/178, para. 16(1)

F274 Words substituted by S.I. 1980/178, para. 16(2)

F275 Rule 43(12) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 7

Meaning of Minister, Parish and other words and phrases E

44 (1) In these rules:—

• [F276 “actual communicant member of the Church of England” means a member of the Church of England who is confirmed or ready and desirous of being confirmed and has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment;

• “actual communicant member of a Church in communion with the Church of England” means a communicant member of a Church in communion with the Church of England who has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment.]

• “the Measure” means the Synodical Government Measure 1969;

• “minister” means:—

(a) the incumbent of a parish;

(b) a curate licensed to the charge of a parish or a minister acting as priest-in-charge of a parish in respect of which rights of presentation are suspended; and

(c) a vicar in a team ministry to the extent that the duties of a minister are assigned to him by a scheme under [F277 the M11 Pastoral Measure 1983] or his license from the bishop;

• “parish” means:—

(a) an ecclesiastical parish; and

(b) a district which is constituted a “conventional district” for the cure of souls . . . F278 .

“public worship” means public worship according to the rites and ceremonies of the Church of England.

(2) Any reference in these rules to the laity shall be construed as a reference to persons other than Clerks in Holy Orders, and the expression “lay” in these rules shall be construed accordingly.

[F279 (3) Where a person has executed a deed of relinquishment under the M12 Clerical Disabilities Act 1870 and the deed has been enrolled in the High Court and recorded in the registry of a diocese under that Act then, unless and until the vacation of the enrolment of the deed is recorded in such a registry under the M13 Clerical Disabilities Act 1870 (Amendment) Measure 1934, that person shall be deemed not to be a clerk in Holy Orders for the purpose of paragraph (2) above or of any other provision of these rules which refers to such a clerk.]

[F280 (4)] References in these rules to the cathedral church of the diocese shall include, in the case of the dioceses of London and Oxford, references to Westminster Abbey and St. George’s Chapel, Windsor, respectively.

[F280 (5)] If any question arises . . . F281 whether a Church is a . . . F281 Church in communion with the Church of England, it shall be conclusively determined for the purposes of these rules by the Archbishops of Canterbury and York.

[F280 (6)] In these rules words importing residence include residence of a regular nature but do not include residence of a casual nature.

[F280 (7)] Any reference herein to “these rules” shall be construed as including a reference to Appendices hereto.

Textual Amendments

F276 Definitions “actual communicant member of the Church of England” and “actual communicant member of a Church in communion with the Church of England” substituted for definition “actual communicant member” by S.I. 1973/1865, para. 30(1)

F277 Words substituted by virtue of Interpretation Act 1978 (c.30, SIF 115:1), s. 17(2)(a)

F278 Words repealed by S.I. 1980/178, para. 17(1)

F279 Rule 44(3) inserted by S.I. 1980/178, para. 17(2)

F280 Rule 44(4)—(7) (originally 44(3)—(6)) renumbered by S.I. 1980/178, para. 17(3)

F281 Words repealed by S.I. 1973/1865, para. 30(2)

Marginal Citations

M11 1983 No. 1(21:4).

M12 1870 c.91 (21:5).

M13 1934 No. 1 (21:5).

APPENDIX I E

section 1 E

[F282 APPLICATION FOR ENROLMENT ON CHURCH ELECTORAL ROLL E

(Full Christian name and surname)

I

(Full postal address)

of

am baptised and am a member of the Church of England or of a Church in communion with it. I am [F283 sixteen]years or over and am either resident in the parish or [F284 a habitual attender at] public worship there for at least the past six months.

I apply for entry on the church electoral roll of the parish of

Signed

Date

Notes

1.The only Churches at present in communion with the Church of England are other Anglican Churches and certain foreign Churches. Members of other Churches in England are usually admitted to communion as individuals, but their Churches are not yet in communion with the Church of England. Such persons would naturally take part in the government of their own Churches.

2.Every six years a new roll is prepared and those on the previous roll are informed so that they can re-apply. If you are not resident in the parish but were on the roll as an habitual worshipper and have been prevented by sickness or absence or other essential reason from worshipping for the past six months, you may write “would” before “have habitually attended” in the form and add “but was prevented from doing so because” and then state the reason.

