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))
[F135](1)The House of Laity of the General Synod shall consist of—E
(a)the members elected by the diocesan electors of each diocese as hereinafter provided;
(b)[F2three members, two from the Province of Canterbury and one from the Province of York], chosen by the lay members of religious communities from among their number in such manner as may be provided by a resolution of the General Synod;
(c)such ex-officio and co-opted members as are hereinafter provided.
[F3[F4(2)]For the purposes of this Part of these rules the diocese in Europe shall be deemed to be a diocese in the province of Canterbury.]
[F4(3)]For the purposes of this Part of these rules, the diocesan electors of a diocese [F5other than the diocese in Europe] shall be the members of the houses of laity of all the deanery synods in the diocese other than F6. . .:
[F7(a)persons co-opted to the deanery synod under rule 24(7); or
(b)persons who are lay members of a religious community with separate representation in the General Synod under paragraph (1)(b) of this rule.]
. . . F8
[F9[F4(4)]The diocesan electors of the diocese in Europe shall be such number of persons elected by the annual meetings of the chaplaincies in the said diocese as may be determined by the bishop’s council and standing committee of the said diocese, and any lay person who is:
(a)an actual communicant F10. . . [F11as defined in rule 54(1)].
(b)of eighteen years or upwards, and
(c)a person whose name is entered on the electoral roll of such a chaplaincy,
shall be qualified for election as a diocesan elector by the annual meeting of that chaplaincy.]
[F12[F4(5)]The qualifying date for lay members of religious communities under paragraph (1)(b) of this rule and for diocesan electors under paragraphs [F13(3) and (4)] of this rule shall be 6.00 a.m. on the date of the dissolution of the General Synod, save that when a casual vacancy is being filled, the qualifying date shall be 6.00 a.m. on the date on which the nomination papers are issued.
[F4(6)]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.]
Textual Amendments
F1Sch. 3 rule 35 (originally 29) renumbered (1.1.1995) by S.I. 1994/3118, para. 32.
F2Words substituted by S.I. 1984/1039, para. 20
F3Rule 29(1A) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 1(1)
F4Sch. 3 rule 35 paras. (2)-(6) (originally (1A)-(5)) renumbered (1.1.1995) by S.I. 1994/3118, para. 32.
F5Words inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 1(2)
F6Words in Sch. 3 rule 35 para. (3) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 32.
F7Sch. 3 rule 35 para. (3)(a)(b) inserted (1.1.1995) by S.I. 1994/3118, para. 32.
F8Rule 29(2) proviso repealed by S.I. 1973/1865, para. 17
F9Rule 29(3) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 1(2)
F10Words in Sch. 3 rule 35 para. (4)(a) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 33.
F11Words in Sch. 3 rule 35 para. (4)(a) inserted (1.1.1995) by S.I. 1994/3118, para. 33.
F12Sch. 3 rule 29(4)(5) inserted by S.I. 1989/2094, para. 10
F13Words in Sch. 3 rule 29 para. (4) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
[F1436][F15(1)The total number of members directly elected and specially elected from the dioceses in the Province shall not exceed one hundred and seventy for Canterbury and eighty for York and no diocese shall have fewer than three directly elected members (except the diocese in Europe which shall elect two members, and the diocese of Sodor and Man which shall elect one member). Ex officio and co-opted members (as defined in rule [F1642]) shall be additional to the said total number. In this rule the term “specially elected” means the representatives of the religious communities referred to in rule [F1635(1)] and the representatives of the Channel Islands elected in accordance with the Channel Islands (Representation) Measure 1931 and such persons shall be included in the said total number.E
[F17(2)]The total number of members to be elected by the diocesan electors of all the dioceses shall be fixed by resolution of the General Synod not later than the last day of November in the fourth year after the last preceding election of the house of Laity (but subject as hereinafter provided), and the resolution shall apportion the number so fixed to the Provinces of Canterbury and York in a proportion of sixty eight to thirty two or as nearly as possible thereto and shall divide the number among the dioceses so that the number of members to be elected by the several dioceses are as nearly as possible proportionate to the total number of names certified for them under the following paragraph.]
