Church Representation and Ministers Measure 2019

2019 No. 1

A Measure passed by the General Synod of the Church of England to make provision about Church representation and ministers.

[4th July 2019]

Church Representation E

1 Church Representation Rules E

(1) For Schedule 3 to the Synodical Government Measure 1969 (the Church Representation Rules) substitute the Schedule 3 contained in Schedule 1 to this Measure.

(2) In section 7 of that Measure (power to make Church Representation Rules), after subsection (1) insert—

“(1A) A resolution under this section may include transitional, transitory or saving provision in connection with the commencement of a provision of the resolution.

(1B) A resolution under this section may include consequential provision, including provision which amends, or which repeals or revokes a provision of, a Measure or an instrument made under a Measure.”

(3) Schedule 2 to this Measure (which contains consequential amendments) has effect.

(4) Schedule 3 to this Measure (which contains transitional provisions and savings) has effect.

Commencement Information

I1 S. 1 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Ministers E

2 Admission to holy orders E

The General Synod may make provision by Canon for the bishop of a diocese to admit a person into Holy Orders if the bishop is satisfied that the person is to be provided with an office to be held under Common Tenure in the diocese.

Commencement Information

I2 S. 2 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Final E

3 Short title, commencement and extent E

(1) This Measure may be cited as the Church Representation and Ministers Measure 2019.

(2) This section comes into force on the day on which this Measure is passed.

(3) The preceding provisions of this Measure come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint; and different days may be appointed for different purposes.

(4) The Archbishops of Canterbury and York may by order jointly make transitional, transitory or saving provision in connection with the commencement of a provision of this Measure.

(5) The power to make an order under subsection (3) or (4) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament.

(6) This Measure extends to the whole of the provinces of Canterbury and York, but extends to the Channel Islands and the Isle of Man only in accordance with the following provisions of this section.

(7) This Measure may be applied to the Channel Islands, or either of them, in accordance with the Channel Islands (Church Legislation) Measures 1931 and 1957; and a reference in this section to the Channel Islands or either of them has the same meaning as a reference in those Measures to the Islands or either of them.

(8) If an Act of Tynwald or an instrument made under an Act of Tynwald so provides, the provisions of this Measure extend to the Isle of Man subject to such exceptions, adaptations or modifications as are specified in the Act or instrument.

SCHEDULES

Section 1(1)

SCHEDULE 1 E New Schedule 3 to the Synodical Government Measure 1969

Commencement Information

I3 Sch. 1 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Sections 4 and 7

“SCHEDULE 3 E Church Representation Rules

Part 1	Church electoral roll	Rules 1 to 10
Part 2	Parish governance	Rules 11 to 13
Part 3	Deanery synods	Rules 14 to 28
Part 4	Diocesan synods	Rules 29 to 45
Part 5	House of Laity of the General Synod	Rules 46 to 56
Part 6	Appeals	Rules 57 to 61
Part 7	Disqualification etc.	Rules 62 to 71
Part 8	Miscellaneous	Rules 72 to 84
Part 9	Parish governance: Model Rules	Rules M1 to M42
Section A	Annual parochial church meeting	Rules M1 to M14
Section B	Parochial church council	Rules M15 to M36
Section C	Joint council	Rules M37 to M42
Part 10	Forms
Part 11	Index

PART 1 E Church electoral roll

Compilation of the roll E

1 (1) In every parish there must be a church electoral roll (referred to in these Rules as “the roll”) on which the names of lay persons are entered in accordance with this Part of these Rules.

(2) A lay person is entitled to have his or her name on the roll of a parish if he or she—

(a) is baptised,

(b) is aged 16 or over (but see paragraph (7)),

(c) has made one of the following three declarations, and

(d) has duly applied for enrolment on Form 1.

(3) The first declaration is a declaration that the person—

(a) is a member of the Church of England or of a Church in communion with it, and

(b) is resident in the parish.

(4) The second declaration is a declaration that the person—

(a) is a member of the Church of England or of a Church in communion with it,

(b) is not resident in the parish, but

(c) has habitually attended public worship in the parish during the preceding six months.

(5) The third declaration is a declaration that the person—

(a) is a member in good standing of a Church which is not in communion with the Church of England but subscribes to the doctrine of the Holy Trinity,

(b) is also a member of the Church of England, and

(c) has habitually attended public worship in the parish during the preceding six months.

(6) A person who is entitled under this Rule to have his or her name on the roll of more than one parish is entitled to have his or her name on the roll of each of those parishes; but the following provisions specify purposes for which the person is required to choose one of those parishes—

(a) Rule 16(2) (membership of the house of laity of a deanery synod);

(b) Rule 33(6) (additional members of diocesan synod nominated by bishop);

(c) Rule 36(4) (eligibility for election to diocesan synod);

(d) Rule 50(8) (eligibility for election by diocesan electors);

(e) Rule M8(2) (eligibility for election as parochial representative of laity);

(f) Rule M15(6) or (7) (membership of PCC).

(7) Where a lay person, who is going to become 16 after a revision of the roll or the preparation of a new roll is complete but before the date of the annual parochial church meeting, duly applies for enrolment on Form 1, the enrolment may take effect on the person's 16th birthday.

(8) The roll of a parish must be kept and revised—

(a) by the PCC, or

(b) by the electoral roll officer under the direction of the PCC.

(9) Where a new parish is created by a pastoral scheme by the union of two or more former parishes, the roll of the new parish is in the first instance to consist of the rolls of the former parishes combined to form a single roll.

(10) In any other case where a new parish is created by a pastoral scheme, the roll of the new parish is in the first instance to consist of the name of every person who—

(a) on the date when the new parish comes into existence, has his or her name on the roll of a parish the whole or part of which forms part of the new parish, and

(b) is resident in the new parish or has habitually attended public worship there.

(11) The roll of a parish must, where practicable, specify the address of every person whose name is on it; but a failure to specify an address does not affect the validity of the entry.

(12) Where a person has provided an email address on Form 1, the roll must specify that email address.

(13) A copy of the roll of a parish must be made available for inspection, on a reasonable request being made to the PCC; and the copy made available for inspection must include every name entered on the roll but no other personal data.

Additions to the roll E

2 (1) The name of a person who is entitled to have his or her name on the roll of a parish must, subject to these Rules, be added to the roll.

(2) If additions are made to the roll, the electoral roll officer must report them at the next meeting of the PCC.

(3) A list of the names added, but no other personal data, must be made available for inspection, on a reasonable request being made to the PCC.

Revision of the roll: notice E

3 (1) The roll of a parish must be revised annually, except in a year in which a new roll is prepared (as to which, see Rules 6 and 7).

(2) Notice of the proposed revision must be given on Form 2 and displayed by or under the direction of the minister—

(a) in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b) in the case of each building in the parish licensed for public worship, in a location readily visible to members of the congregation.

(3) The notice under paragraph (2) must remain on display for at least 14 days before the proposed revision begins.

(4) In a case where the minister is absent or incapacitated by illness or for some other reason or where there is nobody who is the minister within the meaning of these Rules (see Rule 83(1)), the minister's function under this Rule is to be carried out by—

(a) the vice-chair of the PCC, or

(b) if there is not a vice-chair or the vice-chair is unable or unwilling to act, the secretary of the PCC or some other person appointed by the PCC.

Revision of the roll: preparation E

4 (1) On each revision of the roll of a parish—

(a) every addition to the roll since the previous revision (or, if there has not yet been a revision of the roll, since the formation of the roll) must be reviewed and any further additions must be made as necessary, and

(b) a person's name must be removed from the roll in each of the following cases.

(2) The first case is where the person has died.

(3) The second case is where the person has become a clerk in Holy Orders.

(4) The third case is where the person has stated in writing the wish to have his or her name removed.

(5) The fourth case is where the person was not entitled to have his or her name entered on the roll at the time it was entered.

(6) The fifth case is where the person—

(a) has ceased to reside in the parish,

(b) has not continued to habitually attend public worship in the parish during any period of six months, and

(c) has not been prevented from doing so by illness or other sufficient cause.

(7) The sixth case is where the person—

(a) is not resident in the parish,

(b) has not habitually attended public worship in the parish during the preceding six months, and

(c) has not been prevented from doing so by illness or other sufficient cause.

(8) The name of a person must not be removed from the roll in the fourth, fifth or sixth case unless the PCC has taken reasonable steps to establish the relevant facts.

(9) The removal of a person's name from the roll under these Rules does not affect any right the person may have, or may acquire, to have his or her name entered again.

(10) The revision of the roll of a parish must be completed at least 15 days, but no more than 28 days, before the annual parochial church meeting.

Publication of revised roll E

5 (1) After the completion of a revision of the roll of a parish under Rule 4, the PCC must—

(a) publish the roll in such form (whether electronic or otherwise) as it decides, and

(b) make a copy of the roll available for inspection, on a reasonable request being made.

(2) The period for which the revised roll is published under paragraph (1)(a) must be at least 14 days.

(3) The roll as published, and the copy made available for inspection, must include every name entered on the roll but no other personal data.

(4) A name may not be added to or removed from the roll between the completion of the revision of the roll and the conclusion of the annual parochial church meeting, except in so far as is necessary—

(a) to correct an omission or other error, or

(b) for complying with Rule 1(2)(b) and (7) (persons becoming 16).

Preparation of new roll: notice E

6 (1) Notice that a new roll for a parish is to be prepared must be given on Form 3 and displayed by or under the direction of the minister—

(a) in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b) in the case of a building in the parish licensed for public worship, in a location readily visible to members of the congregation.

(2) The notice under paragraph (1)—

(a) must be put on display at least two months before the annual parochial church meeting in every sixth year beginning with 2025, and

(b) must remain on display for at least 14 days.

(3) The preparation of a new roll for a parish—

(a) must not begin before the date on which the notice is displayed under paragraph (1), and

(b) must be completed at least 15 days, but no more than 28 days, before the annual parochial church meeting.

(4) At every service held on each of the two Sundays in the period of 14 days beginning with the date on which the notice is displayed under paragraph (1), the person conducting the service must inform the congregation of the preparation of the new roll.

(5) In the case of a church in which no service is held on either of the two Sundays in that period, at every service held on the first Sunday after the date on which the notice is displayed under paragraph (1), the person conducting the service must inform the congregation of the preparation of the new roll.

(6) In a case where the minister is absent or incapacitated by illness or for some other reason or where there is nobody who is the minister within the meaning of these Rules (see Rule 83(1)), the minister's function under this Rule is to be carried out by—

(a) the vice-chair of the PCC, or

(b) if there is not a vice-chair or the vice-chair is unable or unwilling to act, the secretary of the PCC or some other person appointed by the PCC.

Preparation of new roll: process E

7 (1) The PCC of each parish must take reasonable steps to inform every person whose name is on the roll of the parish—

(a) that a new roll is being prepared, and

(b) that, if the person wishes to have his or her name entered on the new roll, the person must apply for enrolment.

(2) The duty under paragraph (1) does not apply in the case of a person whose name would be removed under Rule 4 if the roll were being revised; but before deciding that a person comes within the fourth, fifth or sixth case under that Rule, the PCC must take reasonable steps to establish the relevant facts.

(3) On the preparation of a new roll, the name of each person who is entitled to have his or her name entered under Rule 1 must be entered on the roll; and a fresh application on Form 1 is required from each person whose name is already on the roll.

(4) A person whose name is already on the roll is not disqualified from having his or her name on the new roll merely because he or she has not complied with the condition in Rule 1(4)(c) or (5)(c) (habitual attendance at public worship), if the person was prevented from doing so by illness or other sufficient cause.

(5) In a case where paragraph (4) applies, the application on Form 1 must briefly state why the person did not comply with the condition in question.

Publication of new roll E

8 (1) After the completion of a new roll under Rule 7, the PCC must—

(a) publish the roll in such form (whether electronic or otherwise) as it decides, and

(b) make a copy of the roll available for inspection, on a reasonable request being made.

(2) The period for which the new roll is published under paragraph (1)(a) must be at least 14 days.

(3) The roll as published, and the copy made available for inspection, must include every name entered on the roll but no other personal data.

(4) A name may not be added to or removed from the roll in the 14 days beginning with the day on which the roll is published under paragraph (1)(a), except in so far as is necessary—

(a) to correct an omission or other error, or

(b) for complying with Rule 1(2)(b) and (7) (persons becoming 16).

(5) The new roll takes effect on its publication under this Rule (at which point the previous roll ceases to have effect).

Boundary changes E

9 (1) On an alteration of the boundaries of parishes, the PCC of each parish from which an area is transferred must ask each person resident in that area whose name is on the roll of the parish whether the person wishes to have his or her name transferred to the roll of the other parish.

(2) Where a person answers in the affirmative—

(a) the PCC must remove the person's name from the roll for its parish and inform the PCC of the parish in which the person now resides, and

(b) the PCC of that parish must enter the person's name on its roll without requiring him or her to apply for enrolment.

Notification of number on roll E

10 The chair, vice-chair, secretary or electoral roll officer of a PCC must, no later than 1 July in each year, give the secretary of the diocesan synod written notification of the number of names there are on the roll of the parish as at the date of the annual parochial church meeting.

PART 2 E Parish governance

Model Rules E

11 The Rules in Part 9 apply to each parish.

Scheme for amendment E

12 (1) The annual parochial church meeting or a special parochial church meeting may make a scheme to amend or supplement, or to replace (either as a whole or in part), the Rules in Part 9 in so far as they apply to that parish.

(2) A scheme under this Rule may not make provision which would disapply or suspend or restrict the application of—

(a) Rule M8(4) to (8) (disqualification from nomination to be parochial representative);

(b) Rule M13 (special parochial meeting);

(c) Rule M14 (extraordinary parochial meeting);

(d) Rule M15(2) and (3) (PCC: laity must outnumber clergy);

(e) Rule M15(13) (PCC: disqualification from membership);

(f) Rule M27(2) (PCC quorate only if majority present lay);

(g) Rule M36 (district church council: disqualification from membership);

(h) Rule M41 (joint council: disqualification from membership);

(i) Rule M42(5) (joint council: laity must outnumber clergy).

Procedure for making scheme E

13 (1) A scheme under Rule 12 is valid only if it is approved by at least two-thirds of the persons present and voting at the meeting.

(2) A scheme approved under paragraph (1) must be referred to the bishop's council and standing committee and must be accompanied by—

(a) a copy of the resolution of the meeting at which the scheme was approved, and

(b) a statement of the number of persons attending the meeting, the number voting for approval of the scheme and the number voting against.

(3) The bishop's council and standing committee, having had a scheme referred to it under paragraph (2), may—

(a) approve the scheme without amendment,

(b) approve the scheme subject to proposed amendments, or

(c) decline to approve the scheme.

(4) The bishop's council and standing committee may approve a scheme only if it is satisfied that the scheme—

(a) makes due provision for the representation of the laity of the parish,

(b) ensures effective governance of the parish,

(c) entitles the minister to chair the annual parochial church meeting and the PCC, and

(d) makes due provision for the allocation of property, rights, liabilities and functions to the PCC in circumstances where there is a scheme for the establishment of a joint council but the parish—

(i) ceases to be connected to the other parish or parishes to which the scheme applies (see Rule M37(4)), or

(ii) is dissolved by a pastoral scheme which makes provision under section 31(1)(b) of the Mission and Pastoral Measure 2011.

(5) An amendment proposed under paragraph (3)(b) is passed only if it is approved by at least two-thirds of the persons present and voting at the annual parochial church meeting or a special parochial church meeting.

(6) A scheme under Rule 12 does not come into operation unless it has been approved by the bishop's council and standing committee.

(7) A scheme under Rule 12 comes into operation on the day specified in the scheme.

(8) Where a scheme under Rule 12 is approved under this Rule, a copy of the scheme—

(a) must be filed in the diocesan registry, and

(b) must be sent to the secretary of the bishop's council and standing committee.

PART 3 E Deanery synods

Composition E

14 A deanery synod consists of—

(a) a house of clergy, and

(b) a house of laity.

House of clergy E

15 (1) The members of the house of clergy of a deanery synod are every clerk in Holy Orders—

(a) who is beneficed in or licensed to a parish in the deanery,

(b) who is licensed under section 2 of the Extra-Parochial Ministry Measure 1967 in respect of an institution in the deanery,

(c) who is a clerical member of the General Synod or a diocesan synod and is resident in the deanery,

(d) who is resident in the deanery and licensed by the bishop to work throughout the diocese or in more than one deanery and is not subject to a direction under Rule 17 to be a member of another deanery synod,

(e) who is not resident in the deanery but is subject to a direction under Rule 17 to be a member of the deanery synod,

(f) who holds permission to officiate, is resident in the deanery or has habitually attended public worship in the deanery during the preceding six months, and is elected or chosen as mentioned in paragraph (2),

(g) who is co-opted under Rule 18, or

(h) who is made a member by virtue of a scheme under Rule 23 or 24 (cathedrals, royal peculiars, mission initiatives).

(2) One clerk who is eligible for membership under paragraph (1)(f) is to be elected or chosen—

(a) for every ten clerks of that description, and

(b) where the number of such clerks is not divisible by ten without fraction or remainder, for the fraction or remainder.

(3) The election or choice under paragraph (2) is made by and from the clerks who are eligible for membership under paragraph (1)(f) in such manner as the bishop may approve.

(4) As soon as possible after 31 December in the year before an election of the parochial representatives of the laity to the deanery synod, the rural dean of the deanery must inform the bishop of the number of clerks in Holy Orders who are eligible for membership under paragraph (1)(f).

(5) A member of a deanery synod under paragraph (1)(f)—

(a) is elected or chosen every three years, and

(b) holds office for a term of three years beginning with the next 1 July following the date when the election or choice takes place.

House of laity E

16 (1) The members of the house of laity of a deanery synod are—

(a) each parochial representative elected to the deanery synod by the annual parochial church meeting of each parish in the deanery,

(b) any lay member of the General Synod or a diocesan synod whose name is on the roll of a parish in the deanery,

(c) each deaconess or lay worker who is licensed by the bishop to work in the whole or part of the deanery,

(d) any deaconess or lay worker who is resident in the deanery and licensed by the bishop to work throughout the diocese or in more than one deanery and is not subject to a direction under Rule 17 to be a member of another deanery synod,

(e) any deaconess or lay worker who is not resident in the deanery but is subject to a direction under Rule 17 to be a member of the deanery synod,

(f) if the bishop considers that a community in the deanery which is in the spiritual care of a chaplain licensed by the bishop should be represented in the house of laity, one lay person chosen by and from the members of the community in such manner as the bishop approves,

(g) any lay person who is co-opted under Rule 18, and

(h) any lay person who is made a member by virtue of a scheme under Rule 23 or 24 (cathedrals, royal peculiars, mission initiatives).

(2) Where a person's name is on the roll of more than one parish, the person must choose one of the parishes concerned for the purposes of paragraph (1)(a) or (b).

(3) A person is eligible for membership of a deanery synod under paragraph (1)(f) only if the person is an actual communicant and is aged 16 or over.

(4) The person who is the member of a deanery synod under paragraph (1)(f)—

(a) is chosen every three years, and

(b) holds office for a term of three years beginning with the next 1 July following the date when the choice is made.

Direction to join a different deanery synod E

17 (1) A clerk in Holy Orders, deaconess or lay worker who resides in the deanery and is licensed by the bishop to work throughout the diocese or in more than one deanery may be given a direction—

(a) not to be a member of the deanery synod for the deanery in which he or she resides, but

(b) instead to be a member of the deanery synod specified in the direction.

(2) A direction under this Rule may be given to a clerk in Holy Orders only by the clerical members of the bishop's council and standing committee; and, when doing so, they must have regard to the number of parochial and non-parochial clergy in the deanery in which the clerk resides.

(3) A direction under this Rule may be given to a deaconess or lay worker only by the lay members of the bishop's council and standing committee; and, when doing so, they must have regard to the number of deaconesses in the deanery in which the deaconess resides or (as the case may be) the number of lay workers in the deanery in which the lay worker resides.