3.If you have any problems over this form, please approach the clergy or lay people responsible for the parish, who will be pleased to help you.]

4.In this form “parish” means an ecclesiastical parish.

Textual Amendments

F282 Form substituted by S.I. 1973/1865, para. 31

F283 Word substituted by S.I. 1980/178, para. 18(1)

F284 Words substituted by S.I. 1984/1039, para. 29(1)

SECTION 2 E FORM OF NOTICE OF REVISION OF CHURCH ELECTORAL ROLL

Diocese of

Parish of

*NOTE—The Revision must be completed not less than 15 days or more than 28 days before the Annual Parochial Church Meeting.

Notice is hereby given that the Church Electoral Roll of the above parish will be revised by the Parochial Church Council,* beginning on the day of 19 and ending on , the day of 19 After such Revision, a copy of the Roll will forthwith be exhibited [F285 for not less than 14 days] on, or near to, the principal door of the Parish Church for inspection.

Textual Amendments

F285 Words inserted by S.I. 1989/2094, para. 17(1)

Under the Church Representation Rules any persons are entitled to have their names entered on the roll, if they:—

(i) are baptised,

(ii) are members of the Church of England or [F286 of any Church in communion with the Church of England].

(iii) are [F287 sixteen]or over,

Textual Amendments

F286 Words substituted by S.I. 1973/1865, para. 32(a)

F287 Word substituted by S.I. 1980/178, para. 18(2)

(iv) are resident in the parish, or, not being resident in the parish, have habitually attended public worship in the parish during the six months before the date of application for enrolment, and

(v) have signed a form of application for enrolment.

. . . F288

Textual Amendments

F288 Words repealed by S.I. 1973/1865, para. 32(b)

[F289 Forms of application for enrolment can be obtained from the undersigned. In order to be entitled to attend the annual parochial church meeting and to take part in its proceedings, forms of application for enrolment must be returned by the date shown above for the ending of the revision of the Church Electoral Roll by the Parochial Church Council.]

Textual Amendments

F289 Words substituted by S.I. 1989/2094, para. 17(2)

Any error discovered in the Roll should at once be reported to the undersigned.

*Not less than 14 days notice must be given.	Dated this*........................ day of.................... 19.....
	[F290 Church]Electoral Roll Officer
	Address

Textual Amendments

F290 Word inserted by S.I. 1973/1865, para. 32(c)

[F291 In this Notice “parish” means an ecclesiastical parish.]

Textual Amendments

F291 Note inserted by S.I. 1984/1039, para. 29(2)

SECTION 3 E FORM OF NOTICE OF PREPARATION OF NEW ROLL

Diocese of

Parish of

*NOTE—The new roll must be completed not less than 15 days or more than 28 days before the Annual Parochial Church Meeting.	Notice is hereby given that under the Church Representation Rules a new Church Electoral Roll is being prepared. All persons who wish to have their names entered on the new Roll, whether their names are entered on the present Roll or not, are requested to apply for enrolment . . . F292 not later than
	The new roll will come into operation on
	[F293 The new Roll shall be published for not less than 14 days. Forms of application for enrolment can be obtained from the undersigned. In order to be entitled to attend the annual parochial church meeting and to take part in its proceedings, forms of application for enrolment must be returned by the earlier of the dates given above.]

Textual Amendments

F292 Words repealed by S.I. 1989/2094, para. 17(3)

F293 Words substituted by S.I. 1989/2094, para. 17(4)

Under the Church Representation Rules any persons are entitled to have their names entered on the Roll, if they:—

(i) are baptised,

(ii) are members of the Church of England or [F294 of any Church in communion with the Church of England].

(iii) are [F295 sixteen] or over,

(iv) are resident in the parish, or, not being resident in the parish, have habitually attended public worship in the parish during the six months before the date of application for enrolment, and

(v) have signed a form of application for enrolment.

Textual Amendments

F294 Words substituted by S.I. 1973/1865, para. 32(a)

F295 Word substituted by S.I. 1980/178, para. 18(2)

. . . F296

Textual Amendments

F296 Words repealed by S.I. 1973/1865, para. 32(b)

Any error discovered on the Roll should at once be reported to the undersigned.

