Synodical Government Measure 1969

Part IV E Diocesan Synods

Membership of Diocesan Synods E

24 (1) A diocesan synod shall consist of [F1 a house of bishops], a house of clergy and a house of laity.

[F2 (1A) The members of the house of bishops shall consist of the bishop of the diocese, every suffragan bishop of the diocese and such other person or persons, being a person or persons in episcopal orders working in the diocese, as the bishop of the diocese, with the concurrence of the archbishop of the province, may nominate.

(1B) The bishop of the diocese shall be the president of the diocesan synod.]

(2) The members of the house of clergy shall consist of—

(a) the following ex-officio members, that is to say:—

[F3 (i) any person or persons in episcopal orders nominated by the bishop of the diocese, other than a suffragan bishop or a person nominated under paragraph (1A) of this rule;]

(ii) the dean or provost of the cathedral (including in appropriate dioceses, the Dean of Westminster, the Dean of Windsor and the Deans of Jersey and Guernsey);

(iii) the archdeacons;

(iv) the proctors elected from the diocese or from any university in the diocese (the University of London being [F4 treated for this purpose as being] wholly in the diocese of London) to the Lower House of the Convocation of the Province, excluding the registrar of the diocese (if so elected);

[F5 (v) any other member of that House, being the person chosen by and from among the clerical members of religious communities in the Province, who resides in the diocese;]

[F6 (vi)] the chancellor of the diocese (if in Holy Orders); and

[F6 (vii)] the chairman of the diocesan board of finance (if in Holy Orders);

(b) members elected by the houses of clergy of the deanery synods in the diocese in accordance with the next following rules; and

(c) not more than five members (being clerks in Holy Orders) co-opted by the house of clergy of the diocesan synod.

(3) The members of the house of laity shall consist of:—

(a) the following ex-officio members, that is to say:—

(i) the chancellor of the diocese (if not in Holy Orders);

(ii) the chairman of the diocesan board of finance (if not in Holy Orders);

(iii) the members elected from the diocese to the House of Laity of the General Synod, excluding the registrar of the diocese (if so elected);

[F7 (iv) any other member of that House, being [F8 an ex officio or co-opted member of the House of Laity of the General Synod or a] person chosen by and from among the lay members of religious communities in the Province, who resides in the diocese;]

(b) members elected by the houses of laity of the deanery synods in the diocese in accordance with the next following rules; and

(c) not more than five members co-opted by the house of laity of the diocesan synod, who shall be actual communicant members of the Church of England of age to vote at a Parliamentary election.

(4) The bishop of the diocese may nominate ten additional members of the diocesan synod, who may be of the clergy or the laity and shall be members of the appropriate house. [F9 Except in regard to their appointment the nominated members shall have the same rights and be subject to the same rules as elected members. Where necessary the bishop’s council and standing committee shall designate the deanary synod of which the nominated member shall be a member and, where a nominated lay person is on more than one electoral roll, he shall choose the parochial council of which he is to be a member.]

[F10 (5) No person, other than the chancellor of a diocese, shall be entitled to be a member of more than one diocesan synod at the same time.]

Textual Amendments

F1 Words substituted by S.I. 1980/178, para. 8(1)

F2 Rule 24(1A)(1B) inserted by S.I. 1980/178, para. 8(1)

F3 Rule 24(2)(a)(i) substituted by S.I. 1980/178, para. 8(2)

F4 Words substituted by S.I. 1973/1865, para. 14(2)

F5 Rule 24(2)(a)(v) inserted by S.I. 1973/1865, para. 14(3)

F6 Rule 24(2)(a)(vi)(vii) (originally (a)(v)(vi)) re-numbered by S.I. 1973/1865, para. 14(3)

F7 Rule 24(3)(a)(iv) added by S.I. 1973/1865, para. 14(4)

F8 Words substituted by S.I. 1984/1039, para. 16(1)

F9 Words inserted by S.I. 1984/1039, para. 16(2)

F10 Rule 24(5) inserted by S.I. 1980/178, para. 8(3)

Elections of Members of Diocesan Synods by Deanery Synods E

25 (1) The elections of members of the diocesan synod by the houses of clergy and laity of the deanery synods in the diocese shall take place every three years, and the members so elected shall hold office for a term [F11 of three years beginning with the 1st [F12 August] next following their election].

