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Synodical Government Measure 1969

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[F1 Election AppealsE

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Amendments (Textual)

F1Sch. 3 rules 36–36B substituted for rule 36 by S.I. 1989/2094, para. 12

[F244](1)There shall be a right of appeal with regard to—E

(a)the allowance or disallowance of any vote given or tendered in an election of a churchwarden or in an election under these rules or to a body constituted under or in accordance with these rules;

(b)the result of any election of a churchwarden or of any election or choice held or made or purporting to be held or made under these rules, or any election or choice of members of a body constituted under or in accordance with these rules.

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

(a)an elector in the said election;

(b)a candidate in the said election; or

(c)the chairman of the House of Laity or of the House of Clergy of the diocesan synod or, in an election to the House of Laity of the General Synod, the chairman and vice-chairman of that House of Laity F3. . . [F4as specified in paragraph (5) of this rule.].

(3)The provisions of this rule (except paragraph [F5(6) of this rule]), insofar as they confer a right of appeal by any person referred to in paragraph (2) above against the result of an election and provide for notice of an appeal and the determination thereof, shall apply in relation to an election to the House of Laity of the General Synod by the diocesan electors of the diocese in Europe.

(4)[F6Subject to paragraph (6) of this rule]in the case of an appeal arising out of an election to the House of Laity of the General Synod or the diocesan synod notice of the appeal shall be given in writing to the chairman of the House of Laity of the diocesan synod. In any other case concerning the laity, notice of the appeal shall be given in writing to the lay chairman of the deanery synod. Notices under this paragraph shall be given:

(a)in the case of an appeal against the allowance or disallowance of a vote, not later than fourteen days after such allowance or disallowance;

(b)in the case of an appeal against the result of an election or choice, not later than fourteen days after the result thereof has been announced by the presiding officer.

[F7(5)The Chairman and Vice-Chairman of the House of Laity of the General Synod shall each have a right of appeal under this rule in accordance with paragraph (1) of this rule in respect of any election to the House of Laity of the General Synod in either of the Provinces of Canterbury and York and he shall give notice in writing of such appeal to the presiding officer concerned not later than three months after the result of the election has been declared by the said presiding officer. Provided that if the office of Chairman or Vice-Chairman is vacant when the result of the election is published the person who last held office shall be deemed to hold that office for the purposes of this rule.]

[F8(6)]An error in the electoral roll or the registers of clerical or lay electors shall not be a ground of appeal against the result of any election unless—

(a)either it has been determined under this rule that there has been such an error or the question is awaiting determination under rule [F943]; and

(b)the error would or might be material to the result of the election;

and the allowance or disallowance of a vote shall not be a ground of appeal against the result of an election unless the allowance or disallowance would or might be material to the result of the election.

[F8(7)]An error in the electoral roll of a chaplaincy or in the register of lay electors in the diocese in Europe shall not be a ground of appeal against the result of an election to the House of Laity of the General Synod by the diocesan electors of that diocese unless—

(a)either it has been determined under the rule which applies in that diocese and corresponds with rule [F1043] that there has been such an error or the question is awaiting determination under that rule; and

(b)the error would or might be material to the result of that election;

and the allowance or disallowance of a vote shall not be a ground of appeal against the result of such an election unless the allowance or disallowance would or might be material to the result of the election.

[F11(8)An appeal arising out of an election or choice of members of the House of Laity of the General Synod shall, within the period of fourteen days of the appeal being lodged, be referred to the Chairman and Vice-Chairman of that House unless, within that period, the appellant withdraws the appeal in writing. Subject to paragraph (9) of this rule, the Chairman and Vice-Chairman acting jointly shall appoint three persons from an appeal panel consisting of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury, the Vicar General of the Province of York and twelve members of the House of Laity of the General Synod nominated by the Appointments Committee of the Church of England to consider and decide the appeal.]

[F8(9)]Where the chairman or vice-chairman of the House of Laity has given notice of appeal F12. . . [F13under paragraph (5) of this rule or where he or] a member of the [F14General Synod] comes from the diocese to which the appeal relates, he shall not be appointed to hear the appeal.

[F8(10)]In any appeal arising under this rule except an appeal arising out of an election to the House of Laity of the General Synod, the Chairman of the House of Laity of the diocesan synod or the lay chairman of the deanery synod, as the case may be, shall refer any appeal to the bishop’s council and standing committee of the diocese [F15who shall appoint three or a greater number, being an odd number, of their lay members to consider and decide the appeal.].

[F8(11)]In any appeal arising under this rule to the House of Clergy of the diocesan synod the Chairman of the House of Clergy of the said synod shall refer any appeal to the bishop’s council and standing committee of the diocese who shall appoint three or a greater number, being an odd number, of their clerical members to consider and decide the appeal.]

[F16(12)Where an appeal is pending under this rule in respect of an election to any synod any person who was declared elected in accordance with rule 33 but whose election is or may be affected by the appeal shall for all purposes be deemed to be a member of that Synod until the appeal is heard and disposed of.]

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Amendments (Textual)

F2Sch. 3 rule 44 (originally 36A) renumbered (1.1.1995) by S.I. 1994/3118, para. 41.

F3Words in Sch. 3 rule 44 para. (2)(c) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 41.

F4Words in Sch. 3 rule 44 para. (2)(c) inserted (1.1.1995) by S.I. 1994/3118, para. 41.

F5Words in Sch. 3 rule 44(3) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F6Words in Sch. 3 rule 44 para. (4) inserted (1.1.1995) by S.I. 1994/3118, para. 42.

F7Sch. 3 rule 44 para. (5)inserted (1.1.1995) by S.I. 1994/3118, para. 43.

F8Sch. 3 rule 44 paras. (6)-(11) (originally (5)-(10)) renumbered (1.1.1995) by S.I. 1994/3118, para. 43.

F9Figure in Sch. 3 rule 44(6) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F10Figure in Sch. 3 rule 44(7) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F12Words in Sch. 3 rule 44 para. (9) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 44.

F13Words in Sch. 3 rule 44 para. (9) inserted (1.1.1995) by S.I. 1994/3118, para. 44.

F15Words in Sch. 3 rule 44 para. (10) inserted (1.1.1995) by S.I. 1994/3118, para. 45.

F16Sch. 3 rule 44 para. (12) inserted (1.1.1995) by S.I. 1994/3118, para. 46.

[F17[F1845]For the purpose of the consideration and decision of any appeal under rules [F1943 and 44], the persons appointed to consider and decide the appeal—E

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

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

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

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

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

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

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

(e)shall have power at any time to consent to the withdrawal of the appeal by an appellant subject to a determination in respect of costs in accordance with paragraph [F20(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F18Sch. 3 rule 45 (originally 36B) renumbered (1.1.1995) by S.I. 1994/3118, para. 47.

F19Words in Sch. 3 rule 45 amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F20Words in Sch. 3 rule 45(e) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

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