Dated this.......................day of 19.....

[F297 Church]Electoral Roll Officer

Textual Amendments

F297 Word inserted by S.I. 1973/1865, para. 32(c)

Address

[F298 In this Notice “parish” means an ecclesiastical parish.]

Textual Amendments

F298 Note inserted by S.I. 1984/1039, para. 29(2)

SECTION 4 E NOTICE OF ANNUAL PAROCHIAL CHURCH MEETING

Parish of

The Annual Parochial Church Meeting will be held in

on day of

at

For the election of Parochial representatives of the laity as follows:—

[F299 *To the Deanery Synod representatives.]

Textual Amendments

F299 Entries transferred by S.I. 1973/1865, para. 33(2)

[F299 To the Parochial Church Council representatives.]

For the election of Sidesmen.

For the consideration of:—

(a) A copy or copies of the Roll;

(b) An Annual Report of the proceedings of the Council;

(c) An Annual Report on the financial affairs of the parish;

(d) The audited Accounts of the Council for the year ending on the 31st December immediately preceding the meeting;

(e) An audited Statement of the funds and property of the Council;

(f) A Report upon the fabric, goods and ornaments of the church or churches of the parish;

(g) A Report on the proceedings of the Deanery Synod; and other matters of parochial or general Church interest.

All persons whose names are entered upon the Church Electoral Roll of the parish (and such persons only) are entitled to vote at the election of parochial representatives of the laity.

. . . F300

Textual Amendments

F300 Para. repealed by S.I. 1973/1865, para. 33(3)

[F301 [F302 Subject to the provisions of rule 9(1B), a person is qualified to be elected a parochial representative of the laity to the deanery synod if]—

(a) his name is entered on the church electoral roll of the parish;

(b) he is a member of the Church of England who is confirmed or ready and desirous of being confirmed and has received Communion according to the use of the Church of England or a Church in communion with the Church of England at least three times during the twelve months preceding the date of the election; and

(c) he is of 18 years or upwards.

Textual Amendments

F301 Para. substituted by S.I. 1973/1865, para. 33(4)

F302 Words substituted by S.I. 1989/2095, para. 4(1)

[F303 Subject to the provisions of rule 9(1A), a person is qualified to be elected a parochial representative of the laity to the parochial church council if]—

(a) his name is entered on the church electoral roll of the parish; and

(b) he is a member of the Church of England who is confirmed or ready and desirous of being confirmed or a communicant member of a Church in communion with the Church of England and has received Communion according to the use of the Church of England or a Church in communion with the Church of England at least three times during the twelve months preceding the date of the election.][F304 and

Textual Amendments

F303 Words substituted by S.I. 1989/2095, para. 4(2)

F304 Words inserted by S.I. 1980/178, para. 18(3)

(c) he is of 17 years or upwards]

Any person whose name is on the roll may be a sidesman.

[F305 ** A scheme is in operation in this parish which provides that any person entitled to vote in the elections of parochial representatives of the laity to the parochial church council or to the deanery synod or to both that council and that synod may make application on the appropriate form to the undersigned for a postal vote. The completed form must be received before the commencement of the Annual Parochial Church Meeting.

Textual Amendments

F305 Words inserted by S.I. 1989/2094, para. 17(5)

** This paragraph should be deleted if no scheme for postal voting is in operation in the parish.]

Signed

**Minister of the parish

**Include where applicable.

**Or “Vice-Chairman of the Parochial Church Council” as the case may be (see rule 6(3) of the Church Representation Rules).

[F306 In this Notice “parish” means an ecclesiastical parish.]

