Synodical Government Measure 1969

Section 4.

[F1SCHEDULE 3E Church Representation Rules

PART 1EChurch electoral roll

Compilation of the rollE

1(1)In every parish there must be a church electoral roll (referred to in these Rules as “the roll”) on which the names of lay persons are entered in accordance with this Part of these Rules.E

(2)A lay person is entitled to have his or her name on the roll of a parish if he or she—

(a)is baptised,

(b)is aged 16 or over (but see paragraph (7)),

(c)has made one of the following three declarations, and

(d)has duly applied for enrolment on Form 1.

(3)The first declaration is a declaration that the person—

(a)is a member of the Church of England or of a Church in communion with it, and

(b)is resident in the parish.

(4)The second declaration is a declaration that the person—

(a)is a member of the Church of England or of a Church in communion with it,

(b)is not resident in the parish, but

(c)has habitually attended public worship in the parish during the preceding six months.

(5)The third declaration is a declaration that the person—

(a)is a member in good standing of a Church which is not in communion with the Church of England but subscribes to the doctrine of the Holy Trinity,

(b)is also a member of the Church of England, and

(c)has habitually attended public worship in the parish during the preceding six months.

(6)A person who is entitled under this Rule to have his or her name on the roll of more than one parish is entitled to have his or her name on the roll of each of those parishes; but the following provisions specify purposes for which the person is required to choose one of those parishes—

(a)Rule 16(2) (membership of the house of laity of a deanery synod);

(b)Rule 33(6) (additional members of diocesan synod nominated by bishop);

(c)Rule 36(4) (eligibility for election to diocesan synod);

(d)Rule 50(8) (eligibility for election by diocesan electors);

(e)Rule M8(2) (eligibility for election as parochial representative of laity);

(f)Rule M15(6) or (7) (membership of PCC).

(7)Where a lay person, who is going to become 16 after a revision of the roll or the preparation of a new roll is complete but before the date of the annual parochial church meeting, duly applies for enrolment on Form 1, the enrolment may take effect on the person's 16th birthday.

(8)The roll of a parish must be kept and revised—

(a)by the PCC, or

(b)by the electoral roll officer under the direction of the PCC.

(9)Where a new parish is created by a pastoral scheme by the union of two or more former parishes, the roll of the new parish is in the first instance to consist of the rolls of the former parishes combined to form a single roll.

(10)In any other case where a new parish is created by a pastoral scheme, the roll of the new parish is in the first instance to consist of the name of every person who—

(a)on the date when the new parish comes into existence, has his or her name on the roll of a parish the whole or part of which forms part of the new parish, and

(b)is resident in the new parish or has habitually attended public worship there.

(11)The roll of a parish must, where practicable, specify the address of every person whose name is on it; but a failure to specify an address does not affect the validity of the entry.

(12)Where a person has provided an email address on Form 1, the roll must specify that email address.

(13)A copy of the roll of a parish must be made available for inspection, on a reasonable request being made to the PCC; and the copy made available for inspection must include every name entered on the roll but no other personal data.

Additions to the rollE

2(1)The name of a person who is entitled to have his or her name on the roll of a parish must, subject to these Rules, be added to the roll.E

(2)If additions are made to the roll, the electoral roll officer must report them at the next meeting of the PCC.

(3)A list of the names added, but no other personal data, must be made available for inspection, on a reasonable request being made to the PCC.

Revision of the roll: noticeE

3(1)The roll of a parish must be revised annually, except in a year in which a new roll is prepared (as to which, see Rules 6 and 7).E

(2)Notice of the proposed revision must be given on Form 2 and displayed by or under the direction of the minister—

(a)in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b)in the case of each building in the parish licensed for public worship, in a location readily visible to members of the congregation.

(3)The notice under paragraph (2) must remain on display for at least 14 days before the proposed revision begins.

(4)In a case where the minister is absent or incapacitated by illness or for some other reason or where there is nobody who is the minister within the meaning of these Rules (see Rule 83(1)), the minister's function under this Rule is to be carried out by—

(a)the vice-chair of the PCC, or

(b)if there is not a vice-chair or the vice-chair is unable or unwilling to act, the secretary of the PCC or some other person appointed by the PCC.

Revision of the roll: preparationE

4(1)On each revision of the roll of a parish—E

(a)every addition to the roll since the previous revision (or, if there has not yet been a revision of the roll, since the formation of the roll) must be reviewed and any further additions must be made as necessary, and

(b)a person's name must be removed from the roll in each of the following cases.

(2)The first case is where the person has died.

