Search Legislation

Synodical Government Measure 1969

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

Synodical Government Measure 1969, PART 6 is up to date with all changes known to be in force on or before 10 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Measure associated Parts and Chapters:

Whole provisions yet to be inserted into this Measure (including any effects on those provisions):

[F1PART 6EAppeals

Textual Amendments

Enrolment appealsE

57(1)A person who is refused enrolment on the roll of a parish or the register of clerical or lay electors may appeal against the refusal.E

(2)A person whose name is removed from the roll of a parish or the register of clerical or lay electors may appeal against the removal.

(3)A person whose name is entered on the roll of a parish or the register of clerical or lay electors and who objects to the enrolment of another person on, or to the removal of another person's name from, the roll or register may appeal against the enrolment or removal.

(4)Notice of an appeal under this Rule—

(a)must be in writing,F2...

(b)must give brief particulars of the grounds of the appeal[F3, and

(c)may be accompanied by written submissions]

(5)Notice of an appeal under this Rule relating to the roll of a parish must be given to the lay chair of the deanery synod.

(6)Notice of an appeal under this Rule relating to the register of lay electors must be given to the chair of the house of laity of the diocesan synod.

(7)Notice of an appeal under this Rule relating to the register of clerical electors must be given to the chair of the house of clergy of the diocesan synod.

(8)Notice of an appeal under this Rule must be given no later than 14 days after—

(a)the date of the notification of the refusal, removal or enrolment concerned,

(b)if the appeal arises from a revision of the roll of a parish or the creation of a new roll for a parish, the day on which the revised or new roll is published under Rule 5 or 8, or

(c)if the appeal arises from the creation or revision of a register of clerical or lay electors, the end of the period for which the register is made available for inspection under Rule 39(6).

Textual Amendments

F2Word in Sch. 3 rule 57(4)(a) omitted (15.7.2020) by virtue of The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 2(1)(a)

Enrolment appeals: referral and representations etc.E

[F457A.(1)Where notice of an appeal under Rule 57 is given, the person to whom it is given must without delay (and in any event within 48 hours of receiving it unless the appellant has in the meantime given written notice to withdraw the appeal)—

(a)refer the notice to the bishop’s council and standing committee,

(b)in the case of an appeal under Rule 57(3), give a written notification to the person to whose enrolment or removal from the roll or register the objection is made, and

(c)give a written notification to each person who made a decision to which the appeal relates.

(2)Where a purported notice of an appeal under Rule 57 is given out of time, the person to whom it is given must without delay (and in any event within 48 hours of receiving it unless the appellant has in the meantime given written notice to withdraw the appeal)—

(a)refer the purported notice of appeal to the bishop’s council and standing committee, and

(b)give a written notification to each person referred to in paragraph (1)(b) and (c).

(3)An appeal under Rule 57 is to be dealt with in accordance with Rules 61B to 61G and 61I.

(4)A person to whom a notification is given under paragraph (1)(b) is entitled to make written representations to the panel appointed under Rule 61C(1) on a decision to which the appeal relates.

(5)A person to whom a notification is given under paragraph (1)(c) is entitled to provide that panel with a written explanation of the reasons for the decision which that person made.

(6)Representations under paragraph (4) or an explanation under paragraph (5) must be made within 28 days of referral of the notice of appeal.

(7)A person to whom a notification is given under paragraph (2)(b) is entitled to make written representations to the panel appointed under Rule 61C(2) on the question of whether the panel should consider the appeal.

(8)Representations under paragraph (7) must be made within seven days of the notification under paragraph (2)(b) being given.

(9)A notification under paragraph (1)(b) or (c) or (2)(b) must include an explanation of the entitlement to make representations or an explanation (as the case may be).

(10)A reference in this Part to an “enrolment appeal” is a reference to an appeal under Rule 57.]

Textual Amendments

Election appealsE

[F558(1)An appeal may be made against a determination that a nomination of a candidate for a relevant election is not valid on the grounds that the nomination is valid and that the person should, accordingly, be included as a candidate for the election.E

(2)An appeal may be made against a determination that a nomination of a candidate for a relevant election is valid on the grounds that the nomination is not valid and that the person should, accordingly, not be included as a candidate for the election.