Textual Amendments

F306 Note inserted by S.I. 1984/1039, para. 29(2)

[F307 SECTION 4A E APPLICATION FOR A POSTAL VOTE

Textual Amendments

F307 Section 4A inserted by S.I. 1989/2094, para. 17(6)

Parish of

I (Full Christian name and surname)

of (Full postal address)

declare that my name is entered on the church electoral roll of the above parish and I hereby make application for a postal vote in any elections to which postal voting applies to be held at the forthcoming annual parochial church meeting for the parish. The voting paper should be sent or delivered to me at the above address OR *at the following address

Dated ............................19

Signed

*delete as appropriate]

SECTION 5 E NOTICE OF ELECTION TO HOUSE OF CLERGY OR HOUSE OF LAITY OF DIOCESAN SYNOD

Diocese of

Deanery of

1 E An election of......... members of the House of Clergy/Laity of the Diocesan Synod will be held in the above Deanery on

2 Candidates must be nominated and seconded by qualified electors on forms to be obtained from

[F308 All members, other than co-opted members [F309 and members who were elected pursuant to rule 9(1B)], of the House of Clergy/Laity of the deanery synod are qualified electors.]

Textual Amendments

F308 Para. inserted by S.I. 1973/1865, para. 34

F309 Words inserted by S.I. 1989/2095, para. 5

[F310 3 E The election will be decided by simple majority/ [F311 the single transferable vote.]]

Textual Amendments

F310 S. 5(3) inserted by S.I. 1980/178, para. 18(4)

F311 Words substituted by S.I. 1984/1039, para. 29(3)

[F312 4] E Nominations must be received by no later than 12 o’clock (noon) on

Date

Presiding Officer.

Textual Amendments

F312 S. 5(4) (originally 5(3)) renumbered by S.I. 1980/178, para. 18(4)

SECTION 6 E FORM OF NOMINATION TO THE HOUSE OF CLERGY OR HOUSE OF LAITY OF THE DIOCESAN SYNOD

Diocese of

Deanery of

Election of members of the House of Clergy/Laity of the Diocesan Synod

We the undersigned, being qualified electors, hereby nominate the following person as a candidate at the election in the above Deanery.

Surname	[F313 Christian Names]	Address . . . F314

Textual Amendments

F313 Words substituted by S.I. 1973/1865, para. 35

F314 Words repealed by S.I. 1989/2094, para. 17(7)

Proposer’s signature

Proposer’s full name

Address

Seconder’s signature

Seconder’s full name

Address

I, the above named hereby signify my willingness to serve as a member of the House of Clergy/Laity of the Diocesan Synod if elected.

Candidate’s signature

Note: This nomination must be sent to

so as to be received no later than 12 noon on

[F315 All members, other than co-opted members [F316 and members who were elected pursuant to rule 9(1B)], of the House of Clergy/Laity of the deanery synod are qualified electors]

Textual Amendments

F315 Para. inserted by S.I. 1973/1865, para. 35

F316 Words inserted by S.I. 1989/2095, para. 6

SECTION 7 E FORM OF VOTING PAPER FOR ELECTIONS TO THE HOUSE OF CLERGY OR THE HOUSE OF LAITY OF THE DIOCESAN SYNOD

Diocesan Synod

Election of members of the House of Clergy/Laity

Deanery of

members to be elected.

Voting Paper

Candidates’ names, addresses . . . F317	Mark your vote in this column

Textual Amendments

F317 Words repealed by S.I. 1989/2094, para. 17(8)

[F318 Guidance to Voters]

Textual Amendments

F318 Words substituted by S.I. 1984/1039, para. 29(4)

1. This voting paper must be signed [F318 and the full name written on the reverse].

2. You have as many votes as there are members to be elected.

3. You may not give more than one vote to any one candidate.

4. You vote by placing an “X” opposite the name(s) of the candidate(s) of your choice.

5. If you inadvertently spoil your voting paper you may return it to the Presiding Officer who will give you another paper.

6. This voting paper duly [F318 completed on the reverse thereof] must be delivered (by post or otherwise) to

so as to arrive by no later than

[F319 (To be printed on back of form)]

Textual Amendments

F319 Words inserted by S.I. 1980/178, para. 18(5)

Signature of Voter

Full name

Address

[F320 SECTION 8] E FORM OF VOTING PAPER FOR ELECTION TO THE HOUSE OF CLERGY OR THE HOUSE OF LAITY OF THE DIOCESAN SYNOD

Textual Amendments

F320 Form inserted by S.I. 1980/178, para. 18(6), Sch.

Diocesan Synod

Election of members of the House of Clergy/Laity

Deanery of

members to be elected.

