SCHEDULES
C1C2F1SCHEDULE 3 Church Representation Rules
Sch. 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))
Sch. 3 applied by 2001 No. 1, s. 5(7) (as substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 15; S.I. 2014/1369, art. 2)
PART 6Appeals
Determination of appeal
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).
Sch. 3 substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 1 (with Sch. 3); S.I. 2019/1460, art. 2