(3)An appeal under paragraph (1) or (2) may be brought only by an elector in the election.

(4)In this Rule, “relevant election”—

(a)means an election under these Rules or to a body constituted in accordance with these Rules, but

(b)does not include an election to the House of Laity of the General Synod.

(5)In a case where a choice of persons is, or is to be, made under these Rules (rather than an election being held), this Rule and the subsequent Rules in this Part apply to the choice as they apply to an election; and the references to elections are to be read accordingly.

Textual Amendments

F5Sch. 3 rules 58, 58A substituted for Sch. 3 rule 58 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 3(1)

Election appealsE

58A.(1)An appeal may be made against the result of a relevant election on the grounds that a person whose election is the subject of the appeal—

(a)was not duly elected,

(b)was not qualified to be a candidate at the time of the election, or

(c)before the end of the period for voting, misrepresented a material fact in connection with the election.

(2)An appeal may be made against the result of a relevant election on the grounds that the conduct of the election was such as to affect the outcome of the election.

(3)An appeal may be made against the result of a relevant election on the grounds that—

(a)it has been determined on an enrolment appeal that an error was made in the roll of a parish or the register of clerical or lay electors or the question is awaiting determination on an enrolment appeal, and

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

(4)An appeal may be made against the result of a relevant election on the grounds that a vote which was allowed should have been disallowed, or that a vote which was disallowed should have been allowed, but only if the allowance or disallowance of the vote would or might be material to the result of the election.

(5)An appeal may not be brought under paragraph (1)(b) if—

(a)the grounds of the appeal are to the effect that the nomination of the person whose election is the subject of the appeal was not valid, and

(b)an appeal on grounds to that effect was brought under Rule 58(2) before the election.

(6)An appeal under this Rule may be brought by—

(a)a candidate in the election,

(b)a person entitled to vote in the election, or

(c)the chair of the house of laity of the diocesan synod (where the appeal relates to laity) or the chair of the house of clergy (where the appeal relates to clergy).

(7)On an appeal under this Rule, a person who was declared elected but whose election is or may be affected by the appeal is to be regarded for all purposes as elected pending the determination of the appeal.

(8)In this Rule, “relevant election”—

(a)means an election held (or purporting to be held) under these Rules or an election to a body constituted in accordance with these Rules, but

(b)does not include an election to the House of Laity of the General Synod.]

Textual Amendments

F5Sch. 3 rules 58, 58A substituted for Sch. 3 rule 58 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 3(1)

Election appeals: power to make rules for House of Laity of General SynodE

59[F6(1)The General Synod must make rules providing for—E

(a)a right of appeal relating to a person’s eligibility to vote in an election to the House of Laity of the General Synod for the purposes of Rule 46(1)(c) or (f) (religious communities and Armed Forces Synod);

(b)a right of appeal against a determination of whether a nomination of a candidate for election to that House is valid;

(c)a right of appeal against the result of an election to that House.]

(2)The rules may provide that, on an appeal arising out of an election to the House of Laity, a person who was declared elected but whose election is or may be affected by the appeal is to be regarded for all purposes as a member of that House pending the determination of the appeal.

[F7(2A)The rules may include provision as to the payment of expenses incurred by the person who determines an appeal under the rules.]

(3)The rules may—

(a)make different provision for different cases;

(b)make provision which applies generally or for specified cases or subject to specified exceptions;

(c)make supplementary, transitional or saving provision;

(d)make provision which confers a discretion on a person.

(4)The rules may apply a provision of this Part of these Rules with or without modifications.

(5)The rules are to be made in accordance with the Standing Orders of the General Synod.

Election appeals: appeal proceduresE

[F859A.(1)Each of the following appeals (referred to in this Part as a “summary election appeal”) is to be dealt with in accordance with Rules 60 to 60C and 61I—

(a)an appeal under Rule 58(1) or (2) (validity of nomination);

(b)an appeal under Rule 58A(1)(a) or (b) (whether person duly elected or qualified to be candidate);

(c)an appeal under Rule 58A(4) (allowance or disallowance of vote).

