Synodical Government Measure 1969

[F1 [F2 45] E For the purpose of the consideration and decision of any appeal under rules [F3 43 and 44], the persons appointed to consider and decide the appeal—

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

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

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

(d) shall, unless by consent of the persons appointed the appeal is withdrawn, determine the matter at issue and, in an election appeal shall determine whether—

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

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

[F4 (iii) the facts complained of amount to a procedural irregularity in the conduct of the election, but that in all the relevant circumstances the appeal shall be dismissed; or]

[F5 (iv)] the election was void. The determination so certified shall be final as to the matters at issue and, in any case in which there has been no valid election, the members shall direct a fresh election to be held and shall give such directions in connection therewith as they may think necessary;

(e) shall have power at any time to consent to the withdrawal of the appeal by an appellant subject to a determination in respect of costs in accordance with paragraph [F6 (f) of this rule];

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

Textual Amendments

F1 Sch. 3 rules 36–36B substituted for rule 36 by S.I. 1989/2094, para. 12

F2 Sch. 3 rule 45 (originally 36B) renumbered (1.1.1995) by S.I. 1994/3118, para. 47.

F3 Words in Sch. 3 rule 45 amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F4 Sch. 3 rule 45(d)(iii) inserted (1.1.2000) by The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 16, 24(3)

F5 Sch. 3 rule 45(d)(iii) renumbered as Sch. 3 rule 45(d)(iv) (1.1.2000) by virtue of The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 16, 24(3)

F6 Words in Sch. 3 rule 45(e) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.