(4) A person may not, as a result of a direction under this Rule, be a member of more than one deanery synod in the same diocese.

(5) A direction under this Rule may provide for—

(a) a specified category of clerks, deaconesses or lay workers (as the case may be) to choose some of their number to be members, and

(b) the term of office of a person so chosen.

Co-option E

18 (1) The house of clergy of a deanery synod may co-opt as additional members other clerks in Holy Orders.

(2) The house of laity of a deanery synod may co-opt as additional members other lay persons who are actual communicants aged 16 or over.

(3) The number of persons co-opted to a house under this Rule must not exceed either 5% of the total number of members of that house or three, whichever is greater.

(4) The term of office of a person co-opted under this Rule is (subject to termination or resignation) for the lifetime of the deanery synod; but that does not prevent the person from being co-opted on one or more subsequent occasions.

Election of parochial representatives E

19 (1) The parochial representatives of the laity on a deanery synod—

(a) are elected every three years beginning with 2020 by the annual parochial church meeting of each parish in the deanery, and

(b) hold office for a term of three years beginning with the next 1 July following the date of their election.

(2) The number of representatives to be elected from each parish is determined by a resolution of the diocesan synod no later than 31 December in the year preceding the elections.

(3) A diocesan synod may calculate the number of representatives from a parish for the purposes of paragraph (2)—

(a) by reference to the number of names on the roll of the parish specified in the notification under Rule 10,

(b) by reference to the number of parish churches or districts in the parish, or

(c) by a combination of both those methods.

(4) The secretary of a diocesan synod must, no later than 31 December in the year preceding the elections—

(a) certify to the secretary of each PCC the number of parochial representatives to be elected at the annual parochial church meeting of the parish, and

(b) give the secretary of each deanery synod a copy of each certificate given under sub-paragraph (a) and information relating to each parish in the deanery.

List of members to be given to diocesan electoral registration officer E

20 (1) The secretary of each deanery synod must, after the election of the parochial representatives of the laity to the synod but no later than the next following 1 July, give the diocesan electoral registration officer (see Rule 27)—

(a) a list of the names and addresses of the members of the house of clergy of that synod, specifying for each member the category of membership under Rule 15(1), and

(b) a list of the names and addresses of the members of the house of laity of that synod, specifying for each member the category of membership under Rule 16(1).

(2) If a person is co-opted to either house of a deanery synod under Rule 18, the secretary of the synod must give the diocesan electoral registration officer the name and address of the person.

(3) The secretary of each deanery synod must give the diocesan electoral registration officer details of any subsequent changes to the membership of the house of clergy or the house of laity of that synod.

Number of members E

21 (1) A diocesan synod must exercise its powers under this Part of these Rules so as to secure that the total number of members of each deanery synod in the diocese is—

(a) no more than 150 (subject to paragraph (2)), and

(b) so far as practicable, no less than 50.

(2) The figure of 150 given in paragraph (1)(a) may be exceeded in order—

(a) to secure that the house of laity has at least as many members as the house of clergy has, or

(b) to enable the operation of a scheme under Rule 23 or 24 which was made since the most recent resolution passed under Rule 19(2).

(3) For the avoidance of doubt, the figure of 150 given in paragraph (1)(a) includes the maximum number of persons who may be co-opted as members of either house.

Scheme for variation of membership E

22 (1) A diocesan synod may make a scheme to vary the preceding provisions of this Part of these Rules that relate to the membership of deanery synods so as both—

(a) to meet the special circumstances of the diocese or the deaneries, and

(b) to secure better representation of clergy or laity or both on the deanery synods.

(2) Where a scheme under this Rule has effect, the preceding provisions of this Part of these Rules, in so far as they apply to each deanery synod concerned, have effect subject to the scheme.

Scheme for representation for cathedrals and royal peculiars E

23 (1) In the case of the cathedral church of each diocese (other than the cathedral church of Christ in Oxford, as to which see paragraph (2)) or, where a diocese has more than one cathedral church, each of them, the diocesan synod must make a scheme to provide for the representation on a deanery synod of—

(a) the dean, the residentiary canons and other ministers (or any of them), and

(b) unless the cathedral church is a parish church, every lay person whose name is on the community roll.

(2) In the case of Westminster Abbey, St. George's Chapel, Windsor and the cathedral church of Christ in Oxford, the diocesan synod in each case must make a scheme to provide for the representation on a deanery synod of—

(a) the dean, the residentiary canons and other ministers (or any of them), and

(b) every lay person whom the dean has declared to be a habitual worshipper and whose name is not on the roll of a parish.

(3) A scheme under this Rule must include provision for determining the deanery synod or synods to which it applies.

Scheme for representation for mission initiatives E

24 (1) Where a bishop's mission order is in force, a diocesan synod must, at the direction of the bishop or bishops who made the order, make a scheme to provide for the representation on a deanery synod of such of the persons to whom the order relates as are specified in or under the scheme.

(2) The Code of Practice under section 84 of the Mission and Pastoral Measure 2011 (mission initiatives) must include guidance as to the exercise of functions under this Rule.

(3) The bishop or bishops, in giving a direction under paragraph (1), and the diocesan synod, in making a scheme under this Rule, must have regard to—

(a) the need to make due provision for the representation of the worshipping community involved in the mission initiative,

(b) the governance of the initiative (which may, for example, take the form of a charitable body of some kind), and

(c) the guidance referred to in paragraph (2).

(4) A scheme under this Rule must include provision for determining the deanery synod or synods to which it applies.

Schemes: approval E

25 (1) A copy of a proposed scheme under Rule 22, 23 or 24 must be given to each member of the diocesan synod at least 14 days before the meeting at which it is to be considered for approval.

(2) A proposed scheme under Rule 22 is approved by the diocesan synod only if—

(a) the house of bishops approves it,

(b) in the house of clergy, it is approved by at least two-thirds of the members present and voting, and

(c) in the house of laity, it is approved by at least two-thirds of the members present and voting.

(3) A proposed scheme under Rule 22 which is approved by the diocesan synod must be laid before the General Synod.

(4) If a member of the General Synod gives notice in accordance with its Standing Orders that the member wishes a proposed scheme under Rule 22 to be debated, the scheme does not come into operation unless it is approved by the General Synod.

(5) If a proposed scheme under Rule 22 is approved by the General Synod or no notice such as is mentioned in paragraph (4) is given, the scheme comes into operation—

(a) on the day after the end of the group of sessions during which it was laid before, or approved by, the Synod, or

(b) on such later date as the scheme may specify.

Procedure E

26 (1) A diocesan synod must make rules for the deanery synods in the diocese.

(2) The rules must include provision—

(a) for the rural dean and a member of the house of laity of the deanery synod elected by that house to be the joint chairs;

(b) for the joint chairs to decide between themselves who is to chair each meeting or particular items of business on the agenda;

(c) for there to be a secretary;

(d) for a specified minimum number of meetings to be held in each year;

(e) for decisions to be taken by a majority of members present and voting, except where the rules require there to be a vote by houses;

(f) for there to be a standing committee, the membership and functions of which are provided for by the rules;

(g) for a report of the deanery synod's proceedings to be given to every PCC in the deanery.

(3) The rules may include provision for such other matters consistent with the provision required by paragraph (2) as the diocesan synod decides.

(4) The provision which may be made under paragraph (3) includes provision to impose a maximum period for which a person may serve as an officer, or as a member of the standing committee, of a deanery synod in the diocese.

(5) The provision which may be so made also includes provision to enable the lay chair of each deanery synod in the diocese to continue to hold office as such until the election of his or her successor as chair.

(6) Subject to the rules, a deanery synod may determine its own procedure.

(7) “Lay chair”, in relation to a deanery synod, means the member of the house of laity of the deanery synod who, by virtue of paragraph (2)(a), is one of the two joint chairs of the synod.

Diocesan electoral registration officer E

27 (1) In each diocese, a diocesan electoral registration officer is appointed by the bishop's council and standing committee of the diocesan synod.

(2) The diocesan electoral registration officer must record in a register the name and address of every member of the house of clergy of each deanery synod in the diocese (the “register of clerical electors”).

(3) The diocesan electoral registration officer must record in a register (separate from the register of clerical electors) the name and address of every member of the house of laity of each deanery synod in the diocese (the “register of lay electors”).

(4) Persons co-opted as members of the house of clergy or the house of laity of a deanery synod are to be recorded separately in the register concerned.

(5) Where a member of the house of clergy or the house of laity of a deanery synod has provided the diocesan electoral registration officer with an email address, the address recorded for that member in the register must include that email address.

Casual vacancies E

28 (1) A casual vacancy among the parochial representatives elected to a deanery synod must be filled as soon as practicable after the vacancy occurs.

(2) Where the annual parochial church meeting is not due to be held within the two months following the occurrence of the vacancy, the vacancy must be filled by the election by the PCC of a person who is qualified to be elected as a parochial representative.

(3) An election to fill a casual vacancy among the parochial representatives elected to a deanery synod is, where possible, to be held at a time which will enable all casual vacancies among the parochial representatives so elected to have been filled by the time of the next election to the House of Laity of the General Synod; but no such election is invalid merely because such a casual vacancy is not filled.

(4) The secretary of a PCC must give a return of a parochial representative of the laity elected to fill a casual vacancy on the deanery synod—

(a) to the diocesan electoral registration officer, and

(b) to the secretary of the deanery synod.

PART 4 E Diocesan synods

Membership E

Composition E

29 (1) A diocesan synod consists of—

(a) a house of bishops,

(b) a house of clergy, and

(c) a house of laity.

(2) The bishop of the diocese is the president of the diocesan synod.

House of bishops E

30 The members of the house of bishops of a diocesan synod are—

(a) the bishop of the diocese,

(b) each suffragan bishop of the diocese, and

(c) such other persons in episcopal orders who work in the diocese as the bishop of the diocese may nominate with the agreement of the archbishop of the province.

House of clergy E

31 (1) The ex officio members of the house of clergy of a diocesan synod are—

(a) the dean of the cathedral church of the diocese or, where the diocese has more than one cathedral church, the dean of each of them,

(b) the archdeacon of each archdeaconry in the diocese,

(c) each proctor elected from the diocese or from a university or theological education institution in the diocese to the Lower House of Convocation of the province,

(d) any other member of the Lower House of Convocation of the province who resides in the diocese, being either an ex officio or co-opted member of that House or a person chosen by and from the clerical members of the religious communities in the province,

(e) the chancellor of the diocese (if in Holy Orders),

(f) the chair of the diocesan board of finance (if in Holy Orders),

(g) the chair of the diocesan board of education (if in Holy Orders), and

(h) the chair of the diocesan advisory committee (if in Holy Orders).

(2) The other members of the house of clergy of a diocesan synod are—

(a) any clerk in Holy Orders nominated by the bishop under Rule 33,

(b) each person elected by the house of clergy of each deanery synod in the diocese in accordance with Rules 35 to 42, and

(c) no more than five other persons, each of whom must be a clerk in Holy Orders and co-opted as a member by the house of clergy of the diocesan synod.

(3) The reference in paragraph (1)(a) to the dean of the cathedral church of a diocese includes—

(a) in the case of the diocese of London, a reference to the Dean of Westminster;

(b) in the case of the diocese of Oxford, a reference to the Dean of Windsor;

(c) in the case of the diocese of Winchester, a reference to the Deans of Jersey and Guernsey.

(4) For the purposes of paragraph (1)(c)—

(a) each institution which is a member of the University of London is to be treated as a separate university wholly in the diocese in which its main site is situated, and

(b) any other university or theological education institution which is situated in more than one diocese is to be treated as being wholly in the diocese in which its main site is situated.

House of laity E

32 (1) The ex officio members of the house of laity of a diocesan synod are—

(a) each person elected from the diocese as a member of the House of Laity of the General Synod,

(b) any other member of the House of Laity of the General Synod who resides in the diocese, being either an ex officio or co-opted member of that House or a lay person chosen by and from the religious communities in the province,

(c) the chancellor of the diocese (if not in Holy Orders),

(d) the chair of the diocesan board of finance (if not in Holy Orders),

(e) the chair of the diocesan board of education (if not in Holy Orders), and

(f) the chair of the diocesan advisory committee (if not in Holy Orders).

(2) The other members of the house of laity of a diocesan synod are—

(a) any lay person nominated by the bishop under Rule 33,

(b) each person elected by the house of laity of each deanery synod in the diocese in accordance with Rules 35 to 42, and

(c) no more than five other persons, each of whom must be an actual communicant aged 16 or over and co-opted as a member by the house of laity of the diocesan synod.

Power of bishop to nominate members E

33 (1) The bishop of a diocese may nominate up to ten additional members of the diocesan synod.

(2) A clerk in Holy Orders who is nominated under this Rule becomes a member of the house of clergy of the diocesan synod.

(3) A lay person who is nominated under this Rule becomes a member of the house of laity of the diocesan synod.

(4) A person who becomes a member of a diocesan synod under this Rule has the same rights, and is subject to the same requirements, as an elected member.

(5) Where a person nominated under this Rule is eligible under Rule 15 or 16 for membership of more than one deanery synod, the bishop's council and standing committee must designate the deanery synod of which the person is to be a member.

(6) Where a person nominated under this Rule is a lay person who is on the roll of more than one parish, the person must choose the PCC of which he or she is to be a member.

Restrictions on membership E

34 (1) A person may not be a member of more than one diocesan synod at the same time unless the person is—

(a) the chancellor of the diocese, or

(b) if a parish in the diocese has passed a resolution under the House of Bishops' Declaration on the Ministry of Bishops and Priests of 19 May 2014, a suffragan bishop chosen by the bishop of the diocese to undertake ministry in respect of that parish.

(2) The registrar of a diocese and any deputy registrar are each disqualified from—

(a) standing for election to the diocesan synod,

(b) being nominated or co-opted as a member, and

(c) being an ex officio member.

Election of members E

Timing E

35 (1) Every three years beginning with 2021, the house of clergy and the house of laity of each deanery synod in a diocese must elect the members of the diocesan synod.

(2) The elections must be completed by 15 July; and accordingly the bishop of the diocese—

(a) must fix the timetable and date for each election, and

(b) must ensure that the secretary of each deanery synod is informed.

(3) An elected member holds office for a term of three years beginning with the next 1 August following the election.

Eligibility E

36 (1) A clerk in Holy Orders who is a member of a deanery synod is qualified for election by the house of clergy of that deanery synod as a member of the diocesan synod.

(2) A clerk in Holy Orders may not stand for election by more than one deanery synod.

(3) A lay person is qualified for election by the house of laity of a deanery synod as a member of the diocesan synod if the person is an actual communicant aged 16 or over—

(a) whose name is on the roll of a parish in the deanery,

(b) whose name is on the community roll of a cathedral church in the deanery which is not a parish church,

(c) who, in a case where the area of the deanery includes Westminster Abbey, St. George's Chapel, Windsor or the cathedral church of Christ in Oxford, is declared by the dean to be a habitual worshipper, or

(d) who is declared by the leader of a mission initiative in the deanery to be part of the worshipping community involved in the initiative.

(4) A person whose name is on the roll of more than one parish must choose one of the parishes concerned for the purposes of paragraph (3)(a).

(5) A person who is part of the worshipping community involved in a mission initiative which is in more than one deanery, or who is part of the worshipping community involved in mission initiatives in different deaneries, must choose one of the deaneries concerned for the purposes of paragraph (3)(d).

Numbers E

37 (1) A diocesan synod must, no later than 31 December in the year before an election of its members, determine for each house of each deanery synod in the diocese the number of members to be elected by that house.

(2) In the case of an election by the house of clergy of a deanery synod, the number of members to be elected—

(a) must relate to the number of members of the house, and

(b) must be at least two.

(3) In the case of an election by the house of laity of a deanery synod, the number of members to be elected—

(a) must relate to the number of names on the roll of each parish in the deanery as notified under Rule 10, and

(b) must be at least two.

(4) The secretary of each deanery synod must, no later than 1 July in the year before an election of the members of the diocesan synod, certify to the secretary of the diocesan synod the number of members of the house of clergy of that deanery synod as at 31 May.

(5) When exercising its functions under this Rule, a diocesan synod must act so as to ensure—

(a) that the number of members of the synod is between 100 and 270, and

(b) that the number of members of the house of clergy and the number of members of the house of laity are approximately equal.

(6) For the avoidance of doubt, the figure of 270 given in paragraph (5)(a) includes the maximum number of persons who may either be co-opted or be nominated by the bishop.

(7) The secretary of each diocesan synod must, no later than 31 December in the year before an election of its members, certify to the secretary of each deanery synod in the diocese the numbers determined under this Rule for each house of that synod.

Presiding officers E

38 (1) The bishop of a diocese must appoint the presiding officers for an election of members of the diocesan synod.

(2) A person may not be appointed as a presiding officer for an election by a house of which that person is a member.

(3) The expenses of the elections are to be paid out of diocesan funds.

Qualified electors E

39 (1) A person is a qualified elector in an election of members of a diocesan synod if the person's name and address is, as at 6.00 a.m. on the day on which nomination papers for the election are issued under Rule 40—

(a) in the case of an election by the house of clergy of a deanery synod in the diocese, recorded in the register of clerical electors, or

(b) in the case of an election by the house of laity of a deanery synod in the diocese, recorded in the register of lay electors.

(2) But a member of either house who has been co-opted under Rule 18 is not a qualified elector in an election of members of the diocesan synod.

(3) The diocesan electoral registration officer must, at least 21 days before nomination papers are issued under Rule 40, give the secretary of each deanery synod in the diocese—

(a) a copy of the names and addresses recorded in the register of clerical electors, and

(b) a copy of those recorded in the register of lay electors.

(4) The secretary of each deanery synod must, within seven days of receiving the copy names and addresses, provide the diocesan electoral registration officer with—

(a) if the names and addresses are correct, a certificate in writing to that effect, and

(b) if they are not correct, a notification in writing of the corrections required.

(5) The diocesan electoral registration officer must, no later than seven days before nomination papers are issued under Rule 40, give a copy of the names and addresses (with whatever corrections are required having been made) to the presiding officer in the election.

(6) The register of clerical electors and the register of lay electors must be available for inspection at the diocesan office during the period beginning with the issue of nomination papers under Rule 40 and ending with the close of nominations.

(7) Each of the registers must, in the form in which it is made available for inspection, include the name of each elector but no other personal data.

(8) Corrections to either register may be made up until the close of nominations; but after the close of nominations, no names may be added to or removed from either register until the declaration of the result of the election.

Nomination E

40 (1) A candidate for election to the house of clergy of a diocesan synod must be nominated by two qualified electors, each of whom is a member of the house of clergy of the deanery synod to which the candidate belongs.

(2) A candidate for election to the house of laity of a diocesan synod must be nominated by two qualified electors, each of whom is a member of the house of laity of the deanery synod to which the candidate belongs.

(3) The presiding officer for the election must ensure that each qualified elector is given a notice of election in Form 4 and a nomination paper in Form 5; and the manner in which the Forms are to be given is—

(a) if the elector has notified the diocesan electoral registration officer that he or she wishes to use email for that purpose, by email to the address notified;

(b) otherwise, by post to the address recorded for that elector in the register of clerical or lay electors or in person.

(4) A nomination paper must be accompanied by a statement signed by the candidate—

(a) that he or she is willing to serve if elected, and

(b) if the candidate so wishes, setting out in no more than 100 words a factual statement for circulation with the voting papers of his or her professional qualifications, present office and relevant past experience.

(5) A nomination paper and the accompanying statement under paragraph (4) are to be given to the presiding officer; and the manner in which they are to be given is (subject to Rule 42(7))—

(a) if the elector has notified the diocesan electoral registration officer that he or she wishes to use email for that purpose, by email from the address notified, with the nomination paper and accompanying statement each being in the form of a scanned copy of the original or such other electronic form as the presiding officer may authorise, or

(b) otherwise, by post or in person.