(2)Each of the following appeals (referred to in this Part as a “full election appeal”) is to be dealt with in accordance with Rules 61 to 61F, 61H and 61I—

(a)an appeal under Rule 58A(1)(c) (misrepresentation of material fact);

(b)an appeal under Rule 58A(2) (conduct of election);

(c)an appeal under Rule 58A(3) (error in church electoral roll or register of clerical or lay electors).]

Textual Amendments

Referral of appeal to bishop's council and standing committeeE

[F9Summary election appeal: noticeE

Textual Amendments

F9Sch. 3 rules 60-60C substituted for Sch. 3 rule 60 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 6

60(1)Notice of a summary election appeal—E

(a)must be in writing,

(b)must give brief particulars of the grounds of appeal, and

(c)may be accompanied by written submissions.

(2)Notice of a summary election appeal must be given to the presiding officer for the election.

(3)Notice of an appeal under Rule 58(1) (appeal against ruling that nomination not valid) must be given no later than two days after the day on which the person to whom the nomination relates is notified of the ruling that the nomination is not valid.

(4)Notice of an appeal under Rule 58(2) (appeal against ruling that nomination valid) brought by a person entitled to vote in the election (including one who is a candidate) must be given no later than two days after the day on which the person receives a voting paper for the election.

(5)Notice of an appeal under Rule 58A(1)(a) or (b) (appeal relating to whether person duly elected or qualified to be candidate) must be given no later than two days after the day on which the result of the election is declared.

(6)Notice of an appeal under Rule 58A(4) (appeal against allowance or disallowance of vote) must be given no later than two days after—

(a)the day on which the vote in question is allowed or disallowed, or

(b)if the appeal is being brought on grounds that there is an error in the roll of a parish or the register of clerical or lay electors but an enrolment appeal has yet to be determined, the day on which that appeal is determined.

Textual Amendments

F9Sch. 3 rules 60-60C substituted for Sch. 3 rule 60 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 6

Modifications etc. (not altering text)

C1Sch. 3 rules 60-60C applied by 2001 No. 1, s. 5A(9) (as inserted (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 10(3))

Summary election appeal: referral to relevant judge, etc.E

60A.(1)The presiding officer for an election, having received notice of a summary election appeal, must without delay (and in any event within 48 hours of receiving the notice of appeal unless in the meantime written notice is given to withdraw the appeal)—

(a)refer the notice of appeal to the relevant judge,

(b)give a written notification to each candidate in the election,

(c)if any decision to which the appeal relates was made by a person other than the presiding officer, give a written notification to that person, and

(d)in the case of an appeal under Rule 58(1) or (2), give a written notification to the person whose nomination is the subject of the appeal.

(2)A person to whom a notification is given under paragraph (1)(b) or (d) is entitled to make written representations to the relevant judge on a decision to which the appeal relates.

(3)The presiding officer is entitled to provide the relevant judge with a written explanation of the reasons for any decision made by the officer to which the appeal relates.

(4)A person to whom a notification is given under paragraph (1)(c) is entitled to provide the relevant judge with a written explanation of the reasons for the decision which that person made.

(5)Representations under paragraph (2) or an explanation under paragraph (3) or (4) must be made within seven days of the referral of the notice of appeal.

(6)A notification under paragraph (1)(b), (c) or (d) must include an explanation of the entitlement to make representations or an explanation (as the case may be).

(7)The “relevant judge” is—

(a)the Dean of the Arches and Auditor, or

(b)if the Dean of the Arches and Auditor declines or is unable to act as such, the Vicar-General of the Province of Canterbury or the Vicar-General of the Province of York, or

(c)if each of them declines or is unable to act as such, the chancellor of the diocese concerned.

