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Synodical Government Measure 1969

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Changes over time for: Cross Heading: Disqualification

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[F1Disqualification]E

Textual Amendments

F1Sch. 3 rule 46A cross-heading inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 3(1), 12(3); S.I. 2016/1213, art. 2

[F246A

[F3(1)(a)A person shall be disqualified from being nominated, chosen or elected or from serving as F4... a member of a parochial church council, a district church council or any synod under these rules if he is disqualified from being a charity trustee under [F5section 178 of the Charities Act 2011 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under section 181 of that Act or to a waiver by it under that section] in respect of all ecclesiastical charities established for purposes relating to the parish concerned.E

In this paragraph “ecclesiastical charity" has the same meaning as that assigned to that expression in the Local Government Act 1894;

[F6(aa)A person shall be disqualified from being nominated, chosen or elected or from serving as a member of a parochial church council, a district church council or any synod under these rules if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

(ab)A person shall be disqualified from being nominated, chosen or elected or from serving as a member of a parochial church council, a district church council or any synod under these rules if the person has been convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933.

(ac)A person shall be disqualified from being appointed to act or from acting as secretary or treasurer of a parochial church council if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

(ad)A person shall be disqualified from being appointed to act or from acting as secretary or treasurer of a parochial church council if the person has been convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933.]

(b)A person shall also be disqualified from being nominated, chosen or elected or from serving as a F7... member of a parochial church council if he has been so disqualified from holding office under section 10(6) of the Incumbents (Vacation of Benefices) Measure 1997;

(c)A person shall be disqualified from being nominated for election or from continuing to serve as a member of the General Synod if he holds or takes any paid office or employment appointment to which is or may be made or confirmed by the General Synod, the Convocations, the Archbishops’ Council, F8... the Church Commissioners for England (except that such disqualification shall not apply to any Commissioner so appointed in receipt of a salary or other emoluments), the Church of England Pensions Board or the Corporation of the Church House.]

[F9(2)For provision about disqualification from being chosen for the office of churchwarden, see section 2 of the Churchwardens Measure 2001; and for provision about vacation of office as such on becoming disqualified under that section, see section 8 of that Measure.]

Textual Amendments

F3Sch. 3 rule 46A(1): Sch. 3 rule 46A renumbered as Sch. 3 rule 46A(1) (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 2(11), 12(3); S.I. 2016/1213, art. 2

F4Words in Sch. 3 rule 46A(1)(a) omitted (1.1.2017) by virtue of Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 2(11)(a), 12(3); S.I. 2016/1213, art. 2

F5Words in Sch. 3 rule 46A(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 21(2) (with s. 20(2), Sch. 8)

F6Sch. 3 rules 46A(1)(aa)-(ad) inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 3(1), 12(3); S.I. 2016/1213, art. 2

F7Words in Sch. 3 rule 46A(1)(b) omitted (1.1.2017) by virtue of Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 2(11)(b), 12(3); S.I. 2016/1213, art. 2

F8Words in Sch. 3 rule 46A(c) omitted (19.5.2014) by virtue of Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 9(b), 21(2); S.I. 2014/1369, art. 2

[F1046B(1)A person's disqualification under rule 46A(1)(ab) or (ad) 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.E

(2)A waiver under paragraph (1)—

(a)is of unlimited duration, and

(b)has effect in every diocese.

(3)Before giving a waiver under paragraph (1), the bishop must consult—

(a)the diocesan safeguarding advisor, and

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

(4)On giving a notice under paragraph (1), the bishop shall send a copy of the notice to the registrar of the diocese; and the registrar shall file the copy in the diocesan registry.

(5)Where a person's seat is vacated under rule 46(1) on a person being disqualified under rule 46A(1)(ab), the person may resume the seat if the disqualification is waived under paragraph (1) of this rule and if the seat has remained vacant.]]

Textual Amendments

F3Sch. 3 rule 46A(1): Sch. 3 rule 46A renumbered as Sch. 3 rule 46A(1) (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 2(11), 12(3); S.I. 2016/1213, art. 2

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