(2) Any clerk in Holy Orders who is a member of the deanery synod or is working or residing in the deanery shall be qualified to be so elected by the house of clergy of a deanery synod, and the electors shall be [F13 those whose names and addresses are recorded in the register of clerical electors] other than the co-opted members:

Provided that no clerk shall stand for election by more than one deanery synod.

(3) [F14 Subject to the provisions of rule 1(3)] any lay person who is an actual communicant member of the Church of England of [F15 eighteen years or upwards] and whose name is entered on the roll of any parish in the deanery or who is a lay person declared by the dean to be a habitual worshipper at the cathedral church of the diocese and to be associated with the deanery, shall be qualified to be so elected by the house of laity of a deanery synod, and the electors shall be [F16 those whose names and addresses are recorded in the register of lay electors] other than the co-opted members: [F17 and members who were elected pursuant to rule 9(1B).]

. . . F18

[F19 (3A) The qualifying date for electors under paragraphs (2) and (3) of this rule and when a casual vacancy is being filled shall be 6.00 a.m. on the date on which the nomination papers are issued.

(3B) The register of clerical electors and the register of lay electors shall be open to inspection at the diocesan office and any errors and omissions in the list may be corrected until the close of nominations. Thereafter no names may be added or removed until the declaration of the result of the election and those persons whose names are entered in the register shall be the qualified electors entitled to vote in that election.]

(4) The diocesan synod shall, not later than the [F20 31st December] in the year preceding any such election determine the numbers of members to be so elected by the houses of the several deanery synods in the diocese, and the numbers shall—

(a) in the case of elections by the houses of clergy, be related to the numbers of members of those houses in the respective deanery synods;

(b) in the case of elections by the houses of laity, be related to the total numbers of names on the rolls of the parishes in the respective deaneries as certified . . . F21 under rule 4:

Provided that at least two members shall be elected by each house of every deanery synod.

(5) For the purposes of such determination by the diocesan synod, the secretary of every deanery synod shall, not later than the 1st July in the year preceding any such election, certify the number of members of the house of clergy of the synod to the secretary of the diocesan synod.

(6) The diocesan synod shall so exercise their powers under this rule as to secure that the number of members of the synod is not less than 150 and not more than 270 and that the numbers of the two houses are approximately equal:

. . . F22

[F23 For the avoidance of doubt it is hereby declared that the [F24 number 270 specified in this paragraph includes] the maximum number of members who may be co-opted by each house or nominated by the bishop.]

(7) Not later than the 31st December in each year preceding any such elections, the secretary of the diocesan synod shall certify to the secretary of every deanery synod the numbers determined under this rule for that deanery synod.

Textual Amendments

F11 Words substituted by S.I. 1973/1865, para. 15(1)

F12 Word substituted by S.I. 1981/1650, para. 2

F13 Words substituted by virtue of S.I. 1989/2094, para. 8(1)

F14 Words inserted by S.I. 1973/1865, para. 15(2)

F15 Words substituted by S.I. 1973/1865, para. 15(2)

F16 Words substituted by virtue of S.I. 1989/2094, para. 8(2)

F17 Words inserted by S.I. 1989/2095, para. 2

F18 Rule 25(3) proviso repealed by S.I. 1973/1865, para. 15(2)

F19 Sch. 3 rule 25(3A)(3B) inserted by S.I. 1989/2094, para. 8(3)

F20 Words substituted by S.I. 1973/1865, para. 15(3)

F21 Words repealed by S.I. 1973/1865, para. 15(3)

F22 Words repealed by S.I. 1984/1039, para. 17(1)

F23 Para. added by S.I. 1973/1865, para. 15(4)

F24 Words substituted by S.I. 1984/1039, para. 17(2)

26 [F25 (1) Elections of members of the diocesan synod by the houses of the deanery synods shall be completed by the 15th day of July, the period and dates of the election being fixed by the bishop of the diocese and communicated to the secretaries of the deanery synods.