(3)The second case is where the person has become a clerk in Holy Orders.

(4)The third case is where the person has stated in writing the wish to have his or her name removed.

(5)The fourth case is where the person was not entitled to have his or her name entered on the roll at the time it was entered.

(6)The fifth case is where the person—

(a)has ceased to reside in the parish,

(b)has not continued to habitually attend public worship in the parish during any period of six months, and

(c)has not been prevented from doing so by illness or other sufficient cause.

(7)The sixth case is where the person—

(a)is not resident in the parish,

(b)has not habitually attended public worship in the parish during the preceding six months, and

(c)has not been prevented from doing so by illness or other sufficient cause.

(8)The name of a person must not be removed from the roll in the fourth, fifth or sixth case unless the PCC has taken reasonable steps to establish the relevant facts.

(9)The removal of a person's name from the roll under these Rules does not affect any right the person may have, or may acquire, to have his or her name entered again.

(10)The revision of the roll of a parish must be completed at least 15 days, but no more than 28 days, before the annual parochial church meeting.

Publication of revised rollE

5(1)After the completion of a revision of the roll of a parish under Rule 4, the PCC must—E

(a)publish the roll in such form (whether electronic or otherwise) as it decides, and

(b)make a copy of the roll available for inspection, on a reasonable request being made.

(2)The period for which the revised roll is published under paragraph (1)(a) must be at least 14 days.

(3)The roll as published, and the copy made available for inspection, must include every name entered on the roll but no other personal data.

(4)A name may not be added to or removed from the roll between the completion of the revision of the roll and the conclusion of the annual parochial church meeting, except in so far as is necessary—

(a)to correct an omission or other error, or

(b)for complying with Rule 1(2)(b) and (7) (persons becoming 16).

Preparation of new roll: noticeE

6(1)Notice that a new roll for a parish is to be prepared must be given on Form 3 and displayed by or under the direction of the minister—E

(a)in the case of the parish church or, where there is more than one church in the parish, each of those churches, on or near the principal door, and

(b)in the case of a building in the parish licensed for public worship, in a location readily visible to members of the congregation.

(2)The notice under paragraph (1)—

(a)must be put on display at least two months before the annual parochial church meeting in every sixth year beginning with 2025, and

(b)must remain on display for at least 14 days.

(3)The preparation of a new roll for a parish—

(a)must not begin before the date on which the notice is displayed under paragraph (1), and

(b)must be completed at least 15 days, but no more than 28 days, before the annual parochial church meeting.

(4)At every service held on each of the two Sundays in the period of 14 days beginning with the date on which the notice is displayed under paragraph (1), the person conducting the service must inform the congregation of the preparation of the new roll.

(5)In the case of a church in which no service is held on either of the two Sundays in that period, at every service held on the first Sunday after the date on which the notice is displayed under paragraph (1), the person conducting the service must inform the congregation of the preparation of the new roll.

(6)In a case where the minister is absent or incapacitated by illness or for some other reason or where there is nobody who is the minister within the meaning of these Rules (see Rule 83(1)), the minister's function under this Rule is to be carried out by—

(a)the vice-chair of the PCC, or

(b)if there is not a vice-chair or the vice-chair is unable or unwilling to act, the secretary of the PCC or some other person appointed by the PCC.

Preparation of new roll: processE

7(1)The PCC of each parish must take reasonable steps to inform every person whose name is on the roll of the parish—E

(a)that a new roll is being prepared, and

(b)that, if the person wishes to have his or her name entered on the new roll, the person must apply for enrolment.

(2)The duty under paragraph (1) does not apply in the case of a person whose name would be removed under Rule 4 if the roll were being revised; but before deciding that a person comes within the fourth, fifth or sixth case under that Rule, the PCC must take reasonable steps to establish the relevant facts.

(3)On the preparation of a new roll, the name of each person who is entitled to have his or her name entered under Rule 1 must be entered on the roll; and a fresh application on Form 1 is required from each person whose name is already on the roll.

(4)A person whose name is already on the roll is not disqualified from having his or her name on the new roll merely because he or she has not complied with the condition in Rule 1(4)(c) or (5)(c) (habitual attendance at public worship), if the person was prevented from doing so by illness or other sufficient cause.

(5)In a case where paragraph (4) applies, the application on Form 1 must briefly state why the person did not comply with the condition in question.

Publication of new rollE

8(1)After the completion of a new roll under Rule 7, the PCC must—E

(a)publish the roll in such form (whether electronic or otherwise) as it decides, and

(b)make a copy of the roll available for inspection, on a reasonable request being made.