Textual Amendments

F9Sch. 3 rules 60-60C substituted for Sch. 3 rule 60 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 6

Summary election appeal: partiesE

60B.(1)On a summary election appeal, each of the following is a party to the appeal (in addition to the appellant)—

(a)the presiding officer;

(b)any person to whom a notification is given under Rule 60A(1)(c);

(c)each relevant person.

(2)Each of the following is a relevant person—

(a)on an appeal under Rule 58(1) or (2), the person whose nomination is the subject of the appeal;

(b)on an appeal under Rule 58A(1)(a) or (b), the person whose election is the subject of the appeal;

(c)on an appeal under Rule 58A(4), any person to whom a notification is given under Rule 60A(1)(b).

Textual Amendments

F9Sch. 3 rules 60-60C substituted for Sch. 3 rule 60 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 6

Summary election appeal: determinationE

60C.(1)The relevant judge (referred to in this Rule as “the judge”), having had a notice of appeal referred under Rule 60A(1), must decide whether the grounds of the appeal are established to the judge’s satisfaction.

(2)The judge, in deciding the matter at issue, may consider only—

(a)the notice of appeal and any accompanying written submissions, and

(b)any representations or explanation made in accordance with Rule 60A(5).

(3)A decision under this Rule must be made within seven days of the referral of the notice of appeal.

(4)Where the judge decides on an appeal under Rule 58(1) that a nomination is valid, or decides on an appeal under Rule 58(2) that a nomination is not valid, the judge must—

(a)give directions for the appointment of a new period for voting in the election, and

(b)give whatever further directions the judge thinks necessary.

(5)Where, on an appeal under Rule 58A(1)(a) or (b) or (4), the judge decides that the election as a whole is void, the judge must—

(a)direct that a fresh election is to be held, and

(b)give whatever further directions the judge thinks necessary.

(6)Where, on an appeal under Rule 58A(1)(a) or (b) or (4), the judge allows the appeal but does not decide that the election as a whole is void, the judge must give whatever directions the judge thinks necessary.

(7)The judge on a summary appeal must otherwise decide one of the following—

(a)that the matter at issue amounts to a minor infringement which did not affect the outcome of the election and the appeal should accordingly be dismissed;

(b)that the matter at issue amounts to a procedural irregularity in the conduct of the election but the appeal should nonetheless in all the circumstances be dismissed;

(c)that the appeal is wholly without merit and should accordingly be dismissed.]

Textual Amendments

F9Sch. 3 rules 60-60C substituted for Sch. 3 rule 60 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 6

Determination of appealE

[F10Full election appeal: notice of appealE

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Full election appeal: notice of appealE

61.(1)Notice of a full election appeal—

(a)must be in writing,

(b)must give brief particulars of the grounds of appeal, and

(c)may be accompanied by written submissions.

(2)Notice of a full election appeal must be given to the presiding officer for the election.

(3)Notice of an appeal under Rule 58A(1)(c) or (2) must be given no later than 14 days after the day on which the result of the election is declared.

(4)Notice of an appeal under Rule 58A(3) must be given no later than 14 days after—

(a)the day on which the result of the election is declared, or

(b)if an enrolment appeal has yet to be determined, the day on which that appeal is determined.

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Modifications etc. (not altering text)

C2Sch. 3 rules 61-61I applied by 2001 No. 1, s. 5A(10) (as inserted (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 10(3))

Full election appeal: referral to bishop’s council and standing committeeE

61A.(1)Where notice of a full election appeal is given, the person to whom it is given must without delay (and in any event within 48 hours of receiving it unless in the meantime written notice is given to withdraw the appeal)—

(a)give a written notification to each candidate in the election,

(b)if any decision to which the appeal relates was made by a person other than the presiding officer, give a written notification to that person, and

(c)refer the notice to the bishop’s council and standing committee.

(2)Where a purported notice of a full election appeal is given out of time, the person to whom it is given must without delay (and in any event within 48 hours of receiving it unless in the meantime written notice is given to withdraw the appeal)—

(a)give a written notification to each person referred to in paragraph (1)(a) and (b), and

(b)refer the purported notice to the bishop’s council and standing committee.