(2) The bishop shall appoint the presiding officers for the elections by the houses of the deanery synods, provided that no person shall be appointed as a presiding officer for an election by a house of a deanery synod of which he is a member. The expenses of elections shall be paid out of diocesan funds.

(2A) The diocesan electoral registration officer shall furnish the presiding officer with the names and addresses of the qualified electors and the presiding officer shall ensure that the persons qualified to nominate and vote in elections to the diocesan synod, and only such persons, shall be sent or given nomination and voting papers in respect of the said election at the address entered against their names in the register of electors.]

(3) Every candidate must be nominated and seconded by a qualified elector. A notice in the form set out in section 5 of Appendix I indicating the number of seats to be filled and inviting nominations shall be dispatched to every elector by the presiding officer . . . F26 Nominations in the form set out in section 6 of Appendix I shall be sent to the presiding officer in writing within such period not being less than 14 days as he shall specify and be accompanied by a statement signed by the candidate of his willingness to serve.

[F27 (3A) It shall be the duty of the presiding officer within seven days of receiving a written request from a duly nominated candidate in the election to supply free of charge to that candidate one copy of the names and addresses of the qualified electors.]

(4) If more candidates are nominated than there are seats to be filled the names of the candidates nominated shall be circulated on a voting paper in the form set out [F28 either in section 7 or in section 8 of Appendix I to every qualified elector. The diocesan synod shall, not later than the 31st December in each year preceding any such election as is referred to in rule 25, [F29 make a determination as to which form of voting paper is to be used by the deaneries in that election, and that] determination shall apply to any election to fill a casual vacancy which occurs during the next ensuing three years.]

(5) The voting paper marked and [F30 , on the reverse thereof, signed by the elector and with his full name written.] shall be returnable to the presiding officer within such period not being less than 14 days as he shall specify . . . F31 No vote shall be counted if given on a voting paper not in accordance with this paragraph.

(6) Where [F32 voting papers in the form set out in section 7 of Appendix I have been used and] owing to an equality of votes an election is not decided, the decision between the persons for whom the equal numbers of votes have been cast shall be taken by lot by the presiding officer.

[F33 (7) Where voting papers in the form set out in section 8 of Appendix I are used, the election shall be conducted under rules, with the necessary modifications, made by the General Synod under rule 33(4) and for the time being in force.]

[F34 (8)] A return of the result of the election shall be sent by the presiding officer to the secretary of the diocesan synod and a statement of the result shall be sent by [F35 the presiding officer] to every candidate not later than the 1st [F36 August] in each election year.

Textual Amendments

F25 Sch. 3 rule 26(1)(2)(2A) substituted for paras. (1) and (2) by S.I. 1989/2094, para. 9(1)

F26 Words repealed by S.I. 1989/2094, para. 9(2)

F27 Sch. 3 rule 26(3A) inserted by S.I. 1989/2094, para. 9(3)

F28 Words substituted by S.I. 1980/178, para. 9(1)

F29 Words substituted by S.I. 1984/1039, para. 18(3)

F30 Words substituted by S.I. 1981/1650, para. 18(4)

F31 Words repealed by S.I. 1980/178, para. 9(2)

F32 Words inserted by S.I. 1980/178, para. 9(3)

F33 Rule 26(7) inserted by S.I. 1980/178, para. 9(4)

F34 Rule 26(8) (originally 26(7)) renumbered by S.I. 1980/178, para. 9(5)

F35 Words substituted by S.I. 1973/1865, para. 15(5)

F36 Word substituted by S.I. 1981/1650, para. 3(3)

Variation of Membership of Diocesan Synods by Scheme E

27 (1) If it appears to the diocesan synod that the preceding rules in this Part relating to the membership of diocesan synods ought to be varied to meet the special circumstances of the diocese and to secure better representation of clergy or laity or both on the diocesan synod, they may make a scheme for such variation, and if the scheme comes into operation in accordance with the provisions hereinafter applied, the said rules shall have effect subject to the scheme:

. . . F37

(2) Paragraphs (2) [F38 to (5)] of rule 21 shall apply to schemes under this rule as it applies to schemes under that rule.