[F17(3)]The secretary of each diocesan synod shall, not later than the first day of August in the fourth year after the last preceding election of the House of Laity, certify to the secretary of the General Synod the total number of names on the rolls of the parishes of the diocese . . . F18
[F17(4)]The number of members of the House of Laity to be elected by each diocese, when fixed by the General Synod as aforesaid, shall forthwith be certified to the secretaries of the diocesan synods.
[F17(5)]If the General Synod is at any time dissolved before the fourth year after the last preceding election of the House of Laity or before the fixing of numbers under this rule by the General Synod during that year, the General Synod or the Presidents thereof may give directions with respect to the fixing and certifying of the numbers of members to be elected to the House of Laity by each diocese, and the directions may provide that the numbers so fixed and certified on the last previous occasion shall be deemed to have been fixed and certified for the purpose of the election following the dissolution, and the directions may, if the dissolution is known to be impending, be given before it occurs.
Textual Amendments
F14Sch. 3 rule 36 (originally 30) renumbered (1.1.1995) by S.I. 1994/3118, para. 34.
F15Rule 30(1)(1A) substituted for rule 30(1) by S.I. 1984/1039, para. 21
F16Words in Sch. 3 rule 30 para. (1) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F17Sch. 3 rule 36 paras. (2)-(5) (originally (1A)-(4)) renumbered (1.1.1995) by S.I. 1994/3118, para. 34(a).
F18Words repealed by S.I. 1973/1865, para. 18
[F1937][F20(1)Subject to the provisions of rule 1(3) and of F21. . . [F22paragraph (2)] of this rule, a lay person shall be qualified for election for any diocese by the diocesan electors of the diocese if—
(a)he is an actual communicant F23. . . [F24as defined in rule 54(1)],
(b)he is of eighteen years of age on the date of the dissolution of the General Synod;
(c)his name is at 6.00 a.m. on the date of dissolution of the General Synod entered on the roll of any parish in the diocese or who at any time within the period of two months beginning one month immediately before that date is declared by the dean of the cathedral church to be a habitual worshipper at that cathedral church.]
F25(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F26[F27(2)]A person shall be disqualified from being nominated for election as a member of the General Synod if he holds any paid office or employment appointment to which is or may be made or confirmed by the General Synod, the Convocations, the Central Board of Finance, the Chucrch 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.]
[F28[F29(3)]Where a diocese is divided into two or more areas in accordance with rule [F3038(2)], any person who under this rule is qualified for election for the diocese shall be qualified for election for any such area whether or not the parish on whose roll his name is entered, or the cathedral church at which he is a habitual worshipper, is situated in that area, but no person shall be nominated for more than one such area at the same time.]
Textual Amendments
F19Sch. 3 rule 37 (originally 31) renumbered (1.1.1995) by S.I. 1994/3118, para. 34.
F20Rule 31(1) substituted by S.I. 1984/1039, para. 22(1)
F21Words in Sch. 3 rule 37 para. 1 omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 34(b).
F22Words in Sch. 3 rule 37 para. (1) inserted (1.1.1995) by S.I. 1994/3118, para. 34(b).
F23Words in Sch. 3 rule 37 para. (1)(a) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 34(b).
F24Words in Sch. 3 rule 37 para. (1)(a) inserted (1.1.1995) by S.I. 1994/3118, para. 34(b).
F25Sch. 3 rule 37 para. (1A) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 35.
F26Rule 31(1B) inserted by S.I. 1984/1039, para. 22(3)
F27Sch. 3 rule 37 para. (2) (originally (1B)) renumbered (1.1.1995) by S.I. 1994/3118, paras. 35, 63, Sch.