(3)A person to whom a notification is given under paragraph (1)(a) is entitled to make written representations to the panel appointed under Rule 61C(1) on a decision to which the appeal relates.

(4)The presiding officer is entitled to provide that panel with a written explanation of the reasons for any decision made by the officer to which the appeal relates.

(5)A person to whom a notification is given under paragraph (1)(b) is entitled to provide that panel with a written explanation of the reasons for the decision which that person made.

(6)Representations under paragraph (3) or an explanation under paragraph (4) or (5) must be made within 28 days of referral of the notice of appeal.

(7)The presiding officer and any person to whom a notification is given under paragraph (2)(a) are each entitled to make written representations to the panel appointed under Rule 61C(2) on the question of whether the panel should consider the appeal.

(8)Representations under paragraph (7) must be made within seven days of the notification under paragraph (2)(a) being given.

(9)A notification under paragraph (1)(a) or (b) or (2)(a) must include an explanation of the entitlement to make representations or an explanation (as the case may be).

(10)Once a notice is referred under this Rule, the appellant may withdraw it only with the consent of the panel appointed under Rule 61C to decide the matter.

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Enrolment appeal or full election appeal: partiesE

61B.(1)On an enrolment appeal, each of the following is a party to the appeal (in addition to the appellant)—

(a)the person to whom the notice of appeal is given;

(b)any person to whom a notification is given under Rule 57A(1)(c);

(c)on any appeal under Rule 57(3), the person to whose enrolment or removal from the roll or register the objection is made.

(2)On a full election appeal, each of the following is a party to the appeal (in addition to the appellant)—

(a)the presiding officer;

(b)any person to whom a notification is given under Rule 61A(1)(b);

(c)each relevant person.

(3)Each of the following is a relevant person—

(a)on an appeal under Rule 58A(1)(c), the person whose election is the subject of the appeal;

(b)on an appeal under Rule 58A(2) or (3), any person to whom a notification is given under Rule 61A(1)(a).

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Enrolment appeal or full election appeal: appointment of panelE

61C.(1)The bishop’s council and standing committee, on receiving a referral under Rule 57A(1) or 61A(1), must appoint a Chair and two other persons to serve as a panel to consider the appeal.

(2)The bishop’s council and standing committee, on receiving a referral under Rule 57A(2) or 61A(2), must appoint a Chair and two other persons to serve as a panel to decide whether, even though the purported notice of appeal was given out of time, the panel will nonetheless consider the appeal.

(3)In making the appointments under this Rule, the bishop’s council and standing committee must be satisfied that the persons appointed, taken together, have suitable legal or other experience or expertise.

(4)A person may not be appointed under this Rule if the person might have a benefit from the outcome of the election.

(5)Appointments under this Rule must be made before the end of 28 days beginning with the day on which the notice of appeal is given under Rule 57 or 61.

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Enrolment appeal or full election appeal: preliminary assessmentE

61D.(1)A panel appointed under Rule 61C(1) must conduct a preliminary assessment of the appeal.

(2)A preliminary assessment of an appeal is an assessment as to whether there are arguable grounds of appeal; and, in conducting a preliminary assessment, the panel may consider only—

(a)the notice of appeal and any accompanying written submissions, and

(b)any representations or explanation made in accordance with Rule 57A(6) or 61A(6).

(3)If the panel considers that there are arguable grounds of appeal, the appeal stands referred to the panel for—

(a)in the case of an enrolment appeal, consideration and determination under Rules 61F and 61G;

(b)in the case of a full election appeal, consideration and determination under Rules 61F and 61H.

(4)If the panel considers that there are no arguable grounds of appeal, the appeal is dismissed.

(5)The panel’s decision on the preliminary assessment is final.

(6)The panel must give a written notification to the parties to the appeal of the decision on the preliminary assessment of the appeal and the reasons for the decision.

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Enrolment appeal or full election appeal: appeal out of timeE

61E.(1)A panel appointed under Rule 61C(2) may decide to consider the appeal only if, having regard to all the circumstances, it is satisfied that there is a good reason to allow the appeal to proceed.