(6) The presiding officer must, in accordance with the timetable fixed by the bishop under Rule 35(2)(a), determine the period within which nomination papers and the accompanying statements are to be lodged with him or her; and the period so determined must be at least 21 days, subject to that timetable.

(7) Where a nomination paper or accompanying statement is sent by email, the presiding officer may require the elector to provide the original before the end of three days after the end of the period determined under paragraph (6).

(8) The presiding officer must—

(a) scrutinise each nomination paper as soon as it is lodged, and

(b) without delay, inform the candidate whether the nomination is valid.

(9) If the presiding officer rules that a nomination is not valid, the officer must give reasons for that ruling.

(10) A person is not included as a candidate for an election to a diocesan synod if the presiding officer has not received a valid nomination for that person—

(a) by the end of the period determined under paragraph (6), except in so far as there is a requirement under paragraph (7) to be complied with, and

(b) in so far as there is such a requirement, by the end of the three days referred to in that paragraph.

(11) The presiding officer must, within seven days of receiving a request from a validly nominated candidate, supply free of charge to that candidate one copy of the name and address of every qualified elector.

Requirement for election E

41 (1) If the number of candidates for an election to a diocesan synod does not exceed the number of seats to be filled, each candidate is declared elected; and the presiding officer must inform each candidate and the secretary of the diocesan synod.

(2) If the number of candidates for an election to a diocesan synod exceeds the number of seats to be filled, an election must take place in accordance with Rule 42.

Conduct of election E

42 (1) Where an election to a diocesan synod is to be held, the presiding officer for the election must ensure that each qualified elector is given a voting paper in Form 6, or is given a voting paper in Form 7, showing the name of each candidate.

(2) The diocesan synod must, no later than 31 December in the year before an election of its members, decide which form of voting paper is to be used by the deaneries in the election.

(3) Where an election to fill a casual vacancy is being conducted under this Rule by virtue of directions under Rule 45, the form of voting paper to be used is the form decided on under paragraph (2).

(4) A vote in an election to a diocesan synod is counted only if (subject to paragraph (5) and Rule 45(1) and (2)) it is given on a voting paper—

(a) which is marked in the manner indicated on the paper,

(b) the back of which is signed by the elector and has his or her full name and address written on it, and

(c) which is returned to the presiding officer within the period determined by him or her in accordance with the timetable fixed by the bishop under Rule 35(2)(a), with that period being at least 14 days, subject to that timetable.

(5) If there is a system of electronic voting for elections to the General Synod, a diocesan synod may itself resolve to have a system of electronic voting for elections to that synod; and, if a diocesan synod does so resolve, the elections to that synod must be conducted in accordance with rules which the General Synod has approved by resolution.

(6) Rules under paragraph (5) may make provision equivalent to that made under Rule 56 (election rules for the House of Laity of the General Synod) in relation to electronic voting and may apply any provision of these Rules with or without modifications.

(7) If there is a system of electronic voting for elections to a diocesan synod, a completed nomination or voting paper may not be given by email; and Rule 76 (which makes provision authorising the use of email) is accordingly to be read subject to this paragraph.

(8) Where voting papers in Form 6 are used and there is an equality of votes, the presiding officer must decide the election by the drawing of a lot.

(9) An election in which voting papers in Form 7 are used is to be conducted by the single transferable vote system in accordance with the rules for the time being in force under the General Synod's Standing Orders, with whatever modifications to those rules are necessary.

(10) The presiding officer for an election to a diocesan synod must, no later than 1 August in the year in which the election is held, give a return of the result to—

(a) each candidate, and

(b) the secretary of the diocesan synod.

Scheme for variation of membership E

43 (1) A diocesan synod may make a scheme to vary the preceding provisions of this Part of these Rules that relate to the membership of diocesan synods so as both—

(a) to meet the special circumstances of the diocese, and

(b) to secure better representation of clergy or of laity, or of both, on the diocesan synod.

(2) Where a scheme under this Rule has effect, the preceding provisions of this Part of these Rules, in so far as they apply to the diocesan synod in question, have effect subject to the scheme.

(3) A copy of a proposed scheme under this Rule must be given to members of the diocesan synod at least 14 days before the meeting at which it is to be considered for approval.

(4) A proposed scheme under this Rule is approved by the diocesan synod only if—

(a) the house of bishops approves it,

(b) in the house of clergy, it is approved by at least two-thirds of its members present and voting, and

(c) in the house of laity, it is approved by at least two-thirds of its members present and voting.

(5) A proposed scheme under this Rule which is approved by the diocesan synod must be laid before the General Synod.

(6) If a member of the General Synod gives notice in accordance with its Standing Orders that the member wishes a proposed scheme under this Rule to be debated, the scheme does not come into operation unless it is approved by the General Synod.

(7) If a proposed scheme under this Rule is approved by the General Synod or no notice such as is mentioned in paragraph (6) is given, the scheme comes into operation—

(a) on the day after the end of the group of sessions during which it was laid before, or approved by, the Synod, or

(b) such later date as the scheme may specify.

Procedure E

44 (1) A diocesan synod must make standing orders.

(2) The standing orders must include provision—

(a) for the bishop of the diocese not to be required to chair meetings where the standing orders make other provision in that respect;

(b) for a member of the house of clergy to be elected as chair of that house and a member of the house of laity to be elected as chair of that house;

(c) for there to be a secretary;

(d) for a specified number of meetings to be held each year, with the minimum being two;

(e) for a meeting to be held if at least a specified number of members request that;

(f) for the bishop of the diocese to have a second, casting vote where there is an equality of votes in the house of bishops;

(g) for enabling the bishop of the diocese to require his or her opinion on a matter to be recorded in the minutes;

(h) for there to be a bishop's council and standing committee of the synod which has such membership as the standing orders may provide and—

(i) the functions exercisable by it under section 4(4) of this Measure, and

(ii) such other functions as may be conferred by the standing orders or by or under this or any other Measure or by or under Canon.

(3) The standing orders must also include provision—

(a) that, subject as follows, the assent of the synod is given only if each of the three houses gives its assent;

(b) that if the bishop of the diocese so directs on a question other than one on an Article 8 matter referred to the synod, the assent of the house of bishops is given only if the majority of the members who give assent includes the bishop;

(c) that a question relating only to the conduct of business is to be decided by the votes of the members present and voting;

(d) that any other question is to be decided by the votes of the members present and voting (with the assent of each of the three houses presumed), unless the bishop of the diocese or any ten members require there to be a separate vote by each house;

(e) that if the house of clergy and the house of laity are in favour of an Article 8 matter referred to the synod, it is deemed to be approved for the purposes of Article 8 of the Constitution.

(4) The standing orders may include provision for such other matters consistent with the provision required under paragraphs (2) and (3) as the diocesan synod decides.

(5) The provision which may be made under paragraph (4) includes provision to enable the chair of the house of clergy and the chair of the house of laity of the diocesan synod each to continue to hold office as such until the election of his or her successor as chair.

(6) A person may not serve as a member of more than one bishop's council and standing committee at the same time.

(7) The registrar of the diocese is the registrar of the diocesan synod.

(8) A reference in this Rule to an Article 8 matter referred to a diocesan synod is a reference to a matter referred by the General Synod to that diocesan synod under Article 8 of the Constitution.

Casual vacancies E

45 (1) A casual vacancy among the members of a diocesan synod elected by either house of a deanery synod may be filled by the election by that house of the deanery synod of a person qualified to be elected as such (as to which, see Rule 36).

(2) An election to fill a casual vacancy of that kind is to take place at a meeting of the members of that house of the deanery synod, unless the bishop of the diocese—

(a) directs that the election is to be conducted in accordance with Rules 38 to 42, and

(b) fixes the timetable and date for the election accordingly and ensures that the secretary of the deanery synod is informed.

(3) An election to fill a casual vacancy of that kind is to be completed, so far as possible, within six months of the occurrence of the vacancy (subject to Rule 74).

(4) Where an election to fill a casual vacancy of that kind is to take place at a meeting under paragraph (2) but is not completed within six months of the occurrence of the vacancy, the bishop must give directions (which may include directions for the election to be conducted in accordance with Rules 38 to 42).

(5) Where an election to fill a casual vacancy is to take place by virtue of a direction of the bishop under paragraph (2)(a) or (4), Rules 38 to 42 have effect, but as if a reference to the timetable fixed under Rule 35(2)(a) were a reference to the timetable fixed under paragraph (2)(b) or by virtue of paragraph (4) of this Rule.

(6) Where the period for holding a general election to either house of a diocesan synod is due to begin within nine months of the occurrence of the vacancy, it is not to be filled unless the members of the bishop's council and standing committee who are from the house concerned direct otherwise.

PART 5 E House of Laity of the General Synod

Membership E

46 (1) The members of the House of Laity of the General Synod are—

(a) each person elected by the diocesan electors of each diocese (see Rule 54),

(b) each representative elected under the Channel Islands (Representation) Measure 1931,

(c) two lay persons chosen by and from the members of religious communities having their mother house in either province, with the choice being made in such manner as the rules under Rule 56 provide,

(d) each person who is an ex officio member under Rule 47,

(e) each person who is co-opted under Rule 48, and

(f) at least three but no more than four other persons, each of whom is an actual communicant and who is elected or chosen as soon as practicable after a dissolution of the Synod in such manner as the Armed Forces Synod may decide.

(2) The term of office of a member of the House of Laity under paragraph (1)(a), (b), (c) or (f) is (subject to termination or resignation) for the lifetime of the Synod for which the member is elected or chosen; but that does not prevent the person from doing either of the following during a dissolution of the Synod—

(a) acting under Article 3(4) of the Constitution (under which a person may continue to act as a member of a body of the Synod);

(b) continuing to be an ex officio member of a body constituted under these Rules.

(3) The deadline for qualifying as a member of a religious community for the purposes of paragraph (1)(c) is 6.00 a.m. on—

(a) the date of the dissolution of the Synod, or

(b) where there is a casual vacancy, the date on which nomination papers are issued.

(4) The total number of persons elected or chosen under the following provisions taken together must not exceed seven—

(a) paragraph (1)(e) of this Rule (under which up to five persons may be co-opted as members),

(b) in Canon H2 (representation of the clergy in the Lower House of the Convocations), paragraph 1(d) in the form which it takes in relation to the Province of Canterbury, and

(c) in Canon H3 (constitution of the Upper Houses of the Convocations), paragraph 1(bb).

(5) For the purposes of this Part of these Rules, the diocese in Europe is to be treated as a diocese in the province of Canterbury.

Ex officio members E

47 (1) Each of the following, if not in Holy Orders, is an ex officio member of the House of Laity—

(a) the Dean of the Arches and Auditor;

(b) the Vicar-General of the Province of Canterbury;

(c) the Vicar-General of the Province of York;

(d) each of the three Church Estates Commissioners;

(e) the Chair of the Church of England Pensions Board;

(f) each member of the Archbishops' Council who is an actual communicant;

(g) the Chair of the Dioceses Commission.

(2) An ex officio member has the same rights and is subject to the same requirements as an elected member.

Co-option E

48 (1) The House of Laity may co-opt a lay person aged 18 or over who is an actual communicant; but the number of co-opted members may not at any time exceed five.

(2) A person may be co-opted only if at least two-thirds of the Standing Committee of the House of Laity have consented, either at a meeting or in writing.

(3) A co-opted member has the same rights and is subject to the same requirements as an elected member.

(4) A co-opted member serves until the next dissolution of the Synod, subject to paragraph (5); but that does not prevent the member from doing either of the following during a dissolution of the Synod—

(a) acting under Article 3(4) of the Constitution (under which a person may continue to act as a member of a body of the Synod);

(b) continuing to be an ex officio member of a body constituted under these Rules.

(5) The House of Laity may impose a shorter term of membership on a co-opted member than would otherwise be the case.

(6) Paragraphs (4) and (5) do not prevent a person from being co-opted on one or more subsequent occasions.

(7) The House of Laity may by standing orders make provision to regulate the procedure for the appointment of co-opted members and provision which is incidental to such appointments or which otherwise gives effect to this Rule.

Numbers E

49 (1) The total number of the members of the House of Laity elected by the diocesan electors of each diocese (“directly elected members”) and the representatives elected under the Channel Islands (Representation) Measure 1931 must not exceed 195.

(2) Each diocese must have at least three directly elected members, other than the diocese of Sodor and Man which is to elect only one member.

(3) The total number of directly elected members is to be decided by resolution of the General Synod no later than the last day of February in the fifth year after the most recent election of the House of Laity.

(4) A resolution under paragraph (3) must apportion the number of directly elected members between the province of Canterbury and the province of York—

(a) in the proportion of 70 to 30 (or as close to that as possible), or

(b) if the resolution specifies some other proportion, in that other proportion (or as close to it as possible).

(5) A resolution under paragraph (3) must divide the number of directly elected members among the dioceses so that the number of members to be elected by each diocese is as nearly as possible proportionate to the total number of names on the rolls of the parishes in that diocese.

(6) The method for making the division required under paragraph (5) is to be specified by the Business Committee.

(7) The secretary of each diocesan synod must, no later than 1 August in the fourth year after the most recent election of the House of Laity, certify to the Clerk to the General Synod the total number of names on the rolls of the parishes in that diocese (having received notifications under Rule 10).

(8) The number of directly elected members for a diocese must, once it has been decided by the General Synod, be certified as soon as is practicable to the secretary of the diocesan synod.

(9) If the General Synod is dissolved, or a dissolution is pending, but a resolution under paragraph (3) has not been made, the Presidents or the Synod may give directions as to deciding and certifying the number of directly elected members for each diocese.

(10) Directions under paragraph (9) may provide that the numbers decided and certified on the most recent occasion are to be treated as having been decided and certified for the purposes of the coming election.

Qualifications for election E

50 (1) A lay person is qualified for election for a diocese by the diocesan electors of that diocese if he or she meets—

(a) each of the first, second and third conditions, and

(b) one of the fourth, fifth and sixth conditions.

(2) The first condition is that the person has received Communion according to the use of the Church of England, or a Church in communion with it, at least three times in the twelve months preceding the relevant day.

(3) The second condition is that the person—

(a) is confirmed or ready and desirous of being confirmed, or

(b) comes within paragraph 1(b) of Canon B 15A (communicant member of Church which subscribes to doctrine of Holy Trinity).

(4) The third condition is that the person is aged 18 or over on the relevant day.

(5) The fourth condition is that the person's name is, as at 6.00 a.m. on the relevant day—

(a) on the roll of a parish in the diocese, or

(b) in the case of a cathedral church which is not a parish church, on the community roll of the cathedral church.

(6) The fifth condition is that, in a case where the area of the diocese includes Westminster Abbey, St. George's Chapel, Windsor or the cathedral church of Christ in Oxford, the person has at any time in the period of two months beginning one month before the relevant day, been declared by the dean to be a habitual worshipper.

(7) The sixth condition is that the person has, at any time in the period of two months beginning one month before the relevant day, been declared by the leader of a mission initiative in the diocese to be part of the worshipping community involved in the initiative.

(8) A person who is on the roll of more than one parish must choose one of those parishes for the purposes of this Rule.

(9) A person who is part of the worshipping community involved in a mission initiative which is in more than one diocese, or who is part of the worshipping community involved in mission initiatives in different dioceses, must choose one of the dioceses concerned for the purposes of this Rule.

(10) The “relevant day” means—

(a) the date of the dissolution of the Synod, or

(b) in the case of an election to fill a casual vacancy, the date on which nomination papers are issued.

(11) Where a diocese is divided into two or more areas under Rule 51, a person who is qualified for election for that diocese—

(a) may be a candidate for any one of those areas, regardless of whether the parish or cathedral church whose roll includes the person's name is in that area, but

(b) may not be a candidate for more than one of those areas at the same time.

Electoral areas E

51 (1) Each diocese is an electoral area for the purposes of elections to the House of Laity, unless the diocese is divided into areas under this Rule.

(2) A diocesan synod may, for the purposes of an election to the House of Laity, divide the diocese into two or more areas and apportion between those areas the number of members to be elected for the diocese; and the number of members apportioned to each area must be at least three.

(3) But if elections to the House of Laity are conducted by the single transferable vote system provided for by rules for the time being in force under the General Synod's Standing Orders, the power under paragraph (2) may be exercised only so far as is consistent with those rules.

(4) Where a diocese is divided into areas under this Rule, the election in question is to be conducted in each of those areas as if it were a separate diocese.

(5) A division of a diocese under this Rule remains in force until it is revoked by the diocesan synod.

Timing E

52 (1) The elections to the House of Laity are to be carried out in the period of three months immediately following a dissolution of the General Synod.

(2) The elections are to be carried out in each diocese during such part of that three-month period as the Presidents of the Synod jointly decide.

(3) This Rule has effect subject to any directions given by the General Synod or the Presidents.

Presiding officer E

53 (1) For an election to the House of Laity, the presiding officer in each diocese or, where a diocese has been divided into areas under Rule 51, in each area of the diocese is—

(a) the registrar of the diocese or a person appointed by him or her with the approval of the registrar of the province, or

(b) if the registrar of the diocese is a candidate in the election, a person appointed by the registrar of the province.

(2) The Business Committee must nominate an independent body which it is satisfied would be able to assist each presiding officer with the conduct of an election in the diocese to the House of Laity (including the issue of invitations to nominate and the lodging of nominations), in so far as the election involves a system of electronic voting.

(3) The presiding officer of each diocese must appoint the body nominated under paragraph (2) and may not appoint any other body or any individual for that purpose.

(4) The provincial registrars must jointly make rules imposing duties on the presiding officer in each diocese in connection with elections to the House of Laity held in that diocese.

(5) Rules under paragraph (4) are of no effect unless the Business Committee has approved them.

Entitlement to vote E

54 (1) A person is entitled to vote in an election to the House of Laity held in a diocese if, at the close of nominations, the person is a diocesan elector in that diocese.

(2) In each diocese other than the diocese in Europe, the diocesan electors are the members of the house of laity of each deanery synod in the diocese, apart from any person who is—

(a) co-opted under Rule 18(2), or

(b) a lay member of a religious community which has separate representation in the General Synod under Rule 46(1)(c).

(3) In the diocese in Europe, the diocesan electors are the persons elected by the annual meeting of each chaplaincy, with the number to be elected being determined by the bishop's council and standing committee of the diocese; and a person is qualified for election as a diocesan elector if he or she is a lay person—

(a) who is an actual communicant,

(b) who is aged 18 or over, and

(c) whose name is entered on the electoral roll of a chaplaincy in the diocese.

(4) The deadline for qualifying as a diocesan elector in an election to the House of Laity is 6.00 a.m. on—

(a) the date of the dissolution of the Synod, or

(b) in the case of an election to fill a casual vacancy, the date on which invitations to nominate are issued.

(5) The diocesan electoral registration officer must, at least 21 days before invitations to nominate are issued under Rule 55, give the secretary of each deanery synod in the diocese a copy of the names and addresses recorded in the register of lay electors.

(6) The secretary of each deanery synod must, within seven days of receiving the copy names and addresses, provide the diocesan electoral registration officer with—

(a) if the names and addresses are correct, a certificate in writing to that effect, or

(b) if they are not correct, a notification in writing of the corrections required.

(7) In ascertaining for the purposes of paragraph (6) whether the names and addresses are correct, the secretary of each deanery synod must ask each elector who has not provided an email address whether he or she wishes to provide one.

(8) The diocesan electoral registration officer must, no later than seven days before invitations to nominate are issued under Rule 55, give a copy of the names and addresses (with any corrections required having been made) to the presiding officer in the election.

(9) The register of lay electors must be available for inspection at the diocesan office during the period beginning with the issue of invitations to nominate under Rule 55 and ending with the close of nominations.

(10) The register of lay electors must, in the form in which it is made available for inspection, include the name of each elector but no other personal data.

(11) Corrections to the register may be made up until the close of nominations; but after the close of nominations, no names may be added to or removed from the register until the declaration of the result of the election.