F28Rule 31(2) inserted by S.I. 1973/1865, para. 19(3)
F29Sch. 3 rule 37 para. (3) (originally (2)) renumbered (1.1.1995) by S.I. 1994/3118 para. 35
F30Words in Sch. 3 rule 37 para. (2) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
[F3138](1)Subject to any division of a diocese under this rule every diocese shall be an electoral area for the purposes of elections to the House of Laity.E
(2)So far as is consistent with any rule made under the Standing Orders of the General Synod under [F32rule 39(8)][F33and subject to paragraph (3) of this rule] a diocesan synod may, for the purposes of any election, divide a diocese into two or more areas, and apportion the number of members of the House of Laity to be elected for the diocese among such areas, and the election shall be conducted in each area as if such area were a separate diocese. Where a diocese is so divided, a diocesan elector who is a representative of the laity shall vote in the area to which the body by which he was elected belongs, and a diocesan elector who is not a representative of the laity shall vote in such area as the diocesan synod may decide. Any such division shall remain in force until it is revoked by the diocesan synod.
[F34(3)If a diocesan synod decides to divide the diocese into two or more areas in pursuance of this rule the division shall be made in such manner that the number of members to be elected in any such area will be not less than three.]
Textual Amendments
F31Sch. 3 rule 38 (originally 32) renumbered (1.1.1995) by S.I. 1994/3118, para. 36.
F32Words in Sch. 3 rule 38 para. (2) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.
F33Words inserted by S.I. 1973/1865, para. 21(1).
F34Rule 32(3) added by S.I. 1973/1865, para. 20(1).
[F3539](1)Subject to any directions by the General Synod or the Presidents thereof, elections to the House of Laity shall be carried out during the three months immediately following any dissolution of the General Synod and shall be so carried out in each each diocese during such period within the said three months as shall be fixed by the archbishops of Canterbury and York.
(2)The presiding officer in each diocese or each area of a diocese shall be the registrar of the diocese or a person appointed by him [F36with the approval of the registrar of the province], except that, if the said registrar is a candidate in the election, the presiding officer shall be a person appointed by the registrar of the province. The expenses of the elections shall be paid out of diocesan funds.
F37(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F38(3)On receipt of the names and addresses of the qualified electors from the diocesan electoral registration officer the presiding officer shall ensure that in respect of the election—
(i)those persons are sent or given nomination papers; and
(ii)only such persons are sent or given voting papers at the address entered against their names in the register of electors.
The presiding officer shall also send nomination papers to any other person who requests them.]
F39(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F40(4)Every candidate must be nominated and seconded by diocesan electors qualified to vote in the area in which the candidate is seeking to be elected. All nominations shall be in writing, shall include the year of the candidate’s birth and shall be delivered either by post, by facsimile transmission or in person to the presiding officer of the area, together with evidence of the candidate’s consent to serve, within such period, being a period of not less than twenty-eight days ending on a date specified by the presiding officer, provided that where a nomination paper has been sent by facsimile transmission the name of the candidate shall not appear on the voting paper unless the original nomination paper has been received by the presiding officer within three days of the closing date for nominations.
(5)It shall be the duty of the presiding officer—
(a)to scrutinise nomination papers as soon as they have been lodged and he shall, without delay, inform the candidate concerned whether the nomination is valid.Where the nomination is invalid the presiding officer shall give his reasons for so ruling and if, by the close of the nomination period, no valid nomination is received, the candidate shall be excluded from the election;
(b)to supply free of charge to a duly nominated candidate in the election one copy of the names and addresses of the qualified electors within seven days of receiving his written request.
(6)If any of the candidates so request the presiding officer shall despatch to every elector election addresses from those candidates being not more than one sheet of A4 paper. Sufficient copies of the addresses shall be provided by the candidates at their own expense and be delivered to the presiding officer by such date as he shall determine being not less than seven days after the close of nominations. The presiding officer shall be under no obligation to despatch to electors election addresses which are received after the due date or which are not in the prescribed form.