Textual Amendments

F37 Rule 27(1) proviso repealed by S.I. 1973/1865, para. 16

F38 Words substituted by S.I. 1980/178, para. 10

Procedure of Diocesan Synods E

28 (1) The diocesan synod shall make standing orders which shall provide—

(a) that the bishop need not be chairman of its meetings if and to the extent that standing orders otherwise provide;

(b) that there shall be a secretary of the diocesan synod;

(c) that a specified minimum number of meetings being [F39 in the case of a diocese in which area synods have been constituted in accordance with section 17 of the M1 Dioceses Measure 1978, not less than one, and in the case of any other diocese] not less than two shall be held in each year;

(d) that a meeting of the diocesan synod shall be held if not less than a specified number of members of the synod so request;

(e) that subject to the [F40 three] next following sub-paragraphs, nothing shall be deemed to have the assent of the diocesan synod unless the three [F41 houses] which constitute the synod have assented thereto [F42 but that if in the case of a particular question [F43 (except a matter referred to the diocesan synod by the General Synod under the provisions of Article 8 of the Constitution) the diocesan bishop] (if present) so directs, that question shall be deemed to have the assent of the house of bishops only if the majority of the members of that house who assent thereto includes [F43 the diocesan bishop];

(f) that questions relating only to the conduct of business shall be decided by the votes of all the members of the diocesan synod present and voting, . . . F44

[F45 (g) that every other question shall be decided by the votes of all the members of the diocesan synod present and voting, the assent of the three Houses being presumed, unless the diocesan bishop (if present) requires or any ten members require that a separate vote of each House be taken.]

[F46 (h)] that if the votes of the houses of clergy and laity are in favour of any matter referred to the diocesan synod by the General Synod under the provisions of Article 8 of Schedule 2 to this Measure, that matter shall be deemed to have been approved for the purposes of the said Article;

[F47 (i)] that where there is an equal division of votes in the house of bishops, [F48 the diocesan bishop] shall have a second or casting vote;

[F47 (j)] that [F49 the diocesan bishop] shall have a right to require that his opinion on any question shall be recorded in the minutes;]

[F50 (k)] that there shall be a bishop’s council and standing committee of the diocesan synod with such membership as may be provided by standing orders and with the functions exercisable by it under section 4(4) of the Measure and such other functions as may be provided by the standing orders or by these rules or by any Measure or Canon;

and may contain such further provisions consistent with these rules as the diocesan synod shall consider appropriate.

[F51 (2) No person shall be entitled to serve as a member of more than one bishop’s council and standing committee at the same time.]

[F52 (3)] The registrar of the diocese shall be the registrar of the diocesan synod, and may appoint a deputy.

Textual Amendments

F39 Words inserted by S.I. 1980/178, para. 11(1)

F40 Word substituted by S.I. 1984/1039, para. 19(1)

F41 Word substituted by S.I. 1980/178, para. 11(2)

F42 Words inserted by S.I. 1980/178, para. 11(2)

F43 Words substituted by S.I. 1984/1039, para. 19(1)

F44 Words repealed by S.I. 1984/1039, para. 19(2)

F45 Rule 28(1)(g) inserted by S.I. 1984/1039, para. 19(3)

F46 Rule 28(1)(h) (originally 28(1)(g) relettered by S.I. 1984/1039, para. 19(4)

F47 Rule 28(1)(h)(i) inserted by S.I. 1980/178, para. 11(4); relettered 28(1)(i)(j) by S.I. 1984/1039, para. 19(4)

F48 Words substituted by S.I. 1984/1039, para. 19(4)

F49 Words substituted by S.I. 1984/1039, para. 19(5)

F50 Rule 28(1)(k) (originally 28(1)(h)) relettered by S.I. 1980/178, para. 11(5) and 1984/1039, para. 19(4)

F51 Rule 28(2) inserted by S.I. 1980/178, para. 11(5)

F52 Rule 28(3) (originally 28(2)) renumbered by S.I. 1980/178, para. 11(6)

Marginal Citations

M1 1978 No. 1 (21:3).