Nomination E

55 (1) A candidate for election in a diocese to the House of Laity must be nominated by two persons, each of whom is a diocesan elector in the diocese.

(2) The presiding officer in each diocese must ensure that each diocesan elector in the diocese is issued with an invitation to nominate.

(3) If a person who is qualified for election but is not a diocesan elector requests a nomination paper, the presiding officer must ensure that the person is issued with a nomination paper.

(4) The presiding officer must determine the period within which nominations are to be given to him or her; and the period so determined must be at least 28 days beginning with the day after that on which the invitations to nominate are issued.

(5) The presiding officer must ensure that, when an invitation to nominate is issued to a person, the person is also given written notification of when nominations close.

Election rules E

56 (1) The General Synod must make rules relating to the conduct of an election to the House of Laity (including an election to fill a casual vacancy).

(2) The rules may, in particular, make provision as to—

(a) the system by which, and the manner in which, the election is to be conducted;

(b) the process for issuing invitations to nominate and for the lodging and scrutiny of nominations;

(c) the conditions for the validity of a nomination;

(d) the preparation, circulation and distribution of election addresses and other election papers;

(e) the conditions for the validity of a vote in the election;

(f) the functions which the presiding officer is required or authorised to carry out in connection with the election;

(g) the assistance which the body nominated under Rule 53(2) may provide to a presiding officer;

(h) the entitlement of a presiding officer to a fee for the exercise of a function in connection with the election and the entitlement of the body nominated under Rule 53(2) to a fee for the assistance it provides to a presiding officer;

(i) the liability to pay the expenses of the election.

(3) The rules may, in so far as they provide for an election to the House of Laity to involve a system of electronic voting, modify the application of any provision of these Rules.

(4) The rules may—

(a) make different provision for different cases;

(b) make provision which applies generally or for specified cases or subject to specified exceptions;

(c) make supplementary, transitional or saving provision;

(d) make provision which confers a discretion on a person.

(5) The rules are to be made in accordance with the Standing Orders of the General Synod.

PART 6 E Appeals

Enrolment appeals E

57 (1) A person who is refused enrolment on the roll of a parish or the register of clerical or lay electors may appeal against the refusal.

(2) A person whose name is removed from the roll of a parish or the register of clerical or lay electors may appeal against the removal.

(3) A person whose name is entered on the roll of a parish or the register of clerical or lay electors and who objects to the enrolment of another person on, or to the removal of another person's name from, the roll or register may appeal against the enrolment or removal.

(4) Notice of an appeal under this Rule—

(a) must be in writing, and

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

(5) Notice of an appeal under this Rule relating to the roll of a parish must be given to the lay chair of the deanery synod.

(6) Notice of an appeal under this Rule relating to the register of lay electors must be given to the chair of the house of laity of the diocesan synod.

(7) Notice of an appeal under this Rule relating to the register of clerical electors must be given to the chair of the house of clergy of the diocesan synod.

(8) Notice of an appeal under this Rule must be given no later than 14 days after—

(a) the date of the notification of the refusal, removal or enrolment concerned,

(b) if the appeal arises from a revision of the roll of a parish or the creation of a new roll for a parish, the day on which the revised or new roll is published under Rule 5 or 8, or

(c) if the appeal arises from the creation or revision of a register of clerical or lay electors, the end of the period for which the register is made available for inspection under Rule 39(6).

Election appeals E

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

(a) an election held under these Rules, or

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

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

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

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

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

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

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

(4) The allowance or disallowance of a vote is not a ground of appeal against the result of an election unless the allowance or disallowance would or might be material to the result of the election.

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

(a) a candidate in the election,

(b) an elector in the election, or

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

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

(7) Notice of an appeal under this Rule—

(a) must be in writing, and

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

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

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

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

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

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

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

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

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

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

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

Election appeals: power to make rules for House of Laity of General Synod E

59 (1) The General Synod must make rules providing for—

(a) a right of appeal against the allowance or disallowance of a vote in an election to the House of Laity of the General Synod, and

(b) a right of appeal against the result of an election to or choice of members of that House.

(2) The rules may provide that, on an appeal arising out of an election to the House of Laity, a person who was declared elected but whose election is or may be affected by the appeal is to be regarded for all purposes as a member of that House pending the determination of the appeal.

(3) The rules may—

(a) make different provision for different cases;

(b) make provision which applies generally or for specified cases or subject to specified exceptions;

(c) make supplementary, transitional or saving provision;

(d) make provision which confers a discretion on a person.

(4) The rules may apply a provision of this Part of these Rules with or without modifications.

(5) The rules are to be made in accordance with the Standing Orders of the General Synod.

Referral of appeal to bishop's council and standing committee E

60 (1) The person to whom a notice of an appeal under Rule 57 or 58 is given must, within 14 days of receiving the notice, refer the appeal to the bishop's council and standing committee of the diocese (unless the appellant has in the meantime given written notice to withdraw the appeal).

(2) On receiving a referral under paragraph (1), the bishop's council and standing committee must appoint a panel to decide the appeal.

(3) If a purported notice of appeal under Rule 57 or 58 is given out of time, the person to whom it is given must, within 14 days of receiving the notice, refer the notice to the bishop's council and standing committee of the diocese (unless the person giving the notice has in the meantime given written notice to withdraw it).

(4) On receiving a referral under paragraph (3), the bishop's council and standing committee must appoint a panel to decide whether, even though the purported notice of appeal was given out of time, the panel will nonetheless hear the appeal.

(5) The members of a panel appointed under paragraph (2) or (4) are—

(a) where the case relates to clergy, three or any larger odd number of the clerical members of the bishop's council and standing committee;

(b) where the case relates to laity, three or any larger odd number of its lay members.

(6) Where a panel appointed under paragraph (4) decides to hear the appeal—

(a) the period under Rule 57(8) or 58(10) or (11) for giving notice of appeal in that case is to be treated as having been extended so far as necessary, and

(b) the appeal is to be treated as having been brought under Rule 57 or 58 (as the case may be) and referred to the panel for decision.

(7) Once an appeal is referred under paragraph (1) or a notice is referred under paragraph (3), the appellant may withdraw it only with the consent of the panel.

Determination of appeal E

61 (1) The panel to whom an appeal is referred under Rule 60 must, in deciding the matter at issue, consider all relevant circumstances; and for that purpose, the panel—

(a) may inspect any documents and papers relating to the subject-matter of the appeal, and

(b) is entitled to be provided with such information relating to the appeal as it may require.

(2) The panel must give the parties to the appeal an opportunity to appear before it in person or by a legal or other representative.

(3) On an appeal under Rule 58, the panel must come to one of the following decisions—

(a) that a person whose election is the subject of the appeal was duly elected;

(b) that the matter at issue amounts to a minor infringement which did not affect the outcome of the election and that the appeal should accordingly be dismissed;

(c) that the matter at issue amounts to a procedural irregularity in the conduct of the election but that the appeal should nonetheless in all the circumstances be dismissed;

(d) that the election is void.

(4) A decision under paragraph (3) is final as to the matter at issue.

(5) Where the panel makes the decision under paragraph (3)(d), it—

(a) must direct that a fresh election is to be held, and

(b) may give whatever further directions it thinks necessary.

(6) The panel on an appeal may direct that a party to the appeal must pay the whole or part of the panel's reasonable expenses; and if the panel does so direct, it must specify the amount which that party must pay.

(7) The diocesan board of finance must pay the panel's reasonable expenses, in so far as they are not paid under paragraph (6).

PART 7 E Disqualification etc.

Disqualifications E

62 (1) A person is disqualified from being nominated or elected or from serving as a member of the General Synod if the person holds or takes a paid office or employment the appointment to which is, or may be, made or confirmed by—

(a) the General Synod,

(b) the Convocations,

(c) the Archbishops' Council,

(d) the Church Commissioners,

(e) the Church of England Pensions Board, or

(f) the Corporation of the Church House.

(2) A person is not disqualified under paragraph (1)(d) merely because the person is appointed as a Church Commissioner in receipt of a salary or other emoluments.

(3) A person is disqualified from being nominated, chosen or elected or from serving as a member of a PCC if the person has been disqualified from holding office under section 10(6) of the Incumbents (Vacation of Benefices) Measure 1977 (breakdown of pastoral relationships).

(4) Nothing in this Part of these Rules, so far as relating to membership of a PCC, affects the application of any enactment providing for the disqualification of a person from being a trustee of a charity (and, accordingly, from being a member of a PCC).

(5) For further provision as to disqualification, see Rule 68 (safeguarding).

(6) For provision as to disqualification from being elected as a churchwarden, see section 2 of the Churchwardens Measure 2001.

Vacation of seat on deanery synod E

63 (1) The seat of a clerical member of a deanery synod who is a member under sub-paragraph (a) to (f) or (h) of Rule 15(1) is vacated if the member ceases to be eligible for membership under that sub-paragraph and is not eligible for membership under another sub-paragraph of Rule 15(1).

(2) The seat of a lay member of a deanery synod is vacated in each of the following five cases.

(3) The first case is where the member—

(a) was elected as a parochial representative of the laity, but

(b) ceases to have his or her name on the roll of the parish by which he or she was elected.

(4) The second case is where the member—

(a) became a representative under Rule 23(1) (cathedral church), but

(b) ceases to have his or her name on the community roll of the cathedral church concerned.

(5) The third case is where the member—

(a) became a representative under a scheme under Rule 23(2) (royal peculiar etc.), but

(b) ceases to be declared by the dean concerned to be a habitual worshipper.

(6) The fourth case is where the member—

(a) became a representative under a scheme under Rule 24 (mission initiative), but

(b) ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(7) The fifth case is where the member becomes a clerk in Holy Orders.

(8) A lay member's seat is not vacated under paragraph (3) if—

(a) the member satisfies a condition under paragraph (9), and

(b) before the vacancy arises, the PCC resolves that the member's seat is not to be vacated.

(9) The conditions are as follows—

(a) that the member's name is entered on the roll of a parish in the diocese;

(b) that the member's name is entered on the community roll of the cathedral church of the diocese or, where the diocese has more than one cathedral church, on the community roll of any of them;

(c) that the leader of a mission initiative in the diocese declares the member to be part of the worshipping community involved in the initiative.

(10) A member's seat on a deanery synod is vacated if it is decided on an appeal under Rule 58 that the member's election is void.

(11) For further cases where a member's seat on a deanery synod is vacated, see Rule 68 (safeguarding etc.).

Vacation of seat on diocesan synod E

64 (1) The seat of a clerical member of a diocesan synod who was elected by the house of clergy of a deanery synod in the diocese is vacated if the member ceases to be qualified for election by that house.

(2) But a member's seat is not vacated under paragraph (1) if—

(a) the member continues to work or reside in the diocese, and

(b) before the vacancy arises, the clerical members of the standing committee of the deanery synod resolve that the member's seat is not to be vacated.

(3) The seat of a lay member of a diocesan synod who was elected by the house of laity of a deanery synod in the diocese is vacated in each of the following five cases.

(4) The first case is where the member—

(a) qualified for election under Rule 36(3)(a) (parish roll), but

(b) ceases to have his or her name on the roll of a parish in the deanery.

(5) The second case is where the member—

(a) qualified for election under Rule 36(3)(b) (cathedral church), but

(b) ceases to have his or her name on the community roll of the cathedral church concerned.

(6) The third case is where the member—

(a) qualified for election under Rule 36(3)(c) (royal peculiar etc.), but

(b) ceases to be declared by the dean to be a habitual worshipper.

(7) The fourth case is where the member—

(a) qualified for election under Rule 36(3)(d) (mission initiative), but

(b) ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(8) The fifth case is where the member becomes a clerk in Holy Orders.

(9) A lay member's seat is not vacated under paragraph (4) if—

(a) the member satisfies a condition in Rule 63(9), and

(b) before the vacancy arises, the lay members of the standing committee of the deanery synod resolve that the member's seat is not to be vacated.

(10) If a lay member of a diocesan synod is also an elected member of the House of Laity of the General Synod, the member's seat on the diocesan synod is not vacated under this Rule if the bishop's council and standing committee make the decision referred to in Rule 65(7) (member willing and able to serve) in that member's case.

(11) A member's seat on a diocesan synod is vacated if it is decided on an appeal under Rule 58 that the member's election is void.

(12) For further cases where a member's seat on a diocesan synod is vacated, see Rule 68 (safeguarding etc.).

Vacation of seat in House of Laity of General Synod E

65 (1) The seat of an elected member of the House of Laity of the General Synod is vacated in each of the following five cases.

(2) The first case is where the member—

(a) qualified for election under Rule 50(5)(a) (parish roll), but

(b) ceases to have his or her name on the roll of a parish in the diocese concerned.

(3) The second case is where the member—

(a) qualified for election under Rule 50(5)(b) (cathedral church), but

(b) ceases to have his or her name on the community roll of the cathedral church of the diocese or, where the diocese has more than one cathedral church, on the community roll of any of them.

(4) The third case is where the member—

(a) qualified for election under Rule 50(6) (royal peculiar etc.), but

(b) ceases to be declared by the dean concerned to be a habitual worshipper.

(5) The fourth case is where the member—

(a) qualified for election under Rule 50(7) (mission initiative), but

(b) ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(6) The fifth case is where the member becomes a clerk in Holy Orders.

(7) But a member's seat is not vacated under paragraphs (2) to (5) if, before the vacancy arises, the lay members of the bishop's council and standing committee decide that the member is willing and able to discharge to their satisfaction the duties of a member of the House of Laity of the General Synod elected for that diocese.

(8) Where a decision under paragraph (7) is made, the lay members of the bishop's council and standing committee must, no later than one year after making the decision and annually after that—

(a) review the member's membership of the House of Laity of the General Synod, and

(b) decide whether he or she is still willing and able as mentioned in paragraph (7).

(9) The seat of an elected member of the House of Laity of the General Synod is vacated if the member is disqualified under Rule 62(1).

(10) The seat of an elected member of the House of Laity of the General Synod is vacated if it is decided on an appeal under rules under Rule 59 that the member's election is void.

(11) For further cases where a member's seat in the House of Laity of the General Synod is vacated, see Rule 68 (safeguarding etc.).

Ex officio membership E

66 (1) A person is not disqualified from being elected or chosen as a member of a body under these Rules merely because the person is also a member of that body ex officio.

(2) A person elected or chosen as a member of a body under these Rules does not vacate his or her seat merely because the person has become a member of that body ex officio.

Resignation E

67 (1) A person holding office under these Rules or who is a member of a body constituted by or under these Rules may resign the office or membership by giving notice in writing to the secretary of the body of which the person is an officer or member.

(2) A resignation under this Rule takes effect—

(a) on the date specified in the notice, or

(b) if no date is specified in the notice, on the date on which the secretary receives the notice.

Safeguarding cases: disqualification and vacation of seat E

68 (1) If a person is included in a barred list, the person is disqualified—

(a) from being nominated, chosen or elected as, or from serving as, a member of a PCC, a deanery synod, a diocesan synod or the General Synod;

(b) from being appointed to act as, or from acting as, secretary or treasurer of a PCC.

(2) If a person is convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933, the person is disqualified—

(a) from being nominated, chosen or elected as, or from serving as, a member of a PCC, a deanery synod, a diocesan synod or the General Synod;

(b) from being appointed to act as, or from acting as, secretary or treasurer of a PCC.

(3) If a person disqualified under paragraph (1) or (2) is a member of a PCC, a deanery synod, a diocesan synod or the House of Laity of the General Synod, the member's seat is vacated.

(4) A person's disqualification under paragraph (2) may be waived by the bishop of the diocese in question giving the person notice in writing; and the notice must specify the bishop's reasons for giving the waiver.

(5) Where a person whose seat has been vacated under paragraph (3) has his or her disqualification waived under paragraph (4), the person may resume his or her seat if it has remained vacant.

(6) A waiver under paragraph (4)—

(a) is of unlimited duration, and

(b) has effect in every diocese.

(7) Before deciding whether to give a waiver under paragraph (4), the bishop must consult—

(a) the diocesan safeguarding advisor, and

(b) such other persons as the bishop considers appropriate.

(8) On giving a notice under paragraph (4), the bishop must give a copy of the notice to the registrar of the diocese; and the registrar must file the copy in the diocesan registry.

Safeguarding cases: suspension E

69 (1) This Rule applies where a member of a PCC or the secretary or treasurer of a PCC or a member of a deanery synod, a diocesan synod or the General Synod—

(a) is arrested on suspicion of committing an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933, or

(b) is charged with an offence mentioned in that Schedule without being arrested.

(2) This Rule also applies where the bishop of a diocese is satisfied, on the basis of information provided by a local authority or the police, that a person of a description given in paragraph (1) presents a significant risk of harm.

(3) The bishop may suspend the person from the position in question by giving the person notice in writing; and the notice must specify the bishop's reasons for imposing the suspension.

(4) The bishop may at any time revoke the suspension by giving the person notice in writing.

(5) For the purposes of paragraph (2), a person presents a significant risk of harm if there is a significant risk that the person may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another person to harm a child or vulnerable adult.

(6) Before deciding whether to suspend a person under paragraph (3), or to revoke a suspension made under that paragraph, the bishop must consult—

(a) the diocesan safeguarding advisor, and

(b) such other persons as the bishop considers appropriate.

(7) A suspension in a case within paragraph (1) continues (unless revoked under paragraph (4)) until the earlier of—

(a) the expiry of three months beginning with the day on which the notice is given, and

(b) the conclusion of the matter.

(8) Where a person is suspended in a case within paragraph (1) and the matter is not concluded before the expiry of the three-month period referred to in paragraph (7)(a), a further notice of suspension may be given under paragraph (3); and paragraph (7) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(9) A suspension in a case within paragraph (2) continues (unless revoked under paragraph (4)) until the expiry of three months beginning with the day on which the notice is given.

(10) Where a person is suspended in a case within paragraph (2), a further notice of suspension may be given under paragraph (3); and paragraph (9) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(11) Having given a notice of suspension or revocation under this Rule, the bishop must give each of the following written notification—

(a) the clergy who hold office in the parish,

(b) the churchwardens of the parish,

(c) the registrar of the diocese,

(d) the diocesan safeguarding advisor, and

(e) such other persons as the bishop considers appropriate.

(12) The registrar must file a notification given under paragraph (11)(c) in the diocesan registry.

(13) For the purposes of this Rule, a matter is concluded when—

(a) a decision is taken not to charge the person with the offence in question, or

(b) where the person is charged with the offence, the proceedings for the offence are concluded.

Safeguarding cases: appeal against suspension E

70 (1) A person who is given a notice of suspension under Rule 69(3) may appeal against the suspension in accordance with rules for the time being in force under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

(2) An appeal under this Rule must be made to the president of tribunals (as to whom, see section 4 of the Clergy Discipline Measure 2003).

(3) On an appeal under this Rule, the president of tribunals may, within 28 days following the lodging of the appeal, either confirm or revoke the suspension.

Safeguarding cases: interpretation E

71 (1) In this Part of these Rules—

• “barred list” has the same meaning as in the Safeguarding Vulnerable Groups Act 2006;

• “child” means a person aged under 18;

• “diocesan safeguarding advisor” means the person appointed as such under Canon C 30 for the diocese in question;

• “vulnerable adult” has the same meaning as in the Safeguarding and Clergy Discipline Measure 2016.

(2) A reference in this Part of these Rules to an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 is a reference to an offence which is—

(a) mentioned in that Schedule as amended, extended or applied from time to time, or

(b) treated by an enactment (whenever passed or made) as if it were mentioned in that Schedule.

PART 8 E Miscellaneous

Personal data handling E

72 A person who holds personal data about one or more other persons for the purposes of these Rules—

(a) must ensure that the personal data is held securely, and

(b) for that purpose, must have regard to such guidance as the Archbishops' Council may from time to time issue.

Casual vacancies E

73 (1) An election to fill a casual vacancy under these Rules is to be conducted in the same manner as an ordinary election (unless the election takes place at a meeting held in accordance with Rule 45).