(2)The matters which the panel considers in making that decision must include—

(a)the purported notice of appeal and any accompanying written submissions (whether on the question of why notice of appeal was not given within the required period or on any other point), and

(b)any representations made in accordance with Rule 57A(8) or 61A(8).

(3)Where the panel decides to consider the appeal—

(a)the period under Rule 57 or 61 for giving notice of appeal in that case is to be treated as having been extended so far as necessary,

(b)the appeal is to be treated as having been referred to the panel for decision, and

(c)the panel must ensure that each notification required under Rule 57A(1)(b) or (c) or 61A(a) or (b) is given to the person concerned (and, once that has been done, Rule 57A(4) to (6) and (9) or Rule 61A(3) to (6) and (9) applies in relation to the notification).

(4)Where the panel has decided to consider the appeal and the period for making representations in accordance with Rule 57A(6) or 61A(6) has expired, the panel may proceed to conduct a preliminary assessment of the appeal under Rule 61D.

(5)The panel must give a written notification to the parties to the appeal of the decision on whether the panel will consider the appeal and the reasons for the decision.

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Enrolment appeal or full election appeal: consideration of matters at issueE

61F.(1)The panel to which an enrolment appeal or a full election appeal is referred must, in deciding the matter at issue, consider all the circumstances; and for that purpose the panel—

(a)may inspect documents or other papers relating to the subject-matter of the appeal, and

(b)is entitled to be provided with such information relating to the appeal as the panel may require.

(2)The panel must give each party to the appeal an opportunity—

(a)to appear before the panel in person or by a legal or other representative, or

(b)if that party does not wish to take that opportunity, to make written representations on the matter at issue.

(3)A hearing under paragraph (2) is to be held in public unless the panel, having regard to all the circumstances, is satisfied that it would be in the interests of justice for the hearing to be held in private.

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Enrolment appeal: determinationE

61G.(1)On an enrolment appeal, the panel must decide whether the grounds of appeal are established to the panel’s satisfaction.

(2)Where the panel allows the appeal, it must—

(a)direct that the roll of the parish or the register of clerical or lay electors is to be revised as the panel specifies, and

(b)give whatever further directions the panel thinks necessary.

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Full election appeal: determinationE

61H.(1)On a full election appeal, the panel must decide whether the grounds of appeal are established to the panel’s satisfaction.

(2)Where the panel decides that the election as a whole is void, it must—

(a)direct that a fresh election is to be held, and

(b)give whatever further directions the panel thinks necessary.

(3)Where the panel allows the appeal but does not decide that the election as a whole is void, it must give whatever directions it thinks necessary.

(4)The panel on a full election appeal must otherwise decide one of the following—

(a)that the matter at issue amounts to a minor infringement which did not affect the outcome of the election and the appeal should accordingly be dismissed;

(b)that the matter at issue amounts to a procedural irregularity in the conduct of the election but the appeal should nonetheless in all the circumstances be dismissed;

(c)that the appeal is wholly without merit and should accordingly be dismissed.]]

Textual Amendments

F10Sch. 3 rules 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

Appeals: generalE

[F1161I.(1)The decision on an appeal under this Part is final as to the matters at issue.

(2)The relevant judge or the panel which made the decision on an appeal under this Part must give a written notification to the parties to the appeal of the decision and the reasons for the decision.

(3)Where the direction that a fresh election is to be held is given under Rule 60C(5)(a) or 61H(2)(a), the date on which the direction is given is the date on which a casual vacancy occurs for the purposes of these Rules.

(4)The relevant judge or the panel on an appeal under this Part may direct that a party to the appeal must pay the whole or part of the expenses of the relevant judge or the panel; and a direction under this paragraph must specify the amount which the party must pay.

(5)The diocesan board of finance must pay the reasonable expenses of the relevant judge or the panel, in so far as they are not paid under paragraph (4).]

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 3 rule 61I applied by 2001 No. 1, s. 5A(9) (as inserted (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 10(3))

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.