(7)It shall be the duty of the presiding officer in any election under these rules to seek to ensure that during the period beginning with the date on which nominations are invited and ending on the last date for the return of voting papers, no papers or other literature except election addresses prepared by the candidates under paragraph 6 of this rule shall be circulated to the electors by him or by or under authority of the diocesan synod or the deanery synod or distributed at a synod meeting which in his opinion are likely to prejudice the election. The rural dean and the lay chairman and secretary of the deanery synod shall also be under a duty to seek to ensure that during the election period no papers or other literature form part of an official circulation or are distributed at a synod meeting which in the opinion of any of them are likely to prejudice the election.
(8)Subject to rule 51, if more candidates are nominated for any area than there are seats to be filled, the election shall be conducted by voting papers by the method of the single transferable vote under rules to be made from time to time as provided by the Standing Orders of the General Synod.Every voting paper, which shall include the year of birth of each candidate, shall be marked and signed on the reverse thereof by the elector and shall be returnable to the presiding officer within such period, being a period of not less than twenty-one days after the date on which the voting paper is issued, as that officer may specify, provided that a voting paper sent by facscimile transmission shall not be counted as a valid vote.
(9)A candidate or a person nominated by him has the right to be present at the counting of the votes in order to scrutinise the count but shall take no part in it. The presiding officer shall give not less than seven days notice in writing to each candidate of the time and place at which the votes are to be counted.
(10)Where within seven days of a count being completed the presiding officer is of the opinion that a recount should take place because of a possible irregularity or inaccuracy in the count, he may, with the concurrence of the registrar of the province, order such a recount and shall give notice in writing to each candidate of the time and place at which the votes are to be recounted.
(11)A full return of the result of any election and of the result sheet shall be sent by the presiding officer within four working days of the declaration of the result to every candidate in the election and to the Secretary General of the General Synod who shall cause it to be examined by an election scrutineer appointed by the Standing Committee of the General Synod. The scrutineer shall have power within ten days of the declaration of the result to order a recount of the voting papers if in his opinion this might be material to the result of the election.
(12)The result sheet shall be publicly displayed in the diocesan office in such manner as the bishop may approve and at the General Synod office until the end of the first group of sessions of the new Synod as the Secretary General may direct.]
[F41[F42(13)]The presiding officer in each area shall ensure that the valid voting papers received by him for the purposes of any election to the House of Laity are preserved for a period of not less than two years beginning with the date of the election.]
Textual Amendments
F35Sch. 3 rule 39 (originally 33) renumbered (1.1.1995) by S.I. 1994/3118, para. 36.
F36Words inserted by S.I. 1973/1865, para. 20(1).
F37Sch. 3 rule 39 para. (2A) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 36.
F38Sch. 3 rule 39 para. (3) inserted (1.1.1995) by S.I. 1994/3118, para.36.
F39Sch. 3 rule 39 paras. (3)-(6B) expressed to be omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 37.
F40Sch. 3 rule 39 paras. (4)-(12) inserted (1.1.1995) by S.I. 1994/3118, para. 37.
F41Rule 33(7) added by S.I. 1973/1865, para. 21(5).
F42Sch. 3 rule 39 para. (13) (originally (7)) renumbered (1.1.1995) by S.I. 1994/3118, para. 37.
[F43[F4440](1)Rules defining the duties to be undertaken by the presiding officers in connection with elections to the House of Laity shall be prepared by the provincial registrars acting jointly, but no such rules shall have effect unless approved by the Standing Committee of the General Synod.
(2)A presiding officer shall be entitled to such fees for the performance by him of the duties aforesaid as may be specified in any order for the time being in force made under F45. . . [F46the Ecclesiastical Fees Measure 1986]; and where with the prior agreement in writing of the bishop’s council and standing committee the presiding officer or any other person performs any other duties in connection with elections to the House of Laity he shall be entitled to such fees as may be specified in the agreement.]