(2) The provisions of these Rules relating to casual vacancies—

(a) apply to the election of a member of a body constituted by or under these Rules;

(b) apply in relation to the choice of a person, with a reference to an election to fill a casual vacancy accordingly being read instead as a reference to a choice to fill one.

(3) A person elected or chosen to fill a casual vacancy holds office only for the unexpired portion of the term of office to be served in the case of that vacancy.

Irregularities E

74 (1) Where irregularities are found during an election such that the presiding officer forms the opinion that the proceedings on the election should be declared null and void, the officer—

(a) must declare that the proceedings are null and void,

(b) must give notice to all electors of that declaration, and

(c) must cause a fresh election to be held.

(2) Where a notice is given under paragraph (1)(b), the election under paragraph (1)(c) must be completed within three months of the date of the notice.

(3) Where, in the case of an election to a diocesan synod, it is decided on an appeal that the election was not valid and the presiding officer is directed to hold a fresh election, the election must be completed within three months of the direction being given.

(4) Rule 45(3) (which provides for a casual vacancy in a diocesan synod to be filled within six months) accordingly does not apply if paragraph (3) of this Rule applies.

Constraints in elections E

75 (1) Where there is a requirement in an election conducted under these Rules or under rules made under Rule 42 or 56 for a given number, or at least a given number, of the places available to be filled by candidates of a defined category, the presiding officer must examine the valid nominations to ascertain the number of candidates of that category.

(2) If the number of candidates of that category who are nominated is less than or equal to the required given number—

(a) those candidates are declared elected and their names are not included on the voting paper, and

(b) the requirement for a given number is disregarded and the election proceeds with the number of seats to be filled being reduced by the number of persons declared elected.

(3) The presiding officer must circulate with the voting papers a separate notice giving the name of each person who has been declared elected under paragraph (2).

(4) In the application of this Rule to an election which involves a system of electronic voting, a reference to something included on or circulated with a voting paper is to be read as including a reference to it being provided as part of the procedure provided for by the system being used in the election for electronic voting.

Communicating by email or post E

76 (1) If a person has provided an email address—

(a) any communication required or authorised to be given to that person by or under these Rules may be sent to that email address, and

(b) any disclosure of the person's name and address required or authorised by or under these Rules must include that email address.

(2) A communication sent by email is to be treated as being in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(3) Where a communication is sent to a person by email at the most recent address provided by that person, it is to be treated as having been given to the person at the time at which it is sent.

(4) Where a communication is sent to a person by post and addressed to that person at his or her last known address, it is to be treated as having been given to the person by the time at which it would be delivered in the ordinary course of post.

Implied power to vary or revoke E

77 (1) A power conferred by these Rules to make, approve or pass a rule, order, resolution, determination, decision, appointment or scheme includes a power to vary or revoke it.

(2) A power conferred by these Rules to give a consent includes a power to vary or revoke the consent.

(3) A power conferred by these Rules to specify something includes a power to vary or revoke the specification.

(4) A power to vary or revoke is exercisable in the same manner and subject to the same conditions as the power to which it relates.

(5) This Rule does not apply to the power to give a waiver under Rule 68(4) (safeguarding: disqualification).

Power of bishop to make supplementary provision etc. E

78 (1) In carrying out the provisions of these Rules in a diocese, the bishop of the diocese may exercise the following powers.

(2) The bishop may make provision for any matter not provided for in these Rules.

(3) The bishop may appoint a person to do something in respect of which there has been neglect or default by the person required by these Rules to do it.

(4) Where a PCC has no members or not enough members to be able to form the quorum for a meeting (see Rule M27), the bishop may appoint a person to do something which the PCC or an officer of the PCC is required to do by or under these Rules.

(5) The bishop may, so far as necessary for giving effect to the intention of a provision of these Rules—

(a) extend or alter the time for holding a meeting;

(b) modify the procedure for a meeting;

(c) extend or alter the time for holding an election;

(d) modify the procedure for an election.

(6) Paragraph (5)(c) and (d) does not apply to—

(a) an election to fill a casual vacancy,

(b) an election to the House of Laity of the General Synod, or

(c) an election to be held under Rule 74(1)(c) (fresh election following finding of irregularities).

(7) Where difficulties arise, the bishop may (subject to paragraphs (5) and (6)) give whatever directions he or she considers appropriate for removing those difficulties.

(8) This Rule does not authorise a bishop—

(a) to validate anything that was invalid when it was done, or

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

(9) In its application to the diocese in Europe, this Rule has effect as if the references to provisions of these Rules were references to such of those provisions as apply to that diocese.

Delegation by archbishop or bishop E

79 (1) An archbishop or any other bishop of a diocese may appoint a commissary and delegate to that commissary some or all of the functions of the archbishop or other bishop under these Rules.

(2) But a bishop's functions as president of the diocesan synod may be delegated only to a person in episcopal orders.

(3) During a vacancy in an archbishopric, or where because of illness an archbishop is unable to exercise his or her functions as such under these Rules (including the power under paragraph (1)), the functions are exercisable by the other archbishop.

(4) During a vacancy in a diocesan bishopric, the functions of the bishop under these Rules (including those as president of the diocesan synod but not including the power under paragraph (1)) are exercisable by such person in episcopal orders as the archbishop of the province may appoint.

(5) Where because of illness, the bishop of a diocese is unable to exercise his or her functions as such under these Rules (including the power under paragraph (1)), the archbishop of the province may, if he or she thinks it necessary or appropriate, appoint a person in episcopal orders to exercise the functions.

(6) If a person appointed under paragraph (1), (4) or (5) is a member of the house of clergy of a diocesan synod, that membership is suspended for the duration of the appointment.

(7) If a person appointed under paragraph (4) or (5) becomes unable to act under the appointment because of illness, the archbishop may revoke the appointment and make a fresh one.

(8) In its application to the diocese in Europe, this Rule has effect as if the references to these Rules were a reference to such of the provisions of these Rules as apply to that diocese.

(9) The powers of an archbishop under this Rule in relation to the diocese in Europe are, subject to paragraph (3), exercisable by the Archbishop of Canterbury.

Validity of proceedings, etc. E

80 (1) The proceedings of a body constituted under these Rules are not invalidated by a vacancy in the membership of the body or a defect in the qualification, election, choice or appointment of any of its members.

(2) Proceedings are not invalidated by the use of a form which differs from that specified by these Rules if the form used is to a substantially similar effect; and any question on that point is to be decided by the chancellor of the diocese.

(3) Where there is an omission in a parish to prepare or maintain the roll or to hold the annual parochial church meeting, the rural dean must, on having the omission brought to his or her attention, ascertain the cause of the omission and report to the bishop of the diocese accordingly.

(4) In its application to the diocese in Europe, this Rule has effect as if the references to these Rules were a reference to such of the provisions of these Rules as apply to that diocese.

Power of Business Committee to specify matters E

81 (1) A power conferred by these Rules on the Business Committee to specify something is exercisable by way of instrument.

(2) An instrument under this Rule—

(a) must be laid before the General Synod, and

(b) does not come into force unless it has been approved by the Synod, with or without amendment.

(3) If the Business Committee decides that an instrument under this Rule does not need to be debated by the Synod, it is to be treated as approved without amendment for the purposes of paragraph (2) unless a member of the Synod gives notice under its Standing Orders that the member—

(a) wishes the matter to be debated, or

(b) wishes to move an amendment to it.

Interpretation: references to parishes and other areas E

82 (1) In these Rules, “parish” means—

(a) an ecclesiastical parish or a district constituted a “conventional district” for the cure of souls;

(b) in relation to the diocese in Europe, a chaplaincy constituted as part of the diocese.

(2) A reference in these Rules to residence in a parish or deanery includes a reference to residence in any extra-parochial place which abuts the parish or deanery; and any question on that point is to be decided by the bishop's council and standing committee.

(3) A reference in these Rules to residence does not include a reference to residence of a casual nature.

(4) A reference in these Rules to the area of a benefice is, where—

(a) two or more benefices are held in plurality,

(b) there is, or is to be, a team ministry for the area of one of those benefices, and

(c) 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,

a reference to the combined area of the benefices concerned.

Interpretation: references to Church offices, structures etc. E

83 (1) In these Rules, “minister”, in relation to a parish, means—

(a) the incumbent or priest in charge of the benefice to which the parish belongs or, in the case of a conventional district, the curate in charge, or

(b) a vicar in a team ministry to the extent that the duties of a minister are assigned to the vicar by a pastoral scheme or order or by the vicar's licence from the bishop.

(2) In these Rules, “actual communicant” means a person—

(a) who has received Communion according to the use of the Church of England or a Church in communion with it at least three times during the 12 months preceding the date of the person becoming a member of a body the eligibility for membership of which depends on a person being an actual communicant, and

(b) who either is confirmed or ready and desirous of being confirmed or is receiving Communion as referred to in paragraph 1(b) of Canon B 15A (communicant members of other Churches subscribing to doctrine of Holy Trinity).

(3) A question as to whether a Church is in communion with the Church of England is to be decided for the purposes of these Rules by the Archbishop of Canterbury and the Archbishop of York acting jointly.

(4) Where a question as to whether a Church is in communion with the Church of England has been determined under section 6(2) of the Overseas and Other Clergy (Ministry and Ordination) Measure 1967, that determination has effect for the purposes of these Rules (as well as for the purposes of that Measure).

(5) In these Rules, “public worship” means public worship according to the rites and ceremonies of the Church of England; and a reference in these Rules to a building licensed for public worship includes a reference to a building only part of which is so licensed.

(6) In these Rules, “community roll”, in relation to a cathedral church, means the roll kept in the case of that cathedral church for the purposes of section 9 of the Cathedrals Measure 1999.

(7) A reference in these Rules to a person's name being on the roll of a parish is, in the case of a person whose name is on the roll of a guild church, a reference to the person's name being on the roll of the parish in which the guild church is situated.

(8) In these Rules, “guild church” means a church in the City of London designated and established as such under the City of London (Guild Churches) Acts 1952 and 1960.

(9) A reference in these Rules to the occurrence of a casual vacancy includes a reference to a case where there are not enough candidates nominated to fill the places available.

(10) A person who has executed a deed of relinquishment under the Clerical Disabilities Act 1870 is, for the purposes of these Rules, not to be treated as a clerk in Holy Orders (and is accordingly to be treated as a lay person) if—

(a) the deed has been enrolled in the High Court and recorded in the registry of a diocese under that Act, and

(b) no vacation of the enrolment of the deed is recorded in a diocesan registry under the Clerical Disabilities Act 1870 (Amendment) Measure 1934.

Interpretation: minor definitions E

84 (1) In these Rules—

• “Business Committee” means the Business Committee of the General Synod;

• “the Constitution” means the Constitution of the General Synod as set out in Schedule 2 to this Measure;

• “lay chair”, in relation to a deanery synod, has the meaning given in Rule 26(7);

• “mission initiative” has the meaning given in Part 7 of the Mission and Pastoral Measure 2011 (and, where a mission initiative has more than one leader, a reference to the leader is to be read as a reference to any of them);

• “PCC” means parochial church council;

• “personal data” has the same meaning as in the Data Protection Act 2018;

• “register of clerical electors” and “register of lay electors” each have the meaning given in Rule 27;

• “the roll” has the meaning given in Rule 1(1).

(2) A reference in these Rules to something being in writing is to be read with Rule 76(2) (which makes provision about emails).

(3) A reference in these Rules to a numbered Form is a reference to the Form numbered as such in Part 10.

PART 9 E Parish governance: Model Rules

Section A: Annual parochial church meeting E

The annual meeting E

Timing and attendance E

M1 (1) In every parish, the annual parochial church meeting (referred to in this Part of these Rules as “the annual meeting”) must be held in the period which begins with 1 January and ends with 31 May.

(2) The following persons are entitled to attend the annual meeting and take part in its proceedings—

(a) every lay person whose name is on the roll of the parish,

(b) every clerk in Holy Orders to whom paragraph (3) applies,

(c) where the parish is in the area of a benefice for which there is a team ministry, every member of the team,

(d) where the parish is in the area of a group ministry, every incumbent and priest in charge in the group ministry, and

(e) where the parish is in the area of a group ministry which includes the area of a benefice for which there is a team ministry, every vicar in the team ministry.

(3) This paragraph applies to a clerk in Holy Orders if he or she—

(a) is beneficed in or licensed to the parish or to another parish in the area of the benefice to which the parish belongs,

(b) is resident in the parish and is not beneficed in or licensed to any other parish,

(c) does not come within sub-paragraph (a) or (b) but is declared by the PCC with the agreement of the minister to be a habitual worshipper in the parish, or

(d) is a co-opted member of the PCC under Rule M15(1)(k).

(4) A declaration under paragraph (3)(c) has effect until the earlier of—

(a) the conclusion of the annual meeting in the year in which a new roll is prepared under Rule 7, and

(b) the clerk in question ceasing to be a habitual worshipper in the parish.

Convening meeting E

M2 (1) The minister must convene the annual meeting by displaying a notice in Form M1—

(a) in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b) in the case of each building in the parish licensed for public worship, in a location readily visible to members of the congregation.

(2) The period for which a notice under paragraph (1) is on display must include the last two Sundays before the day of the meeting.

(3) The annual meeting must be held at a place in the parish unless the PCC decides otherwise.

(4) In a case where the minister is absent or incapacitated by illness or for some other reason or where there is nobody who is the minister within the meaning of these Rules (see Rule 83(1)), the minister's function under this Rule is to be carried out by—

(a) the vice-chair of the PCC, or

(b) if there is not a vice-chair or the vice-chair is unable or unwilling to act, the secretary of the PCC or some other person appointed by the PCC.

New parish: special meeting E

M3 (1) Where the parish is a new parish created by a pastoral scheme, the minister of the new parish or, in the absence of a minister, a person appointed by the bishop of the diocese must, as soon as possible after the scheme comes into operation, convene a special parochial church meeting (referred to as “the special meeting”).

(2) The special meeting is to be treated for the purposes of these Rules as the annual meeting for the year in which it is held.

(3) Subject to that, the provisions of these Rules relating to the convening or conduct of the annual meeting apply to the special meeting.

Proceedings and elections E

Chair E

M4 (1) The chair of the annual meeting is—

(a) the minister, or

(b) if the minister is absent or decides to vacate the chair or if there is nobody who is the minister within the meaning of these Rules (see Rule 83(1)), the vice-chair of the PCC, or

(c) if the vice-chair of the PCC is absent or decides not to take the chair—

(i) a person chosen by the annual meeting, or

(ii) if the parish belongs to a benefice for which there is a team ministry and paragraph (2) applies, the rector in the team ministry.

(2) This paragraph applies if—

(a) a vicar in the team ministry has the function of chairing the annual meeting (or a share in discharging that function) by virtue of a pastoral scheme or bishop's licence, and

(b) the vicar is absent but the rector in the team ministry is present.

(3) If there is an equality of votes, the chair of the meeting has a second, casting vote, except in the case of an election taking place at the annual meeting (as to which, see Rule M9(8)).

Business: reports etc. E

M5 (1) The PCC must provide the annual meeting with each of the following, which the annual meeting may then discuss—

(a) a report on the changes to the roll since the last annual meeting or, in a year in which a new roll is prepared, a report on the numbers entered on the new roll,

(b) an annual report on the proceedings of the PCC and the activities of the parish generally,

(c) the financial statements of the PCC for the year ending on the 31 December preceding the meeting,

(d) the annual fabric report under section 50 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, and

(e) a report of the proceedings of the deanery synod.

(2) The PCC must ensure that a copy of the roll is available for inspection at the meeting.

(3) The annual report to be provided under paragraph (1)(b) must include a statement as to whether the PCC has complied with the duty under section 5 of the Safeguarding and Clergy Discipline Measure 2016 (duty to have regard to House of Bishops' guidance on safeguarding children and vulnerable adults).

(4) The annual report to be provided under paragraph (1)(b) must be prepared in the form specified by the Business Committee.

(5) The financial statements to be provided under paragraph (1)(c)—

(a) must be prepared in the form specified by the Business Committee, and

(b) must be independently examined or audited in the manner specified by the Business Committee.

(6) If the PCC approves the financial statements that have been examined or audited under paragraph (5)(b), the chair of the meeting at which they are approved must sign them.

(7) Once the financial statements have been signed under paragraph (6), the PCC must, for at least seven days before the annual meeting—

(a) publish the signed statements in such form (whether electronic or otherwise) as it decides, and

(b) make a copy of the signed statements available for inspection, on a reasonable request being made.

(8) The PCC must, before the end of 28 days beginning with the date of the annual meeting, ensure that a copy of the annual report and financial statements provided under paragraph (1)(b) and (c) are given to the secretary of the diocesan board of finance for it to retain.

Business: elections and appointments E

M6 (1) The annual meeting must, in the manner provided by Rule M9, do the following things in the following order—

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

(b) elect parochial representatives of the laity to the PCC.

(2) The annual meeting, having conducted the elections under paragraph (1), must appoint a person who is not a member of the PCC to be the independent examiner or auditor of the PCC for a term of office ending at the conclusion of the next annual meeting.

(3) It is for the PCC to pay the remuneration of a person appointed under paragraph (2).

(4) A person may be appointed as the independent examiner of the PCC only if the person comes within the description given in section 145(1)(a) of the Charities Act 2011 (independent person with requisite ability and experience etc.).

(5) A person may be appointed as the auditor of the PCC only if the person is eligible as the auditor of a charity under section 144(2) of that Act (eligibility as statutory auditor).

(6) The annual meeting may not appoint sidesmen; the duty to do so is imposed on the PCC by section 2(2)(f) of the Parochial Church Councils (Powers) Measure 1956.

(7) In the case of a new parish (see Rule M3), a special meeting must (in addition to its other business) decide on the number of members of the PCC who are to be elected representatives of the laity until the annual meeting held in the following year; and that number need not accord with the number provided for under Rule M15(8).

Business: miscellaneous E

M7 (1) Any person who is entitled to attend the annual meeting may ask a question about parochial church matters or bring about a discussion of any matter of parochial or general church interest—

(a) by moving a general resolution, or

(b) by moving to make a particular recommendation to the council in relation to its duties.

(2) The annual meeting—

(a) may adjourn;

(b) may determine its own rules of procedure.

(3) The secretary of the PCC, or such other person as the meeting may appoint instead, acts as the clerk of the annual meeting and must record the minutes.

Qualifications of persons to be elected E

M8 (1) A person is qualified for election as a parochial representative of the laity to the deanery synod or PCC under Rule M6(1)(a) or (b) if—

(a) the person is aged 16 or over,

(b) he or she is an actual communicant, and

(c) his or her name is on the roll of the parish and, unless he or she is aged under 18 at the date of the election, has been on the roll for at least the preceding six months.

(2) But if the person has his or her name on the roll of more than one parish, he or she must choose one of the parishes concerned for the purpose of qualifying for election as a parochial representative of the laity to the deanery synod.

(3) A person may not be nominated for election under Rule M6(1)(a) or (b) unless—

(a) the person has indicated his or her consent to serve, or

(b) there is, in the opinion of the meeting, sufficient evidence of his or her willingness to serve.

(4) A person may not be nominated for election under Rule M6(1)(a) if the person is disqualified under Part 7.

(5) A person who serves as a parochial representative of the laity on the deanery synod for the whole or any part of each of two successive terms of office may not be nominated for election under Rule M6(1)(a) to serve as such for the whole or any part of the term of office immediately following the second of those terms.

(6) Paragraph (5) does not apply to a term of office—

(a) which began before the commencement of Schedule 1 to the Church Representation and Ministers Measure 2019 (which substituted the whole of the Church Representation Rules), or

(b) which the person concerned is serving as a result of having been elected to fill a casual vacancy.

(7) The annual meeting may by resolution decide that paragraph (5) does not apply to the parish; and a resolution to that effect may be revoked by a subsequent annual meeting or special parochial church meeting.

