Modifications etc. (not altering text)
C1Sch. 3 modified by Cathedrals Measure 1963 (No. 2), s. 12(3) (as substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 10;Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
Sch. 3 modified (30.6.1999) by 1999 No. 1, ss. 12(4), 38(2)(3) (with ss. 33, 37, 38(5)(6))
[F148][F2[F3(1)Casual vacancies among the parochial representatives elected to the parochial church council or deanery synod shall be filled as soon as practicable after the vacancy has occurred. Where the annual parochial church meeting is not due to be held within the next two months following the occurrence of the vacancy, a vacancy among the parochial representatives elected to the parochial church council may be filled, and a vacancy among the parochial representatives elected to the deanery synod shall be filled, by the election by the parochial church council of a person qualified to be so elected. Returns of parochial representatives of the laity elected to fill one or more casual vacancies on the deanery synod shall be sent by the secretary of the parochial church council to the diocesan electoral registration officer and to the Secretary of the deanery synod.]E
(2)Where a casual vacancy among the members of a diocesan synod elected by either house of a deanery synod occurs, the vacancy may be filled by the election by that house of a person qualified to be so elected, and a meeting of the members of that house who are electors may be held for that purpose.
(3)Subject to paragraphs (1), (2) and (6) of this rule, casual vacancies among persons elected under these rules shall be filled [F4and elections to fill such casual vacancies shall be] conducted in the same manner as ordinary elections. [F5The qualifying date for diocesan electors shall be determined in accordance with rule 35(5).]
(4)Elections to fill casual vacancies shall, where possible, be held at such times as will enable all casual vacancies among representatives of the laity who are electors to be filled at the time of every election to the House of Laity of the General Synod, but no such election shall be invalid by reason of any casual vacancies not having been so filled.]
[F6(5)(a)Subject to the provisions of this rule, an election to fill a casual vacancy in the House of Laity shall be completed, so far as possible, within six months from the occurrence of the vacancy and, in the event of the vacancy not being filled within that period, the Chairman of the House of Laity of the General Synod may give directions to the presiding officer as to the date by which the vacancy must be filled.E
(b)Where a casual vacancy occurs in the House of Laity of the General Synod and the period for holding a general election to that House is due to begin within twelve months of the vacancy, the vacancy shall not be filled unless the lay members of the bishop’s council and standing committee, acting in accordance with any directions of the diocesan synod, otherwise direct.
(c)Where a casual vacancy in the House of Laity of the General Synod occurs within the period of two years—
(i)beginning with 1st August in the year of the last general election to that House, or
(ii)beginning with the date of the declaration of the result of an election to fill a casual vacancy where the election was conducted by voting papers in the same manner as a general election;]
. . . [F7the election to fill the casual vacancy shall be conducted by those papers in accordance with paragraph (6) of this rule.].
[F8(6)(a)Where the election is to be conducted by the voting papers of a general election, the number of persons to be elected shall be the same as in the general election, provided that no continuing candidate elected during the original count shall be excluded.E
(b)Where the election is to be conducted by the voting papers of an election other than the general election, the number of persons to be elected shall be calculated by adding together the number of persons previously elected using these voting papers who are still continuing as elected persons, and the number of casual vacancies to be filled, provided that no continuing candidate elected during the original count shall be excluded.
(c)The presiding officer for the area in question shall ask every candidate not elected in the previous election who is still qualified for election for the diocese in question if he consents to serve.
(d)If the number of candidates is the same as the places to be filled and he or they so consent or only one of those candidates so consents he shall be elected to fill the casual vacancy.
(e)If more candidates than places to be filled so consent the votes validly cast in the preceding election shall be recounted from the beginning in accordance with the rules mentioned in rule 39(8), the presiding officer having first withdrawn those candidates who do not consent or are no longer eligible for election.]
[F9(7)An election to fill a casual vacancy in either house of the diocesan synod shall be completed [F10so far as possible] within six months from the occurrence of the vacancy, provided that where a casual vacancy occurs in either house and the period for holding a general election to that house is due to begin within nine months of the vacancy, the vacancy shall not be filled unless the members of the bishop’s council and standing committee who are from the same house otherwise direct.]
[F11(8)]The preceding provisions of this rule shall apply, so far as applicable and with the necessary modifications, to the choosing of persons under these rules as it applies to the election of persons thereunder, and shall also apply to the election or choosing of members of any body constituted under or in accordance with these rules.
[F11(9)]Any person elected to fill a casual vacancy shall hold office only for the unexpired portion of the term of office of the person in whose place he is elected or chosen.
F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13[F14(11)]In calculating the period of six months referred to in paragraphs (5) and (7) of this rule—
(a)where during the course of an election irregularities are found which are of such a kind that the presiding officer is of the opinion that he should declare the proceedings null and void, he shall so declare and shall notify all electors of the declaration and shall cause a fresh election to be held which shall be completed within the period of six months from the date of the notice to the electors of the fresh election;
(b)where in an appeal a determination is made that there has been no valid election and the presiding officer is directed to hold a fresh election, the period of six months shall run from the date of such direction.
[F14(12)]In this rule the expression “casual vacancy” includes the case where insufficient candidates have been nominated to fill the places available.]
Textual Amendments
F1Sch. 3 rule 48 (originally 39) renumbered (1.1.1995) by S.I. 1994/3118, para. 47.
F2Rule 39(1)—(4) substituted for Rule 39(1) by S.I. 1973/1865, para. 27(1).
F3Sch. 3 rule 39(1) substituted by S.I. 1989/2094, para. 14(1).
F4Words substituted by S.I. 1989/2094, para. 14(2).
F5Words in Sch. 3 rule 48 para. (3) inserted (1.1.1995) by S.I. 1994/3118, para. 47.
F6Sch. 3 rule 39(5) substituted for paras. (5)(6) by S.I. 1989/2094, para. 14(3).
F7Words in Sch. 3 rule 48 para. (5)(c) inserted (1.1.1995) by S.I. 1994/3118, para. 48.
F8Sch. 3 rule 48(6) substituted (1.1.2000) by virtue of The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 19, 24(3)
F9Sch. 3 rule 39(7) inserted by S.I. 1989/2094, para. 14(5).
F10Words in Sch. 3 rule 48 para. (7) inserted (1.1.1995) by S.I. 1994/3118, para. 50.
F11Rule 39(8)(9) (originally 39(3)(4)) re-numbered by S.I. 1973/1865, para. 27(4).
F12Sch. 3 rule 48 para. (10) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 50.
F13Sch. 3 rule 39 paras. (11)(12) inserted by S.I. 1989/2094, para. 14(7).
F14Sch. 3 rule 48 paras. (10)-(11) (originally (11)-(12)) renumbered (1.1.1995) by S.I. 1994/3118, para. 50.