Voting Paper

Candidates’ names, addresses . . . F321	Mark your vote in this column

Textual Amendments

F321 Words repealed by S.I. 1989/2094, para. 17(8)

[F322 Guidance to Voters]

Textual Amendments

F322 Words substituted by S.I. 1984/1039, para. 29(5)

1. This voting paper must be signed and the full name written on the reverse.

2. Use your single transferable vote by entering “1” against your first preference, and if desired, “2” against your second preference, “3” against your third preference, and so on as far as you wish. The sequence of your preferences is crucial. NO CROSS should be used.

3. You should continue to express preferences for as long as you are able to place successive candidates in order. A later preference is considered only if an earlier preference either has a surplus above the quota (the minimum number required to guarantee election) or has been excluded because of insufficient support.

4. The numbering of your preferences must be consecutive and given to different candidates. Remember that your making a second or subsequent preference cannot affect the chances of any earlier preference.

5. If you inadvertently spoil your voting paper you may return it to the Presiding Officer who will give you another paper.

6. The voting paper duly completed on the reverse thereof must be delivered (by post or otherwise) to

so as to arrive by no later than

(to be printed on back of form)	Signature of Voter
	Full name
	Address

APPENDIX II E

general provisions relating to parochial church councils E

Officers of the council. E

1 (a) The minister of the parish shall be chairman of the parochial church council (hereinafter referred to as “the council”).

(b) A lay member of the council shall be elected as vice-chairman of the council.

(c) During the vacancy of the benefice [F323 or]when the chairman is incapacitated by absence or illness or any other cause [F324 or when the minister invites him to do so]the vice-chairman of the council shall act as chairman and have all the powers vested in the chairman.

(d) The council may appoint one of their number to act as secretary of the council. If no member is appointed so to act the council shall appoint some other fit person with such remuneration (if any) as they shall think fit. The secretary shall have charge of all documents relating to the current business of the council except that, unless he is the electoral roll officer; he shall not have charge of the roll. He shall be responsible for keeping the minutes, shall record all resolutions passed by the council and shall keep the secretary of the diocesan synod and deanery synod informed as to his name and address.

(e) The council may appoint one or more of their number to act as treasurer solely or jointly. Failing such appointment, the office of treasurer shall be discharged jointly by such of the churchwardens as are members of the council, or, if there is only one such churchwarden, by the churchwarden solely. No remuneration shall be paid to any person in respect of his appointment as treasurer.

(f) The council shall appoint an electoral roll officer, who may but need not be a member of the council and may be the secretary, and if he is not a member may pay to him such remuneration as it shall think fit. He shall have charge of the roll.

(g) If auditors to the council are not appointed by the annual meeting, or if auditors appointed by the annual meeting are unable or unwilling to act, auditors [F325 (who shall not be members of the council)] shall be appointed by the council. The remuneration (if any) of the auditors shall be paid by the council.

Textual Amendments

F323 Word substituted by S.I. 1980/178, para. 19

F324 Words inserted by S.I. 1980/178, para. 19

F325 Words inserted by S.I. 1984/1039, para. 30(1)

Meetings of Council. E

2 The council shall hold not less than four meetings in each year. Meetings shall be convened by the chairman and if not more than four meetings are held they shall be at quarterly intervals so far as possible.

Power to call meetings. E

3 The chairman may at any time convene a meeting of the council. If he refuse or neglect to do so within seven days after a requisition for that purpose signed by not less than one-third of the members of the council has been presented to him those members may forthwith convene a meeting.

Notices relating to meetings. E

4 (a) Except as provided in paragraph 8 of this Appendix, at least ten clear days before any meeting of the council notice thereof specifying the time and place of the intended meeting and signed by or on behalf of the chairman of the council or the persons convening the meeting shall be posted at or near the principal door of every church, or building licensed for public worship in the parish.

(b) Not less than seven days before the meeting a notice thereof specifying the time and place of the meeting signed by or on behalf of the secretary shall be [F326 posted or delivered] to every member of the council. Such notice shall contain the agenda of the meeting including any motion or other business proposed by any member of the council of which notice has been received by the secretary.