(8) A person may not be nominated for election under Rule M6(1)(b) if—

(a) the person is disqualified under Part 7, or

(b) the person is disqualified from being the trustee of a charity (and the disqualification is not subject to a waiver which permits membership of a PCC).

Conduct of an election E

M9 (1) This Rule applies in the case of every election which is to take place at the annual meeting, subject to any variations made by a resolution under Rule M10 or M11.

(2) A candidate must be nominated, either before the meeting in writing or at the meeting, by two persons each of whom—

(a) must be entitled to attend the meeting, and

(b) must have his or her name on the roll of a parish.

(3) If the number of candidates does not exceed the number of seats to be filled, each candidate is declared elected.

(4) If the number of candidates exceeds the number of seats to be filled, an election must take place in accordance with the following provisions.

(5) Every lay person whose name is on the roll of the parish is entitled to vote in the election.

(6) Each person entitled to vote has as many votes as there are seats to be filled, but may not give more than one vote to the same candidate.

(7) Votes may be given by a show of hands; but if one or more persons object to that, each vote is to be given on a voting paper signed on the back by the voter.

(8) If there is an equality of votes, the election is decided by the drawing of a lot by the presiding officer.

(9) On a recount of an election or a stage of an election, either on an appeal or at the request of the presiding officer or a candidate, if the original count and the recount are identical at the point when a lot must be drawn, the original lot must be used to decide.

(10) The presiding officer for an election at the annual meeting is the chair of the meeting, unless a presiding officer is appointed under Rule M11(3).

Adoption of STV system E

M10 (1) The annual meeting may resolve that the election of parochial representatives of the laity (whether to the deanery synod or to the PCC or to both) is to be conducted by the single transferable vote system.

(2) A resolution under this Rule is valid only if it is approved by at least two-thirds of those present and voting at the meeting; and it does not take effect until the next annual meeting.

(3) Where a resolution under this Rule is passed, the election is to be held in accordance with the rules for the time being in force under the General Synod's Standing Orders; and those rules have effect for that purpose with whatever modifications are necessary.

Postal voting E

M11 (1) The annual meeting may resolve that a person entitled to attend the meeting and vote in the election of parochial representatives of the laity may apply on Form M2 for a postal vote.

(2) A resolution under this Rule is valid only if it is approved by at least two-thirds of those present and voting at the meeting; and it does not take effect until the next annual meeting.

(3) Where applications for a postal vote have been received by the date specified in the notice convening the next annual meeting and the number of candidates nominated exceeds the number of seats to be filled, that annual meeting must appoint a presiding officer; and the person appointed may not be a candidate in the election.

(4) At that annual meeting, a voting paper must be given to each person present who is entitled to vote; and completed voting papers must be returned into the custody of the presiding officer before the close of the meeting.

(5) The presiding officer must ensure that each person who has applied for a postal vote on Form M2 is given a voting paper within seven days of the close of the meeting.

(6) A vote is counted only if it is given on a voting paper—

(a) which is marked in the manner indicated on the paper,

(b) the back of which is signed by the elector, and

(c) which is returned to the presiding officer within 14 days of the close of the meeting.

Result of an election E

M12 (1) The result of an election held at the annual meeting, or which involved postal voting in accordance with a resolution under Rule M11, must be announced as soon as practicable by the presiding officer.

(2) A notice of the result must be displayed—

(a) in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b) in the case of each building in the parish licensed for public worship, in a location readily visible to members of the congregation.

(3) A notice under paragraph (2) must remain on display for at least 14 days.

(4) The notice must specify the date on which the result was declared.

(5) After the end of the period for which the notice was on display under paragraph (3), the secretary of the PCC must keep a list of every member's name and address.

(6) The list under paragraph (5) must be made available for inspection, on reasonable notice being given to the secretary by a person who is resident in the parish or has his or her name on the roll; but the secretary need not provide a copy of the list.

(7) Where a member has provided the secretary with an email address, the address recorded for that member on the list must include that email address.

(8) The list in the form in which it is made available under paragraph (6) must include every name recorded on it but no other personal data.

(9) The secretary of the PCC must give the name and address of every person elected to the deanery synod as a parochial representative of the laity to—

(a) the diocesan electoral registration officer, and

(b) the secretary of the deanery synod.

Special and extraordinary meetings E

Special meeting E

M13 (1) The minister may convene a special parochial church meeting in addition to the annual meeting; and the minister must do so if at least one-third of the lay members of the PCC make a written representation to him or her for there to be such a meeting.

(2) The provisions of these Rules relating to the convening or conduct of the annual meeting apply, with whatever modifications are necessary, to a special parochial church meeting.

(3) The following persons are entitled to attend a special parochial church meeting—

(a) every lay person whose name is on the roll of the parish on the day which is 21 clear days before the day on which the meeting is to be held, and

(b) every clerk in Holy Orders who would be entitled to attend the annual meeting if it were to be held on the day on which the special meeting is to be held.

(4) In a case where the minister is absent or incapacitated by illness or for some other reason or where there is nobody who is the minister within the meaning of these Rules (see Rule 83(1)), the minister's function under this Rule is to be carried out by—

(a) the vice-chair of the PCC, or

(b) if there is not a vice-chair or the vice-chair is unable or unwilling to act, the secretary of the PCC or some other person appointed by the PCC.

Extraordinary meeting E

M14 (1) The archdeacon whose archdeaconry includes the parish must, subject to paragraphs (2) and (3), convene an extraordinary parochial church meeting if—

(a) at least one-third of the lay members of the PCC or one-tenth of the persons whose names are on the roll of the parish make a written representation to the archdeacon to that effect, and

(b) the archdeacon considers that the representation is made with sufficient cause.

(2) Where the archdeacon is the minister, the bishop of the diocese or a person appointed by the bishop must, subject to paragraph (3), convene an extraordinary parochial church meeting if—

(a) at least one-third of the lay members of the PCC or one-tenth of the persons whose names are on the roll of the parish make a representation to the bishop for there to be such a meeting, and

(b) the bishop or a person appointed by the bishop considers that the representation is made with sufficient cause.

(3) The duty under paragraph (1) or (2) does not arise if, in response to the representation, an extraordinary meeting of the PCC is convened under Rule M33.

(4) At a meeting convened under this Rule, the person who convened the meeting must either take the chair or appoint someone else to do so.

(5) If the chair of the meeting would not otherwise be entitled to attend, he or she may not vote on any resolution before the meeting.

(6) The following persons are entitled to attend an extraordinary parochial church meeting—

(a) every lay person whose name is on the roll of the parish on the day which is 21 clear days before the day on which the meeting is to be held, and

(b) every clerk in Holy Orders who would be entitled to attend the annual meeting if it were to be held on the day on which the extraordinary meeting is to be held.

Section B: Parochial church council E

Membership E

Members E

M15 (1) The members of the PCC are—

(a) every clerk in Holy Orders who is beneficed in or licensed to the parish,

(b) any clerk in Holy Orders who is authorised to chair meetings of the PCC under Rule M26,

(c) any deaconess or lay worker licensed to the parish,

(d) if the parish is in the area of a benefice for which there is a team ministry, every member of the team,

(e) the churchwardens of the parish,

(f) any person chosen as a churchwarden of the parish but not yet admitted to office as such,

(g) any deputy churchwarden who is an ex officio member under a scheme under Rule M34 or M35,

(h) if the annual meeting decides that one or more of the readers licensed to the parish or to an area including the parish whose names are on the roll of the parish should be members, the reader or readers in question,

(i) every person whose name is on the roll of the parish and who is a lay member of a deanery synod, a diocesan synod or the General Synod,

(j) the elected representatives of the laity, with the number being determined under paragraphs (8) and (9), and

(k) any clerk in Holy Orders, or any actual communicant aged 16 or over, whom the PCC decides to co-opt as a member, with the number being determined under paragraph (10).

(2) A clerk in Holy Orders (other than the minister) is not eligible for membership under paragraph (1)(a) or (d) if, were he or she to become a member, the number of clerical members would equal or exceed the number of lay members.

(3) Where there are two or more clerks in Holy Orders who (but for this paragraph) would become eligible under paragraph (1)(a) or (d) on the same day, paragraph (2) applies to each of those clerks taken together; and, accordingly, in a case within paragraph (2), none of them are eligible for membership under paragraph (1)(a) or (d) (as the case may be).

(4) A person is eligible for membership under paragraph (1)(e), (f) or (g) only if the person is an actual communicant whose name is on the roll of the parish.

(5) For the purposes of paragraph (1)(i), a lay member of a deanery synod who is a parochial representative elected by the annual meeting of the parish is eligible only for membership of the PCC for the parish, even if the person's name is on the roll of one or more other parishes.

(6) For the purposes of paragraph (1)(i), a lay member of a deanery synod who is a member of the synod otherwise than by virtue of election as a parochial representative and whose name is on the roll of the parish and on the roll of one or more other parishes—

(a) must choose one of the parishes concerned, and

(b) is accordingly eligible only for membership of the PCC for the parish if it is the parish which he or she chooses.

(7) For the purposes of paragraph (1)(i), a lay member of a diocesan synod or a member of the House of Laity of the General Synod whose name is on the roll of the parish and on the roll of one or more other parishes—

(a) must choose one of the parishes concerned, and

(b) is accordingly eligible only for membership of the PCC for the parish if it is the parish which he or she chooses.

(8) The number of representatives of the laity for the purposes of paragraph (1)(j) is—

(a) if there are no more than 50 names on the roll, six;

(b) if there are more than 50 but no more than 100, nine;

(c) if there are more than 100, a further three per hundred names and, where the number of names on the roll is not divisible by 100 without fraction or remainder, for the fraction or remainder, up to a maximum of 15.

(9) The annual meeting may by resolution vary the number of representatives there would otherwise be for the parish under paragraph (8); but a resolution under this paragraph does not take effect before the next annual meeting.

(10) The number of members under paragraph (1)(k) is either two or any greater number which does not exceed one-fifth of the number of members under paragraph (1)(j).

(11) A person whose name is removed from the roll of the parish on a revision under Rule 4 ceases to be a member of the PCC on the date on which the revised roll is completed.

(12) A person who does not make a fresh application for enrolment when a new roll of the parish is being prepared ceases to be a member of the PCC on the date on which the new roll is completed.

(13) A person who is or becomes disqualified as a member of the PCC (whether under Part 7 or otherwise) ceases to be a member on the date on which the disqualification takes effect.

(14) In a case within paragraph (11) or (12), the PCC may nonetheless co-opt the person concerned as a member under paragraph (1)(k).

Term of office: representatives of the laity E

M16 (1) A person who is a member of the PCC under Rule M15(1)(j) (representatives of laity) holds office as such for a period which—

(a) begins with the conclusion of the annual meeting at which the person was elected as a representative of the laity, and

(b) ends with the conclusion of the third subsequent annual meeting.

(2) But the annual meeting may, despite paragraph (1)(b), decide that the members under Rule M15(1)(j) are to retire at the conclusion of the annual meeting following their election.

(3) A decision under paragraph (2) does not affect the term of office of a member due to retire from the PCC at the conclusion of the annual meeting held after the one at which the decision was taken.

(4) A decision under paragraph (2) must be reviewed by the annual meeting at least once every six years; and if, on the review, the annual meeting revokes the decision, paragraph (1) applies unless and until a further decision is taken under paragraph (2).

(5) Where a decision is not taken under paragraph (2), one-third of the members under Rule M15(1)(j) are to retire and be elected each year; but at an annual meeting at which more than one-third of the members under Rule M15(1)(j) are elected, lots are drawn to decide which third is to retire in the first year after that meeting, which third in the second year and which third in the third year.

(6) A member under Rule M15(1)(j) is, subject to paragraphs (7) and (8), eligible on retirement for re-election.

(7) The annual meeting may decide that nobody who is a member under Rule M15(1)(j) may hold office as such after the date of the meeting for a continuous period which exceeds whatever number of years the annual meeting decides.

(8) The annual meeting may also decide that a person who, as a result of a decision under paragraph (7), has ceased to be eligible to be a member under Rule M15(1)(j) may, after such interval as the annual meeting decides, again stand for election as a representative of the laity.

(9) Where a member under Rule M15(1)(j) resigns or otherwise fails to serve the full term of office, the casual vacancy is to be filled for the remainder of the term in accordance with Rule M18.

(10) A reference in this Rule to the conclusion of an annual meeting is, in a case where an election held at the meeting also involves postal voting, to be read as a reference to the declaration of the result of the election.

Term of office: other cases E

M17 (1) A person who is a member of the PCC under Rule M15(1)(f) (churchwarden elect) holds office as such for the period which—

(a) begins when the person is chosen as churchwarden, and

(b) ends when the person is admitted to the office of churchwarden (at which point the person continues as a member, holding office as such under Rule M15(1)(e)).

(2) A person who is a member of the PCC under Rule M15(1)(h) (readers) holds office as such for the period which—

(a) begins with the conclusion of the annual meeting at which it was decided that the person should be a member, and

(b) ends with the conclusion of the next annual meeting, unless it is decided at that meeting that the person should continue to be a member.

(3) A person who is a member of the PCC under Rule M15(1)(i) as an elected lay member of a deanery synod holds office as a member of the PCC for the period which—

(a) begins with the date of election, and

(b) ends with the next 30 June following the annual meeting at which elections of parochial representatives of the laity to the deanery synod are required to be held under Rule M6(1)(a).

Casual vacancies E

M18 (1) A casual vacancy among the parochial representatives elected to a PCC must be filled as soon as practicable after the vacancy occurs.

(2) Where the annual meeting is not due to be held within the two months following the occurrence of the vacancy, the vacancy may be filled by the election by the PCC of a person qualified to be elected as a parochial representative.

Officers E

Chair and vice-chair E

M19 (1) The minister is the chair of the PCC.

(2) The PCC must elect a lay member as vice-chair; and the vice-chair acts as chair and accordingly has the powers vested in the chair—

(a) where there is no minister,

(b) where the minister is absent or unable to act for some other reason, or

(c) where the minister invites the vice-chair to act as chair.

(3) Where a special cure of souls in respect of the parish has been assigned to a vicar in a team ministry or a special responsibility for pastoral care in respect of the parish has been assigned to a member of the team under section 34(8) of the Mission and Pastoral Measure 2011—

(a) the vicar or team member in question is to be treated as the minister for the purposes of this Rule, or

(b) if the vicar or team member is absent or incapacitated by illness or for some other reason, the rector in the team ministry is to be treated as the minister for those purposes.

Secretary and treasurer E

M20 (1) The PCC may appoint one of its members as secretary; but if it does not, it must appoint some other fit person.

(2) The secretary has the following functions—

(a) to have charge of all the documents relating to the current business of the PCC other than the roll of the parish (unless the secretary is also the electoral roll officer);

(b) to keep the minutes;

(c) to record all resolutions passed;

(d) to notify his or her name and address to the secretary of the deanery synod and the secretary of the diocesan synod.

(3) The PCC may appoint one of its members as treasurer or two or more of its members as joint treasurers; but if it does not, it must—

(a) arrange for the office of treasurer to be discharged by such of the churchwardens as are members of the PCC or, if only one of them is a member, by that one solely, or

(b) appoint some other fit person.

(4) Where the person appointed as secretary or treasurer is not a member of the PCC, he or she does not become a member merely as a result of holding the office in question but may be co-opted under Rule M15(1)(k).

Electoral roll officer E

M21 (1) The PCC must appoint a person as electoral roll officer to act under its direction for the purpose of carrying out its functions with regard to the roll of the parish.

(2) The electoral roll officer accordingly has charge of the roll of the parish and must keep it up to date in accordance with these Rules.

(3) The person appointed under paragraph (1) need not be a member of the PCC and may also be the secretary.

Independent examiner or auditor E

M22 (1) If the annual meeting does not appoint an independent examiner or auditor to the PCC, or the person appointed is unable or unwilling to act, the PCC must appoint some other fit person.

(2) A person appointed under paragraph (1) must not be a member of the PCC.

(3) Paragraphs (4) and (5) of Rule M6 (eligibility for appointment as independent examiner or auditor) apply to an appointment under paragraph (1) of this Rule as they apply to an appointment under paragraph (2) of that Rule.

(4) The term of office of a person appointed under paragraph (1) ends at the conclusion of the next annual meeting.

(5) It is for the PCC to pay the remuneration of a person appointed under paragraph (1).

Business E

Meetings: time and place E

M23 (1) Each year, the PCC must hold a sufficient number of meetings to enable the efficient transaction of its business.

(2) The chair must convene each of those meetings.

(3) The chair may at any other time convene a meeting of the PCC; but if the chair does not do so within seven days of receiving a demand for such a meeting signed by at least one-third of the members of the PCC, those members may themselves immediately convene a meeting.

(4) A meeting of the PCC is to be held at such place as the PCC directs or, in the absence of such a direction, as the chair directs.

Meetings: attendance E

M24 (1) A person is entitled to attend a meeting of the PCC only if—

(a) the person is a member of the PCC, or

(b) where the parish is in the area of a group ministry, the person is entitled to do so under paragraph (2).

(2) Where the parish is in the area of a group ministry, each of the following persons is entitled to attend a meeting of the PCC—

(a) every incumbent of a benefice in the group,

(b) every priest in charge of a benefice in the group, and

(c) if the area of the group ministry includes the area of a benefice for which there is a team ministry, every vicar in the team ministry.

(3) A person who is entitled under paragraph (2) to attend a meeting of the PCC—

(a) is entitled to receive documents circulated to the members of the PCC, and

(b) is entitled to speak at the meeting, but

(c) is not entitled to vote at the meeting.

(4) The PCC may invite such other persons to attend its meetings as it wishes.

Meetings: notice E

M25 (1) At least ten clear days before a meeting of the PCC (other than one convened under paragraph (8)), notice of the meeting must be displayed—

(a) in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b) in the case of each building in the parish licensed for public worship, in a location readily visible to members of the congregation.

(2) A notice under paragraph (1) must—

(a) specify the time and place of the meeting, and

(b) be signed by or on behalf of the chair or other persons convening the meeting.

(3) At least seven clear days before a meeting of the PCC (other than one convened under paragraph (8)), notice of the meeting must be given to—

(a) each member of the PCC,

(b) where the parish is in the area of a group ministry, each person entitled to attend the meeting under Rule M24(2), and

(c) each person whom the PCC has invited to the meeting under Rule M24(4).

(4) A notice under paragraph (3) must—

(a) specify the time and place of the meeting,

(b) be signed by or on behalf of the secretary, and

(c) contain the agenda of the meeting, including any motions or other business proposed by members of which the secretary has received notice.

(5) But in the case of a meeting of the PCC which immediately follows the annual meeting and which has been called only for the purpose of appointing or electing officers of the PCC or the members of the standing committee, notice is not required under paragraph (3) if it has been given under paragraph (1).

(6) If the chair, vice-chair and secretary, or any two of them, consider for some good and sufficient reason that a meeting of the PCC which has been convened should be postponed, each member of the PCC and each person specified in Rule M24(2) must be given—

(a) notice that the meeting has been postponed, and

(b) notice specifying the time and place of the reconvened meeting.

(7) A notice under paragraph (6)(b) must be given before the end of 14 days beginning with the date for which the meeting had been convened.

(8) In the event of a sudden emergency or other special circumstances requiring immediate action by the PCC, the chair may convene a meeting by giving every member whatever written notice is practicable.

Meetings: chair E

M26 (1) The chair at a meeting of the PCC (other than an extraordinary meeting under Rule M33) is—

(a) the chair of the PCC, or

(b) if the chair is not present, the vice-chair of the PCC, or

(c) if nobody is available under sub-paragraph (a) or (b) (whether to chair the whole meeting or particular items on the agenda), a person chosen by and from the members of the PCC.

(2) Where a clerk in Holy Orders who is licensed to officiate in the parish or has permission to do so is authorised by the bishop to act as the chair of the PCC—

(a) that clerk is to be the chair of the PCC for the meeting if the chair of the PCC is absent, and

(b) the references in paragraph (1) to the chair are accordingly to be read as references to that clerk.