Textual Amendments
F43Rule 33A added by S.I. 1973/1865, para. 22
F44Sch. 3 rule 40 (originally 33A) renumbered (1.1.1995) by S.I. 1994/3118, para. 38.
F45Words in Sch. 3 rule 40 para. (2) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 38.
F46Words in Sch. 3 rule 40 para. (2) inserted (1.1.1995) by S.I. 1994/3118, para. 38.
Textual Amendments
F47Sch. 3 rule 41 title omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 38.
F48Words in Sch. 3 rule 41 title inserted (1.1.1995) by S.I. 1994/3118, para. 38.
[F4941]EThe term of office of elected members of the House of Laity and of members chosen by the lay members of religious communities shall be for the lifetime of the General Synod for which they are elected or chosen, but without prejudice to their acting under Article 3(4) of the Constitution during the period of the dissolution of the General Synod F50. . . [F51or to their continuing to be]ex-officio members of other bodies constituted under these rules during that period.
Textual Amendments
F49Sch. 3 rule 41 (originally 34) renumbered (1.1.1995) by S.I. 1994/3118, para. 38.
F50Words in Sch. 3 rule 41 omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 38.
F51Words in Sch. 3 rule 41 inserted (1.1.1995) by S.I. 1994/3118, para. 38.
[F5242](1)The following persons, if they are not in Holy Orders, shall be ex-officio members of the House of Laity;—
(a)the Dean of the Arches and Auditor;
[F53(b)the Vicar-General of the Province of Canterbury;]
[F54(c)]the Vicar-General of the Province of York;
[F54(d)]the three Church Estate Commissioners;
[F54(e)]the Chairman of the Central Board of Finance.
[F55(f) the Chairman of the Church of England Pensions Board.]
(2)The House of Laity shall have power to co-opt persons who are F56. . . [F57actual lay communicants]of [F58eighteen years or upwards] to be members of the House of Laity:
Provided that:—
(a)the co-opted members shall not at any time exceed five in number; and,
(b)no person shall be qualified to become a co-opted member unless not less than two-thirds of the members of the Standing Committee of the House of Laity shall have first consented to his being co-opted, either at a meeting of the Standing Committee or in writing.
(3)Except in regard to their appointment, the ex-officio and co-opted members shall have the same rights and be subject to the same rules and regulations as elected members:
. . . F59
[F60Where such members are on more than one electoral roll, they shall choose the parochial church of which they are to be a member.]
(4)Co-opted members shall continue to be members of the House of Laity until the next dissolution of the General Synod, but without prejudice to their acting under Article 3(4) of the Constitution during the period of the dissolution [F61or to their continuing to be ex-officio members of other bodies constituted under these rules during that period:]
Provided that the House of Laity may, in the case of any co-opted member, fix a shorter period of membership.
(5)The House of Laity may make standing orders for regulating the procedure of and incidental to the appointment of co-opted members and otherwise for carrying this rule into effect.
Textual Amendments
F52Sch. 3 rule 42 (originally 35) renumbered (1.1.1995) by S.I. 1994/3118, para. 39.
F53Rule 35(1)(b) inserted by S.I. 1973/1865, para. 23(1).
F54Rule 35(1)(c)(d)(e) (originally (1)(b)(c)(d)) re-lettered by S.I. 1973/1865, para. 23(1).
F55Sch. 3 rule 42 para. (1)(f) inserted (1.1.1995) by S.I. 1994/3118, para. 39(a).
F56Words in Sch. 3 rule 42 para. (2) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 39(b).
F57Words in Sch. 3 rule 42 para. (2) inserted (1.1.1995) by S.I. 1994/3118, para. 39(b).
F58Words substituted by S.I. 1973/1865, para. 23(2).
F59Rule 35(3) proviso repealed by S.I. 1984/1039, para. 24.
F60Words inserted by S.I. 1983/1039, para. 24.
F61Words in Sch. 3 rule 42 para. (4) inserted (1.1.1995) by S.I. 1994/3118, para. 40.