[F327 The notice required by this sub-paragraph shall not be required for a council meeting immediately following the annual parochial church meeting being a council meeting which has been called solely for the purpose of appointing or electing any officers of the Council or the members of the standing committee thereof provided that the notice required by sub-paragraph (a) hereof has been given.]

[F328 (c) If for some good and sufficient reason the chairman, vice-chairman and secretary , or any two of them, consider that a convened meeting should be postponed, noitce shall be given to every member of the council specifying a reconvened time and place within fourteen days of the postponed meeting.]

Textual Amendments

F326 Words substituted by S.I. 1989/2094, para. 18(1)

F327 Paragraph inserted by S.I. 1989/2094, para. 18(1)

F328 Para. 4(c) inserted by S.I. 1984/1039, para. 30(2)

Chairman at meetings. E

5 Subject to the provisions of [F329 rules 18 and 18A] the chair at a meeting of the council shall be taken:—

(a) by the chairman of the council if he is present;

[F330 (b) subject to paragraphs (c) and (d) hereof, if the chairman of the council is not present, by the vice-chairman of the council if he is present;

(c) if the benefice is vacant and a minister acting as priest-in-charge of a parish in respect of which rights of presentation are suspended, by the priest-in-charge;]

[F331 [F332 (d)] In the case of a parish in the area of a benefice for which a team ministry is established, by the rector in that ministry if he is present and both the vicar in that ministry who would if he were present be entitled, by virtue of a provision in a pastoral scheme or the bishop’s licence, to preside and the vice-chairman of the council are not present].

Provided that at any such meeting the chairman [F333 presiding] shall, if he thinks it expedient to do so or the meeting so resolves, vacate the chair either generally or for the purposes of any business in which he has a personal interest or for any other particular business.

Should neither the chairman or vice-chairman [F334 , the vice chairman, nor, where sub-paragraphs (c) and (d) above apply, the priest-in-charge or rector] be available to take the chair for any meeting or for any particular item on the agenda during a meeting then a chairman shall be chosen by those members present from among their number and the person so chosen shall preside for that meeting or for that particular item.

Textual Amendments

F329 Words substituted by S.I. 1989/2094, para. 18(2)(i)

F330 Appendix II para. 5(b)(c) substituted for (b) by S.I. 1989/2094, para. 18(2)(ii)

F331 Para. 5(c) inserted by S.I. 1981.959, para. 11(1)

F332 Appendix II para. 5(c) renumbered (d) by S.I. 1989/2094, para. 18(2)(iii)

F333 Words substituted by S.I. 1981/959, para. 11(2)(a)

F334 Words substituted by S.I. 1989/2094, para. 18(2)(iv)

Quorum and agenda. E

6 No business shall be transacted at any meeting of the council unless at least one-third of the members are present thereat and no business which is not specified in the agenda shall be transacted at any meeting except by the consent of three-quarters of the members present at the meeting.

Order of business. E

7 The business of a meeting of the council shall be transacted in the order set forth in the agenda unless the council by resolution otherwise determine.

Short Notice for emergency meetings. E

8 In case of sudden emergency or other special circumstances requiring immediate action by the council a meeting may be convened by the chairman of the council at not less than three [F335 clear]days’ notice in writing to the members of the council but the quorum for the transaction of any business at such meetings shall be a majority of the then existing members of the council and no business shall be transacted at such meeting except as is specified in the notice convening the meeting.

Textual Amendments

F335 Word inserted by S.I. 1973/1865, para. 36

Place of meetings. E

9 The meeting of the council shall be held at such place as the council may direct or in the absence of such direction as the chairman may direct.

Vote of majority to decide. E

10 The business of the Council shall be decided by a majority of the members present and voting thereon.

Casting vote. E

11 In the case of an equal division of votes the chairman of the meeting shall have a second or casting vote.

Minutes. E

12 (a) The names of the members present at any meeting of the council shall be recorded in the minutes.

(b) If one-fifth of the members present and voting on any resolution so require, the minutes shall record the names of the members voting for and against that resolution.

(c) Any member of the council shall be entitled to require that the minutes shall contain a record of the manner in which his vote was cast on any resolution.