(3) An authorisation of the kind mentioned in paragraph (2) may be given only if—

(a) the clerk in question agrees, and

(b) an application is made by the minister and PCC jointly or, where the benefice is vacant, by the PCC alone.

(4) The chair at a meeting of the PCC must vacate the chair, either generally or for the purposes of any business in which he or she has a personal interest or any other particular business, if—

(a) the chair thinks it appropriate to do so, or

(b) the meeting so resolves with the agreement of the archdeacon.

Meetings: procedure E

M27 (1) The quorum for a meeting of the PCC is (subject to paragraph (2))—

(a) one-third of its members, or

(b) in the case of a meeting convened under Rule M25(8) (emergency etc.), a majority of its members.

(2) A meeting of the PCC is quorate only if the majority of the members present are lay persons.

(3) Business which is not specified in the agenda for a meeting of the PCC may not be transacted at the meeting except with the consent of at least three-quarters of the members present; and at a meeting convened under Rule M25(8), the only business which may be transacted is that specified in the notice convening the meeting.

(4) Business at a meeting of the PCC is decided by a majority of the members present and voting.

(5) In the case of an equality of votes at a meeting of the PCC, the chair has a second, casting vote.

(6) A meeting of the PCC may adjourn its proceedings to such time and place as the meeting may decide.

Meetings: minutes E

M28 (1) The minutes of each meeting of the PCC must record the name of each member present at the meeting and any other person attending.

(2) If one-fifth of the members of the PCC present and voting on a resolution so require, the minutes must record the name of each member voting for the resolution and the name of each member voting against.

(3) A member of the PCC may require the minutes to record how he or she voted on a particular resolution.

(4) Each member of the PCC, and any person entitled to attend meetings of the PCC under Rule M24(2), is entitled to have access to the minutes of the meetings of the PCC.

(5) Each of the following persons is entitled to have access to the approved minutes of meetings of the PCC without the authority of the PCC—

(a) the independent examiner or auditor of the PCC's financial statements,

(b) the bishop,

(c) the archdeacon, and

(d) any person authorised in writing by a person mentioned in sub-paragraph (a), (b) or (c).

(6) Any other person whose name is on the roll of the parish is entitled to have access to the approved minutes of meetings of the PCC held after the annual meeting in 1995, except any minutes which the PCC regards as confidential.

(7) Other persons may have access to the minutes of the meetings of the PCC only in accordance with a specific authorisation from the PCC; but, where minutes have been deposited in the diocesan record office under the Parochial Registers and Records Measure 1978, the need for that authorisation may be dispensed with by the chief officer of that office.

Business by correspondence E

M29 (1) The chair of the PCC may, if he or she considers that any business can properly be conducted by correspondence, instruct the secretary of the PCC to send proposals requiring the approval of members to—

(a) each member of the PCC, and

(b) any person entitled to attend the meetings of the PCC under Rule M24(2).

(2) Unless objection to the proposals is received from members in such numbers and within such period from the date of their being sent as the chair of the PCC may specify, the proposals are to be treated at the end of that period as approved by the PCC as if they had been approved at a duly convened meeting.

(3) Where proposals are circulated under this Rule for approval, the secretary must report to the next meeting of the PCC—

(a) whether the proposals were approved, and

(b) if objections to the proposals were received, the number of members from whom they were received.

Audit of financial statements E

M30 (1) The independent examiner or auditor of the PCC's financial statements—

(a) is entitled to have access to books, documents or other records (however kept) which relate to the financial statements;

(b) may require information and explanations from past or present treasurers or members of the PCC.

(2) If a person fails to comply with a requirement under paragraph (1)(b), the independent examiner or auditor may apply to the Charity Commission for an order for directions under section 155 of the Charities Act 2011.

Standing committee E

M31 (1) The PCC has a standing committee constituted in accordance with this Rule.

(2) If there are more than 50 names on the roll of the parish on the date on which the annual meeting is held, the standing committee is to consist of—

(a) the minister,

(b) each churchwarden who is a member of the PCC or, if there are more than two, such two or more of them as are appointed by the PCC by resolution, and

(c) at least two other members of the PCC appointed by the PCC by resolution, the number of whom must be at least equal to the number of churchwardens who are members of the committee under sub-paragraph (b).

(3) If there are no more than 50 names on the roll of the parish on the date on which the annual meeting is held, the standing committee is to consist of—

(a) the minister, and

(b) at least two other members of the PCC (each of whom may, but need not, be a churchwarden) appointed by the PCC by resolution.

(4) The PCC may by resolution remove a person appointed under paragraph (2)(b) or (c) or (3)(b).

(5) A member appointed under paragraph (2)(b) or (c) or (3)(b) holds office for a period which begins with the date of appointment and ends with the conclusion of the next annual meeting (subject to the possibility of the member's removal under paragraph (4)).

(6) The standing committee may transact the PCC's business between meetings of the PCC; but the standing committee—

(a) may not discharge a duty of the PCC, and

(b) may not exercise a power of the PCC which is subject to the passing of a resolution by the PCC or compliance by the PCC with some other requirement.

(7) If the PCC gives the standing committee any directions as to the exercise of its power under paragraph (6), the committee must exercise the power in accordance with those directions.

Other committees E

M32 (1) The PCC may appoint committees for the various branches of church work in the parish; and the members of a committee appointed under this Rule may include persons who are not members of the PCC.

(2) The minister is entitled to be an ex officio member of each committee appointed under this Rule.

Extraordinary meetings E

M33 (1) Where a written representation is made for the purposes of Rule M14, the archdeacon or bishop must, if he or she does not convene an extraordinary parochial church meeting under that Rule, convene an extraordinary meeting of the PCC under this Rule.

(2) At a meeting convened under this Rule, the archdeacon or bishop must either take the chair or appoint a person to do so.

(3) If the chair of the meeting would not otherwise be entitled to attend, he or she may not vote on any resolution before it.

Schemes E

Parish with more than one place of worship: election of representatives of laity E

M34 (1) If there are in the parish two or more churches or buildings licensed for public worship, the annual meeting may make a scheme for the election of representatives of the laity to the PCC in a way that is intended to make due provision for the representation of the congregation of each church or building.

(2) A scheme under this Rule may provide for—

(a) the election or choice of one or two deputy churchwardens,

(b) the delegation by the churchwardens to the deputy or deputies of such functions relating to a church or building licensed for public worship as are specified in the scheme, and

(c) the deputy or each of the deputies to be an ex officio member of the PCC.

(3) A scheme under this Rule may include provision under Rule M35.

(4) A scheme under this Rule comes into operation on the day specified in the scheme.

(5) Where a scheme is made under this Rule, a copy of the scheme—

(a) must be filed in the diocesan registry, and

(b) must be sent to the secretary of the bishop's council and standing committee.

(6) This Rule does not affect the appointment, in parishes with more than one parish church, of two churchwardens for each church under section 1(2)(a) of the Churchwardens Measure 2001.

Parish with more than one place of worship: district church council E

M35 (1) If there are in the parish two or more churches or buildings licensed for public worship, the annual meeting may make a scheme for—

(a) the establishment of a body called a “district church council”, the purpose of which is to carry out in relation to a specified district in the parish in which there is at least one church or building licensed for public worship such functions of the PCC as are delegated to it, and

(b) the election by the annual meeting of the district of representatives of the laity to the district church council.

(2) A scheme under this Rule must include provision for—

(a) ex officio membership of the district church council, and

(b) the chairing of the council.

(3) A scheme under this Rule may include provision delegating to the district church council such functions of the PCC as are specified in the scheme.

(4) Where there is a scheme under this Rule, the PCC may, subject to the provisions of the scheme, delegate one or more of its functions to the district church council.

(5) But none of the following functions may be delegated under paragraph (3) or (4)—

(a) functions relating to producing the financial statements of the parish;

(b) functions under Part 2 of the Patronage (Benefices) Measure 1986 (exercise of rights of presentation);

(c) functions as an interested party under Part 3 of the Mission and Pastoral Measure 2011 (pastoral schemes etc.).

(6) Where a scheme under this Rule is in operation, the PCC may exercise a function delegated to the district church council under paragraph (3) or (4) despite the delegation.

(7) A scheme under this Rule may provide for—

(a) the election or choice of one or two deputy churchwardens,

(b) the delegation by the churchwardens to the deputy or deputies of such functions relating to a church or building licensed for public worship as are specified in the scheme, and

(c) the deputy or each of the deputies to be an ex officio member of the PCC.

(8) A scheme under this Rule may include provision under Rule M34.

(9) A scheme under this Rule comes into operation on the day specified in the scheme.

(10) Where a scheme is made under this Rule, a copy of the scheme—

(a) must be filed in the diocesan registry, and

(b) must be sent to the secretary of the bishop's council and standing committee.

(11) If the parish is in the area of a benefice for which there is a team ministry, each member of the team may attend the meetings of a district church council elected for a district in the parish.

(12) This Rule does not affect the appointment, in parishes with more than one parish church, of two churchwardens for each church under section 1(2)(a) of the Churchwardens Measure 2001.

District church council: disqualification E

M36 (1) The provisions of these Rules on disqualification from being nominated, chosen or elected as, or from serving as, a member of the PCC apply also in relation to membership of a district church council established by a scheme under Rule M35 which applies to the parish.

(2) Any enactment providing for the disqualification of a person from being a trustee of a charity and, accordingly, from being a member of the PCC also has the effect of disqualifying the person from being a member of the district church council.

Section C: Joint councils E

Power to make scheme E

M37 (1) A meeting of the parish and meetings of one or more connected parishes may jointly make a scheme for the establishment of a joint council comprising—

(a) the minister of each parish to which the scheme applies, and

(b) representatives of the laity elected, chosen or appointed in the manner and in the numbers specified in the scheme from among the persons each of whom has his or her name on the roll of a parish to which the scheme applies.

(2) The provision which may be made in reliance on Rule 77 (implied power to vary) includes provision for enabling a joint council to include the minister and representatives of one or more other parishes.

(3) A reference in this Section of this Part of these Rules to a meeting of a parish is a reference to the annual meeting or a special parochial church meeting of that parish.

(4) A parish is connected to another parish if—

(a) they each belong to the same benefice,

(b) the benefice to which one belongs is held in plurality with the benefice to which the other belongs (whether or not they are held in plurality with one or more other benefices), or

(c) they are in the area of the same group ministry.

Status, property and functions of joint council E

M38 (1) A joint council established by a scheme under Rule M37 is a body corporate; and section 3 of the Parochial Church Councils (Powers) Measure 1956 applies to the joint council as if it were a PCC.

(2) A scheme under Rule M37 for the establishment of a joint council must include provision for the transfer from the PCC of each parish to which the scheme applies to the joint council of—

(a) all property, rights, liabilities and functions, or

(b) only such property, rights, liabilities and functions as are specified in the scheme.

(3) A scheme under Rule M37 may (in reliance on Rule 77) vary a scheme for the establishment of a joint council by providing for the transfer of specified property, rights, liabilities or functions from the joint council to the PCC of a specified parish to which that scheme applies.

(4) A scheme under Rule M37 may (in reliance on Rule 77) vary a scheme for the establishment of a joint council by providing for that scheme to cease to apply to a specified parish; and the scheme making the variation must include provision for the transfer from the joint council to the PCC for that parish of the property, rights, liabilities and functions concerned.

(5) A scheme under Rule M37 may (in reliance on Rule 77) revoke a scheme for the establishment of a joint council; and the scheme making the revocation must include provision for the transfer from the joint council to the PCC for each parish of the property, rights, liabilities and functions concerned.

(6) A scheme under Rule M37 may make different provision for different purposes and may, in particular, provide for—

(a) transfers of different property, rights, liabilities or functions to take place on different days;

(b) transfers of property, rights, liabilities or functions to take place on different days for different parishes.

(7) Any gift which is expressed as a gift to the PCC of a parish to which a scheme under Rule M37 applies, and which takes effect on or after the relevant transfer date, takes effect as a gift to the joint council, unless all the purposes for which the gift was made relate to functions which continue to be exercisable by the PCC.

(8) In paragraph (7), the “relevant transfer date” means—

(a) where all the PCC's functions are transferred to the joint council on the same date, that date, or

(b) in any other case, the date or the first date on which one or more of the PCC's functions are transferred to the joint council.

(9) Where a scheme under Rule M37 provides for the transfer of land, the land is, by virtue of the scheme itself and without any further deed or other document, to vest subject to and with the benefit of any tenancies, covenants, conditions, agreements, easements or rights to which the land was subject, and of which it had the benefit, immediately before the transfer took effect.

(10) Where any question arises as to the allocation of property, rights, liabilities or functions to a PCC on a transfer made by virtue of paragraph (3), (4) or (5), the question is to be resolved by the diocesan board of finance for the diocese in which that PCC's parish is situated.

(11) A scheme under Rule M37 does not affect the status of any parish to which the scheme applies or any right which a person has by virtue of being a parishioner or having his or her name on the roll of the parish.

Officers, business etc. of joint council E

M39 (1) A scheme under Rule M37 for the establishment of a joint council must include provision for—

(a) the chairing of the joint council,

(b) the meetings of the joint council, and

(c) the procedure of the joint council.

(2) Provision made under paragraph (1)(b) which entitles the representatives of a parish to which the scheme applies to attend a meeting of the joint council and take part in its proceedings does not prevent the holding of a meeting of the parish.

(3) A scheme under Rule M37 may include provision for the membership of a joint council to include persons other than those mentioned in paragraph (1) of that Rule.

(4) A scheme under Rule M37 may include supplementary, transitional or saving provision.

(5) Provision under paragraph (4) may, in particular, apply (with or without modifications) provisions of these Rules or of the Parochial Church Councils (Powers) Measure 1956 or any other provision made by or under a Measure.

Parish ceasing to be connected or being dissolved E

M40 (1) This Rule applies where a parish to which a scheme under Rule M37 applies ceases, by virtue of a pastoral scheme or order or the termination of provisions of a pastoral scheme or order under section 32(2) of the Mission and Pastoral Measure 2011, to be connected to the other parish or parishes to which the scheme applies.

(2) This Rule also applies where a parish to which a scheme under Rule M37 applies is dissolved by a pastoral scheme which makes provision under section 31(1)(b) of the Mission and Pastoral Measure 2011.

(3) The bishop may by written instrument under his or her hand—

(a) provide for the scheme to cease to apply to the parish which has ceased to be connected to the other parish or parishes or (as the case may be) has been dissolved, or

(b) provide for the scheme to be revoked.

(4) An instrument under this Rule which makes provision under paragraph (3)(a) must also provide for the transfer from the joint council to the PCC for the parish concerned of the property, rights, liabilities and functions concerned.

(5) An instrument under this Rule which makes provision under paragraph (3)(b) must also provide for the transfer from the joint council to the PCC for each of the parishes concerned of the property, rights, liabilities and functions concerned.

(6) Where any question arises as to the allocation of property, rights, liabilities or functions to a PCC on a transfer made by virtue of paragraph (4) or (5), the question is to be resolved by the diocesan board of finance for the diocese in which that PCC's parish is situated.

Disqualification E

M41 (1) The provisions of these Rules on disqualification from being nominated, chosen or elected as, or from serving as, a member of the PCC apply also in relation to membership of a joint council established by a scheme under Rule M37 to which the parish belongs.

(2) Any enactment providing for the disqualification of a person from being a trustee of a charity and, accordingly, from being a member of the PCC also has the effect of disqualifying the person from being a member of the joint council.

Procedure for making scheme E

M42 (1) A scheme under Rule M37 is valid only if it is approved by at least two-thirds of the persons present and voting at a meeting of each parish to which the scheme applies.

(2) A scheme approved under paragraph (1) by each parish to which it applies must be referred to the bishop's council and standing committee; and the scheme must be accompanied by—

(a) a copy of the resolution of each meeting at which the scheme was approved, and

(b) a statement of the number of persons attending each meeting, the number at each meeting voting for approval of the scheme and the number voting against.

(3) The bishop's council and standing committee, having had a scheme referred to it under paragraph (2), may—

(a) approve the scheme without amendment,

(b) approve the scheme subject to proposed amendments, or

(c) decline to approve the scheme.

(4) The bishop's council and standing committee may approve a scheme only if it is satisfied that the scheme makes due provision for the representation on the joint council of the laity of each parish to which the scheme applies.

(5) The provision made in the scheme for the purposes of paragraph (4) must, in particular, include provision for ensuring that the number of clerical members of the joint council does not equal or exceed the number of lay members.

(6) An amendment to a scheme proposed under paragraph (3)(b) is made only if it is approved by at least two-thirds of the persons present and voting at a meeting of each parish to which the scheme applies.

(7) A scheme under Rule M37 comes into operation on the day specified in the scheme.

(8) Where a scheme under Rule M37 is approved under this Rule, a copy of the scheme—

(a) must be filed in the diocesan registry, and

(b) must be sent to the secretary of the bishop's council and standing committee.

PART 10 E Forms

E

E

E

E

E

E

E

E

E

PART 11 E Index

Each of the following expressions is defined or otherwise glossed or explained in the provision specified in the following Table—

Expression	Provision
actual communicant	Rule 83(2)
annual meeting (in Part 9)	Rule M1(1)
barred list (in Part 7)	Rule 71(1)
benefice, area of	Rule 82(4)
building licensed for public worship	Rule 83(5)
Business Committee	Rule 84(1)
casual vacancy, occurrence of	Rule 83(9)
child (in Part 7)	Rule 71(1)
clerk in Holy Orders	Rule 83(10)
communion, with Church of England in	Rule 83(3) and (4)
community roll	Rule 83(6)
Constitution	Rule 84(1)
diocesan elector	Rule 54(2) and (3)
diocesan electoral registration officer	Rule 27(1)
diocesan safeguarding advisor (in Part 7)	Rule 71(1)
district church council (in Part 9)	Rule M35(1)
Form, numbered	Rule 84(3)
give	Rule 76(3) and (4)
guild church	Rule 83(8)
lay chair, in relation to a deanery synod	Rule 26(7)
minister	Rule 83(1)
mission initiative	Rule 84(1)
offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 (in Part 7)	Rule 71(2)
parish	Rule 82(1)
PCC	Rule 84(1)
personal data	Rule 84(1)
public worship	Rule 83(5)
register of clerical electors	Rule 27(2)
register of lay electors	Rule 27(3)
residence	Rule 82(2) and (3)
roll	Rule 1(1)
roll, name being on	Rule 83(7)
rural dean	section 12(4) of the Church of England (Miscellaneous Provisions) Measure 2000
specified by the Business Committee	Rule 81
vulnerable adult (in Part 7)	Rule 71(1)
writing	Rule 76(2)”

Section 1(3)

SCHEDULE 2 E Church Representation Rules: consequential amendments

Interpretation Measure 1925 E

1 E In section 3 of the Interpretation Measure 1925 (meaning of expressions in Measures), omit the definition of “Rules for the Representation of the Laity”.

Commencement Information

I4 Sch. 2 para. 1 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Channel Islands (Representation) Measure 1931 E

2 E In section 7 of the Channel Islands (Representation) Measure 1931 (power of Decanal Conferences to make rules), for “the Church Assembly, including the rules for the representation of the laity” substitute “ the General Synod, including the Church Representation Rules ”.

Commencement Information

I5 Sch. 2 para. 2 in force at 1.1.2020 by S.I. 2019/1460, art. 2

City of London (Guild Churches) Act 1952 E

3 E The City of London (Guild Churches) Act 1952 is amended as follows.

Commencement Information

I6 Sch. 2 para. 3 in force at 1.1.2020 by S.I. 2019/1460, art. 2

4 (1) Section 15 (electoral rolls) is amended as follows. E

(2) In subsection (1), for “the Rules for the Representation of the Laity for church electoral rolls” substitute “ the Church Representation Rules ”.

(3) In the proviso to subsection (2)(i), for the words from “to the lay electoral commission” to the end substitute “ in accordance with the Church Representation Rules as if it were a refusal of enrolment on the church electoral roll of the parish in which the church is situated ”.

Commencement Information

I7 Sch. 2 para. 4 in force at 1.1.2020 by S.I. 2019/1460, art. 2

5 (1) Section 18 (the title to which becomes “ Scheme for application of Church Representation Rules etc. ”) is amended as follows. E

(2) In subsection (2), for the words from “lay representatives (as” to “ruri-decanal conference” in the first place it appears, substitute “ parochial representatives of the laity to be elected to the deanery synod ”.

(3) In paragraph (b) of that subsection, for the words from “lay representatives” to “on the ruri-decanal conference” substitute “ parochial representatives of the laity to the deanery synod shall be conducted in such manner as to secure due representation on the deanery synod ”.

(4) In subsection (3), for the words from “the Rules” to the end substitute “ the Church Representation Rules or the Parochial Church Councils (Powers) Measure 1956 ”.

Commencement Information

I8 Sch. 2 para. 5 in force at 1.1.2020 by S.I. 2019/1460, art. 2

6 E In section 32 (ward churches), in subsection (4), for “sub-rule (1) of rule 10 of the Rules for the Representation of the Laity” substitute “ Rule M15(1) in Part 9 of the Church Representation Rules ”.

Commencement Information

I9 Sch. 2 para. 6 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Marriage Act 1949 E

7 E In section 72(4) of the Marriage Act 1949 (definition of “church electoral roll”), for the words from “the Rules” to the end substitute “ the Church Representation Rules ”.

Commencement Information

I10 Sch. 2 para. 7 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Parochial Church Councils (Powers) Measure 1956 E

8 E The Parochial Church Councils (Powers) Measure 1956 is amended as follows.

Commencement Information

I11 Sch. 2 para. 8 in force at 1.1.2020 by S.I. 2019/1460, art. 2

9 E In section 1 (interpretation), for the definition of each of “Minister” and “Parish” substitute—

““Minister” has the meaning given in Rule 83 of the Church Representation Rules;

“Parish” has the meaning given in Rule 82 of those Rules;”.

Commencement Information

I12 Sch. 2 para. 9 in force at 1.1.2020 by S.I. 2019/1460, art. 2

10 (1) Section 2 (general functions of PCC) is amended as follows. E

(2) In subsection (2), after paragraph (e) insert “;

(f) appointing sidesmen (who are also known as assistants to the churchwardens).”

(3) After that subsection insert—

“(2A) A person is eligible for appointment under subsection (2)(f) only if the person's name is on the church electoral roll of the parish.”

Commencement Information

I13 Sch. 2 para. 10 in force at 1.1.2020 by S.I. 2019/1460, art. 2

11 E In section 8(3) (form and manner of financial statements), for “prescribed by” substitute “ specified by ”.

Commencement Information

I14 Sch. 2 para. 11 in force at 1.1.2020 by S.I. 2019/1460, art. 2

12 E After section 8 insert—

“8A Vacancy in office: bishop to give directions

(1) This section applies where—

(a) an office in a parish is vacant, and

(b) no express provision for filling the vacancy is made by or under a Measure or Canon.

(2) The bishop of the diocese in which the parish is situated must give directions for the discharge of the functions of the holder of the office.”

Commencement Information

I15 Sch. 2 para. 12 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Synodical Government Measure 1969 E

13 E The Synodical Government Measure 1969 is amended as follows.

Commencement Information

I16 Sch. 2 para. 13 in force at 1.1.2020 by S.I. 2019/1460, art. 2

14 E In section 4(4) (advisory and consultative functions of diocesan synod), for “rule 28” substitute “ the standing orders of the diocesan synod under Rule 44 ”.

Commencement Information

I17 Sch. 2 para. 14 in force at 1.1.2020 by S.I. 2019/1460, art. 2

15 E In section 7(1) (Church Representation Rules), omit “, including the matters hitherto provided for by the Rules for the Representation of the Laity”.

Commencement Information

I18 Sch. 2 para. 15 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Incumbents (Vacation of Benefices) Measure 1977 E

16 E In section 10(6A) of the Incumbents (Vacation of Benefices) Measure 1977 (disqualification from membership of PCC), for “rule 12(1)(e)” substitute “ Rule M15(1)(i) in Part 9 ”.

Commencement Information

I19 Sch. 2 para. 16 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Patronage (Benefices) Measure 1986 E

17 E In Schedule 2 to the Patronage (Benefices) Measure 1986 (rights of presentation), after paragraph 20 insert—

“20A Paragraph 19 applies only to a team council, and paragraph 20 applies only to a joint parochial church council, which was—

(a) established by a pastoral scheme by virtue of Schedule 3 to the Mission and Pastoral Measure 2011 and in existence immediately before the commencement of the amendments to that Schedule by Schedule 2 to the Church Representation and Ministers Measure 2019, or

(b) established by a scheme made under the Church Representation Rules and in existence immediately before the commencement of Schedule 1 to that Measure (which replaced those Rules).”

Commencement Information

I20 Sch. 2 para. 17 in force at 1.1.2020 by S.I. 2019/1460, art. 2

National Institutions Measure 1998 E

18 E In Schedule 1 to the National Institutions Measure 1998 (Archbishops' Council), in paragraph 9(1)(c) (ex officio membership of General Synod for actual communicant), for “Rule 54(1)” substitute “ Rule 83(2) ”.

Commencement Information

I21 Sch. 2 para. 18 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Churchwardens Measure 2001 E

19 E The Churchwardens Measure 2001 is amended as follows.

Commencement Information

I22 Sch. 2 para. 19 in force at 1.1.2020 by S.I. 2019/1460, art. 2

20 E In section 2 (general disqualifications), in subsection (3C), for “giving a waiver” substitute “ deciding whether to give a waiver ”.

Commencement Information

I23 Sch. 2 para. 20 in force at 1.1.2020 by S.I. 2019/1460, art. 2

21 E In section 4 (time of choosing churchwardens), in subsection (1), for “30th April” substitute “ 31st May ”.

Commencement Information

I24 Sch. 2 para. 21 in force at 1.1.2020 by S.I. 2019/1460, art. 2

22 E In section 5 (meeting of parishioners to choose churchwardens), for subsection (4) substitute—

“(4) The notice shall, for a period including the last two Sundays before the meeting, be displayed—

(a) in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b) in the case of each building in the parish licensed for public worship, in a location readily visible to members of the congregation.”

Commencement Information

I25 Sch. 2 para. 22 in force at 1.1.2020 by S.I. 2019/1460, art. 2

23 E After section 5 insert—

“5A Election appeal

(1) An appeal may be made against the allowance or disallowance of a vote in an election under section 4.

(2) An appeal may be made against the result of an election under section 4.

(3) An error in the church electoral roll of the parish is not a ground of appeal against the result of an election unless—

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

(b) the error would or might be material to the result.

(4) The allowance or disallowance of a vote is not a ground of appeal under this section against the result of an election unless the allowance or disallowance would or might be material to the result of the election.

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

(a) a person entitled to take part in the meeting of the parishioners for making the election, or

(b) a candidate in the election.

(6) Notice of an appeal under this section—

(a) must be in writing, and

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

(7) Notice of an appeal under this section must be given to the lay chair of the deanery synod (as defined by Rule 26(7) of the Church Representation Rules).

(8) Notice of an appeal under subsection (1) must be given no later than 14 days after the vote in question was allowed or disallowed.

(9) Notice of an appeal under subsection (2) must be given no later than 14 days after the result of the election is declared by the person presiding at the meeting.

(10) Rules 60 and 61 of the Church Representation Rules (procedure on appeals) apply in relation to an appeal under subsection (1) or subsection (2) as they apply in relation to an appeal under Rule 57 or, as the case may be, Rule 58 which relates to the laity.”

Commencement Information

I26 Sch. 2 para. 23 in force at 1.1.2020 by S.I. 2019/1460, art. 2

24 E In section 6 (admission)—

(a) in each of subsections (1), (2) and (4), for “31st July”, in each place it appears, substitute “ 31st August ”, and

(b) in subsection (3), for “July” substitute “ August ”.

Commencement Information

I27 Sch. 2 para. 24 in force at 1.1.2020 by S.I. 2019/1460, art. 2

25 E In section 6A (suspension), in subsection (5), for “suspending a person in reliance on subsection (1)(b) or revoking” substitute “ deciding whether to suspend a person in reliance on subsection (1)(b) or whether to revoke ”.

Commencement Information

I28 Sch. 2 para. 25 in force at 1.1.2020 by S.I. 2019/1460, art. 2

26 E In section 8(1) (vacation of office)—

(a) in paragraph (a), for “rule 1” substitute “ Rule 4 ”, and

(b) in paragraph (b), for “rule 2(4)” substitute “ Rule 7 ”.

Commencement Information

I29 Sch. 2 para. 26 in force at 1.1.2020 by S.I. 2019/1460, art. 2

27 E In section 13 (interpretation)—

(a) in the definition of “minister”, for “rule 54(1)” substitute “ Rule 83(1) ”, and

(b) in the definition of each of “actual communicant”, “parish” and “public worship”, for the words from “have the same” to the end substitute “ each have the same meaning as in the Church Representation Rules (see Rules 82 and 83) ”.

Commencement Information

I30 Sch. 2 para. 27 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Clergy Discipline Measure 2003 E

28 (1) The Clergy Discipline Measure 2003 is amended as follows. E

(2) In section 21(4) (requirement for lay member of provincial panel to be actual communicant), for “rule 54(1)” substitute “ Rule 83(2) ”.

(3) In section 36 (suspension of priest or deacon), in subsection (2B), for “serving a notice under subsection (1)(e) or revoking” substitute “ deciding whether to serve a notice under subsection (1)(e) or whether to revoke ”.

(4) In section 36A (suspension of priest or deacon pending determination of application to bring proceedings out of time), in subsection (4), for “exercising” substitute “ deciding whether to exercise ”.

(5) In section 37A (suspension of bishop or archbishop pending determination of application to bring proceedings out of time), in subsection (5), for “exercising” substitute “ deciding whether to exercise ”.

Commencement Information

I31 Sch. 2 para. 28 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Church of England (Miscellaneous Provisions) Measure 2005 E

29 E In section 9(3) of the Church of England (Miscellaneous Provisions) Measure 2005 (appointment of diocesan secretary as secretary of diocesan synod), for “rule 34(1)(b)” substitute “ the standing orders of the diocesan synod under Rule 44 ”.

Commencement Information

I32 Sch. 2 para. 29 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Dioceses, Pastoral and Mission Measure 2007 E

30 E In Schedule 1 to the Dioceses, Pastoral and Mission Measure 2007 (Dioceses Commission), in paragraph 2(2) (requirement for Chair to be actual communicant), for “rule 54(1)” substitute “ Rule 83(2) ”.

Commencement Information

I33 Sch. 2 para. 30 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Mission and Pastoral Measure 2011 E

31 E The Mission and Pastoral Measure 2011 is amended as follows.

Commencement Information

I34 Sch. 2 para. 31 in force at 1.1.2020 by S.I. 2019/1460, art. 2

32 E In section 31 (pastoral schemes: creation of parishes etc.), after subsection (4) insert—

“(4A) A pastoral scheme providing for the creation of a new parish may include provision for securing representation of the new parish on the deanery synod during the period which—

(a) begins with the creation of the new parish, and

(b) ends with the next ordinary election of parochial representatives from that parish under Rule 19 of the Church Representation Rules.”

Commencement Information

I35 Sch. 2 para. 32 in force at 1.1.2020 by S.I. 2019/1460, art. 2

33 E In section 34 (establishment of team ministries), in subsection (13), omit “, (3)”.

Commencement Information

I36 Sch. 2 para. 33 in force at 1.1.2020 by S.I. 2019/1460, art. 2

34 E In section 35 (establishment of group ministries), omit subsection (5).

Commencement Information

I37 Sch. 2 para. 34 in force at 1.1.2020 by S.I. 2019/1460, art. 2

35 E After section 103 (the title to which becomes “ Provisions where there is no incumbent, archdeacon etc. ”) insert—

“103A Parochial church council with insufficient members

(1) This section applies where a parochial church council has no members or not enough members to be able to form the quorum for a meeting (see Rule M27 of the Church Representation Rules).

(2) The provisions of this Measure, so far as they apply to the council, are (subject to subsection (3)) to have effect—

(a) as if the minister and churchwardens of the parish acting jointly were the council, or

(b) if there is no minister, as if the churchwardens of the parish acting jointly were the council.

(3) If there are no churchwardens, the provisions of this Measure, so far as they apply to the council, are to have no effect.

(4) Each of the functions of an officer of the council under this Measure is to be exercised by such person as the bishop may appoint.”

Commencement Information

I38 Sch. 2 para. 35 in force at 1.1.2020 by S.I. 2019/1460, art. 2

36 (1) Schedule 3 (pastoral schemes and orders: supplementary provision) is amended as follows. E

(2) In paragraph 2 (team ministry)—

(a) in sub-paragraph (8), omit “Subject to sub-paragraph (9),”,

(b) omit sub-paragraph (9), and

(c) in sub-paragraph (10), for “(9)” substitute “ (8) ”.

(3) In paragraph 4 (team or group ministry)—

(a) in sub-paragraph (2), for “the Church Representation Rules in the like case” substitute “ Rule M34 or M35 of the Church Representation Rules ”,

(b) omit sub-paragraphs (3) and (4), and

(c) in sub-paragraph (5), omit “, (3) or (4)” and “or group ministry”.

(4) Paragraph 11 (parochial church meetings and councils) is omitted.

Commencement Information

I39 Sch. 2 para. 36 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Suspension Appeals (Churchwardens etc.) Rules 2016 (S.I. 2016/816) E

37 E In rule 2.1(1) of the Suspension Appeals (Churchwardens etc.) Rules 2016 (appeal by PCC member etc.), for “rule 46D(1)” substitute “ Rule 70(1) ”.

Commencement Information

I40 Sch. 2 para. 37 in force at 1.1.2020 by S.I. 2019/1460, art. 2

38 E In rule 2.2(3) of those Rules (President's decision), for “rule 46C(11)” substitute “ Rule 69(11) ”.

Commencement Information

I41 Sch. 2 para. 38 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Section 1(4)

SCHEDULE 3 E Church Representation Rules: transitional provisions and savings

References to the Rules in other enactments, documents etc. E

1 E A reference, express or implied, in the New Rules, another enactment or an instrument or document, to a provision of the New Rules is, subject to its context, to be read as being or including a reference to the corresponding provision of the Old Rules, in relation to times, circumstances or purposes in relation to which that provision of the Old Rules had effect.

Commencement Information

I42 Sch. 3 para. 1 in force at 1.1.2020 by S.I. 2019/1460, art. 2

2 E A reference, express or implied, in an enactment, instrument or document to a provision of the Old Rules is, subject to its context, to be read as being or including a reference to the corresponding provision of the New Rules, in relation to times, circumstances or purposes in relation to which that provision of the New Rules has effect.

Commencement Information

I43 Sch. 3 para. 2 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Bodies, members, elections etc. E

3 (1) A joint council, team council or group council in existence under a scheme under Rule 19, 20 or 21 of the Old Rules (“the Old Scheme”) immediately before the commencement of the New Rules is to continue to exist as if that Rule (and such other provisions of the Old Rules as are necessary for that purpose) were still in force. E

(2) Where a scheme is made under Rule M37 of the New Rules (“the New Scheme”) which applies to a parish to which Rule 19, 20 or 21 of the Old Rules applies by virtue of sub-paragraph (1), the Old Scheme is revoked, and the body established under it ceases to exist, on the coming into operation of the New Scheme, subject to such supplemental, transitional or saving provision as the New Scheme includes.

Commencement Information

I44 Sch. 3 para. 3 in force at 1.1.2020 by S.I. 2019/1460, art. 2

4 E Any other body in existence under or by virtue of the Old Rules immediately before the commencement of the New Rules is to be treated as having been constituted under the New Rules.

Commencement Information

I45 Sch. 3 para. 4 in force at 1.1.2020 by S.I. 2019/1460, art. 2

5 (1) A team council, group council or joint parochial church council established by virtue of Schedule 3 to the Mission and Pastoral Measure 2011 and in existence immediately before the commencement of the amendments to that Schedule by Schedule 2 to this Measure is to continue to exist until the end of the period provided for under paragraph 4(5) or 11(2) of that Schedule, with that Schedule continuing to apply to the council as if those amendments had not been made. E

(2) Where a scheme is made under Rule M37 of the New Rules which applies to a parish for which a team council, group council or joint parochial church council continues to be established by virtue of sub-paragraph (1), the scheme under which that body was established is revoked, and the body ceases to exist, on the coming into operation of the scheme under Rule M37, subject to such supplemental, transitional or saving provision as that scheme includes.

Commencement Information

I46 Sch. 3 para. 5 in force at 1.1.2020 by S.I. 2019/1460, art. 2

6 E Any rules or standing orders having effect under the Old Rules immediately before the commencement of the New Rules continue to have effect after that commencement as if made under the corresponding provision of the New Rules.

Commencement Information

I47 Sch. 3 para. 6 in force at 1.1.2020 by S.I. 2019/1460, art. 2

7 (1) The substitution of the Old Rules by the New Rules does not affect the term of office of any person holding office under the Old Rules immediately before the commencement of the New Rules. E

(2) A nomination having effect under the Old Rules immediately before that commencement continues to be effective after that commencement as if made under the corresponding provision of the New Rules.

Commencement Information

I48 Sch. 3 para. 7 in force at 1.1.2020 by S.I. 2019/1460, art. 2

8 E A provision of the Old Rules, in so far as it provides for a matter which may be made in rules under Rule 56 or 59 of the New Rules (elections to House of Laity of General Synod), continues to have effect until the first rules under Rule 56 or 59 (as the case may be) which provide for that matter come into force.

Commencement Information

I49 Sch. 3 para. 8 in force at 1.1.2020 by S.I. 2019/1460, art. 2

9 E Any scheme in operation, or other thing having effect, under or for the purposes of or in reliance on a provision of the Old Rules immediately before the commencement of the New Rules (other than a scheme under Rule 19, 20 or 21 of the Old Rules, as to which see paragraph 3 above) continues to be effective after that commencement as if made or done under or for the purposes of or in reliance on the corresponding provision of the New Rules.

Commencement Information

I50 Sch. 3 para. 9 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Previous transitionals and savings E

10 E The substitution of the Old Rules by the New Rules does not affect the operation of a transitional provision or saving relating to the commencement of a provision of the Old Rules, the effect of which is restated in the New Rules, so far as the transitional provision or saving is not specifically reproduced in the New Rules but is capable of having effect in relation to the corresponding provision of the New Rules or otherwise.

Commencement Information

I51 Sch. 3 para. 10 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Use of existing forms etc. E

11 E A reference to a provision of the Old Rules which is contained in a form or other document made, served, granted or issued after the commencement of the New Rules is, subject to its context, to be read as being or including a reference to the corresponding provision of the New Rules.

Commencement Information

I52 Sch. 3 para. 11 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Meaning of “Old Rules” and “New Rules” E

12 (1) A reference in this Schedule to the Old Rules is a reference to the Church Representation Rules as set out in Schedule 3 to the Synodical Government Measure 1969 in the form it took immediately before the commencement of the New Rules. E

(2) A reference in this Schedule to the New Rules is a reference to the Church Representation Rules as set out in the Schedule 3 to the Synodical Government Measure 1969 contained in Schedule 1 to this Measure.

Commencement Information

I53 Sch. 3 para. 12 in force at 1.1.2020 by S.I. 2019/1460, art. 2

Supplementary E

13 E Paragraphs 1 to 9 have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Schedule affects any other provision of that Act.

Commencement Information

I54 Sch. 3 para. 13 in force at 1.1.2020 by S.I. 2019/1460, art. 2