(d) Members of the council shall have access to the minutes of all meetings, but no other person other than the bishop [F336 or the archdeacon or a person authorised by either of them in writing, shall have access to the minutes or part thereof] without the authority of the council.

Textual Amendments

F336 Words substituted by S.I. 1984/1039, para. 30(3)

Adjournments. E

13 Any meeting of the council may adjourn its proceedings to such time and place as may be determined at such meeting.

Standing committee. E

14 (a) The council shall have a standing committee consisting of not less than five persons. The minister and such of the churchwardens as are members of the council shall be ex-officio members of the standing committee, and the council shall by resolution appoint at least two other members of the standing committee from among its own members and may remove any person so appointed. [F337 Unless removed from office, the appointed members shall hold office from the date of their appointment until the conclusion of the next annual meeting of the parish.]

(b) The standing committee shall have power to transact the business of the council between the meetings thereof subject to any directions given by the council.

Textual Amendments

F337 Words inserted by S.I. 1989/2094, para. 18(3)

Other committees. E

15 The council may appoint other committees for the purpose of the various branches of church work in the parish and may include therein persons who are not members of the council. The minister shall be a member of all committees ex-officio.

Validity of proceedings. E

16 No proceedings of the council shall be invalidated by any vacancy in the membership of the council or by any defect in the qualification or election of any member thereof.

Interpretation. E

17 Any question arising on the interpretation of this Appendix shall be referred to the bishop of the diocese and any decision given by him or by any person appointed by him on his behalf shall be final.

Section 4.

SCHEDULE 4 E Transitional Provisions

Extent Information

E3 For extent to the Channel Islands and the Isle of Man see s. 9(3)-(5)

Transfer of Functions from Convocations E

1 (1) The transfer of functions from the Convocations of Canterbury and York to the General Synod on the appointed day shall not affect the validity of anything done by the Convocations before the appointed day in the exercise of those functions; and any Canons, Acts of Convocation, regulations, directions, instruments or other things made, given or done by the said Convocations in the exercise of those functions shall, if in force immediately before that day, continue in force and have effect as if they had been made, given or done by the General Synod. E

(2) Any business of the said Convocations in the exercise of the functions aforesaid, being business which was pending immediately before the dissolution of the said Convocations preceding the appointed day, shall not abate by reason of the dissolution but may be resumed by the General Synod at the stage which the business had reached immediately before the dissolution.

Reconstitution of Church Assembly E

2 (1) The reconstitution of the Church Assembly as the General Synod shall not affect the validity of anything done by the Assembly before the appointed day; and any orders, regulations, rules, directions, instruments or other things made, given or done by the Church Assembly and in force immediately before the appointed day shall continue in force and have effect as if they had been made, given or done by the Church Assembly reconstituted as the General Synod. E

(2) The reconstitution of the Church Assembly as the General Synod shall not affect any Boards, Commissions, Committees or other bodies of the Church Assembly which would otherwise continue in being, or any officers of the Church Assembly (which expression includes all persons in receipt of salaries paid from the Church Assembly Fund); and they shall continue as the Boards, Commissions, Committees, bodies and officers of the General Synod, but without prejudice to the making of such changes as the General Synod may determine in accordance with its constitution and standing orders.

(3) Any business pending before the Church Assembly immediately before the appointed day may be continued by the Assembly reconstituted as the General Synod.

(4) The Archbishops of Canterbury and York may, before the appointed day, make or authorise the making of all such temporary appointments and arrangements and the doing of all such things as they may think necessary to j enable the functions of the General Synod to be discharged effectively as from the appointed day.

Changes affecting Diocesan and Ruridecanal Conferences E

3 (1) The dissolution of a diocesan conference and the transfer of functions from the conference to a diocesan synod shall not affect the validity of anything done by the conference before its dissolution or affect the continuance in being of any other diocesan body; and any scheme, direction, appointment, election, resolution, notice, instrument or other thing given, made or done by the diocesan conference which could have been given, made or done by the diocesan synod shall, if in force immediately before the conference was dissolved, continue in force and have effect as given, made or done by the diocesan synod. E

(2) The repeal of the Representation of the M14 Laity Measure 1956 and the Diocesan Conferences Regulation 1958 shall not take effect as respects any diocesan conference or ruridecanal conference until that conference is dissolved under this Measure.

(3) It shall not be necessary to hold any further elections of members of diocesan conferences and ruridecanal conferences and the term of office of the existing elected members thereof shall be extended until the conferences are dissolved under this Measure, and this provision shall be deemed to have had effect as from the 1st January 1969.

Marginal Citations

M14 1956 No. 2.

Commencement of Church Representation Rules E

4 (1) The repeal of the Rules for the Representation of the Laity by this Measure shall not affect any person’s membership of the House of Laity or of any other body, or the tenure of any office, or the contents of any church electoral roll, until such membership is terminated, or such office is vacated, or such roll is revised or replaced, under the Church Representation Rules. E

(2) The references in rule 12(1)(e) of the said Rules to lay members of any deanery synod, diocesan synod or the General Synod shall, until the said synods are respectively constituted, be construed as references to lay members of any ruridecanal conference, diocesan conference or the Church Assembly, and references in rule 19(2) and (3) and Rule 24(3) to the General Synod shall, until it is constituted, be construed as references to the Church Assembly.

(3) Any determination, resolution, appointment, ruling, consent or other thing made, given or done for the purposes of any provision of the Rules for the Representation of the Laity shall, if in effect immediately before the commencement of this Measure, continue to have effect, so far as applicable, for the purposes of any corresponding provision of the Church Representation Rules, and may be revoked or varied as if made under the last-mentioned Rules.

5 (1) The first elections of parochial representatives of the laity to deanery synods under the Church Representation Rules shall take place at the annual meetings of parishes in the year 1970, and the first choosing of members of deanery synods under any such resolution as is mentioned in Part III of the said Rules shall be completed not later than thirtieth April in that year, and the powers of diocesan synods under the said Part III shall, for the purposes of the first elections and choosing as aforesaid, be exercised by diocesan conferences. E

(2) The first elections by the members of deanery synods of members of diocesan synods under Part IV of the Church Representation Rules shall take place in the year 1970; and the diocesan synods shall forthwith after those elections be constituted in accordance with the said Part IV, and the powers of diocesan synods under that Part shall, for the purposes of those first elections, be exercised by diocesan conferences.

(3) The election of members of the House of Laity due to take place in the year 1970 under the Rules for the Representation of the Laity shall be held during the periods in that year fixed under rule 25(1) of those Rules, and rule 25(4) thereof shall apply to that election instead of rule 33(4) of the Church Representation Rules, but in other respects the election and matters connected therewith shall be held and carried out in accordance with the Church Representation Rules, subject to the modification that the powers exercisable by the General Synod shall be exercisable by the Church Assembly (as constituted at the passing of this Measure); and the House of Laity then elected and constituted shall, on the appointed day, be the House of Laity of the General Synod.

(4) Any certificate or information required by the Church Representation Rules to be given to or by the secretaries of deanery synods, diocesan synods or the General Synod shall, before the said synods are constituted, be given to or by the secretaries of ruridecanal conferences, diocesan conferences or the Church Assembly, as the case may be, and the certificate required to be given under rule 25(5) shall certify the number of beneficed or licensed clergy of the chapter of clergy of the ruridecanal conference, which shall be treated as if it were the house of clergy of the deanery synod; and any certificates received by the secretaries of the said conferences shall, where necessary, be given or sent to the secretaries of the said synods when they are constituted.

(5) The powers of diocesan synods under rule 23 and rule 28 of the said rules to make rules of procedure for deanery synods and diocesan synods respectively shall be exercisable by diocesan conferences before the constitution of diocesan synods, without prejudice to any rules so made being amended or replaced by diocesan synods when constituted.

Power to Remove Transitional Difficulties E

6 (1) If any difficulty arises on or in connection with any of the transitional matters for which this Schedule provides, it shall be referred to the Archbishops of Canterbury and York who may give any directions which they may consider expedient for the purpose of removing the difficulty, and such directions may extend the time for doing anything required by the Church Representation Rules for or in connection with the first elections or choosing of members of any bodies constituted under or in accordance with those Rules. E

(2) Rule 43(6) and (7) of the said Rules shall extend to the functions of the Archbishops under this paragraph.