(2)The period for which the new roll is published under paragraph (1)(a) must be at least 14 days.

(3)The roll as published, and the copy made available for inspection, must include every name entered on the roll but no other personal data.

(4)A name may not be added to or removed from the roll in the 14 days beginning with the day on which the roll is published under paragraph (1)(a), except in so far as is necessary—

(a)to correct an omission or other error, or

(b)for complying with Rule 1(2)(b) and (7) (persons becoming 16).

(5)The new roll takes effect on its publication under this Rule (at which point the previous roll ceases to have effect).

Boundary changesE

9(1)On an alteration of the boundaries of parishes, the PCC of each parish from which an area is transferred must ask each person resident in that area whose name is on the roll of the parish whether the person wishes to have his or her name transferred to the roll of the other parish.E

(2)Where a person answers in the affirmative—

(a)the PCC must remove the person's name from the roll for its parish and inform the PCC of the parish in which the person now resides, and

(b)the PCC of that parish must enter the person's name on its roll without requiring him or her to apply for enrolment.

Notification of number on rollE

10EThe chair, vice-chair, secretary or electoral roll officer of a PCC must, no later than 1 July in each year, give the secretary of the diocesan synod written notification of the number of names there are on the roll of the parish as at the date of the annual parochial church meeting.

PART 2EParish governance

Model RulesE

11EThe Rules in Part 9 apply to each parish.

Scheme for amendmentE

12(1)The annual parochial church meeting or a special parochial church meeting may make a scheme to amend or supplement, or to replace (either as a whole or in part), the Rules in Part 9 in so far as they apply to that parish.E

(2)A scheme under this Rule may not make provision which would disapply or suspend or restrict the application of—

(a)Rule M8(4) to (8) (disqualification from nomination to be parochial representative);

(b)Rule M13 (special parochial meeting);

(c)Rule M14 (extraordinary parochial meeting);

(d)Rule M15(2) and (3) (PCC: laity must outnumber clergy);

(e)Rule M15(13) (PCC: disqualification from membership);

(f)Rule M27(2) (PCC quorate only if majority present lay);

(g)Rule M36 (district church council: disqualification from membership);

(h)Rule M41 (joint council: disqualification from membership);

(i)Rule M42(5) (joint council: laity must outnumber clergy).

Procedure for making schemeE

13(1)A scheme under Rule 12 is valid only if it is approved by at least two-thirds of the persons present and voting at the meeting.E

(2)A scheme approved under paragraph (1) must be referred to the bishop's council and standing committee and must be accompanied by—

(a)a copy of the resolution of the meeting at which the scheme was approved, and

(b)a statement of the number of persons attending the meeting, the number voting for approval of the scheme and the number voting against.

(3)The bishop's council and standing committee, having had a scheme referred to it under paragraph (2), may—

(a)approve the scheme without amendment,

(b)approve the scheme subject to proposed amendments, or

(c)decline to approve the scheme.

(4)The bishop's council and standing committee may approve a scheme only if it is satisfied that the scheme—

(a)makes due provision for the representation of the laity of the parish,

(b)ensures effective governance of the parish,

(c)entitles the minister to chair the annual parochial church meeting and the PCC, and

(d)makes due provision for the allocation of property, rights, liabilities and functions to the PCC in circumstances where there is a scheme for the establishment of a joint council but the parish—

(i)ceases to be connected to the other parish or parishes to which the scheme applies (see Rule M37(4)), or

(ii)is dissolved by a pastoral scheme which makes provision under section 31(1)(b) of the Mission and Pastoral Measure 2011.

(5)An amendment proposed under paragraph (3)(b) is passed only if it is approved by at least two-thirds of the persons present and voting at the annual parochial church meeting or a special parochial church meeting.

(6)A scheme under Rule 12 does not come into operation unless it has been approved by the bishop's council and standing committee.

(7)A scheme under Rule 12 comes into operation on the day specified in the scheme.

(8)Where a scheme under Rule 12 is approved under this Rule, a copy of the scheme—

(a)must be filed in the diocesan registry, and

(b)must be sent to the secretary of the bishop's council and standing committee.

PART 3EDeanery synods

CompositionE

14EA deanery synod consists of—

(a)a house of clergy, and

(b)a house of laity.

House of clergyE

15(1)The members of the house of clergy of a deanery synod are every clerk in Holy Orders—E

(a)who is beneficed in or licensed to a parish in the deanery,

(b)who is licensed under section 2 of the Extra-Parochial Ministry Measure 1967 in respect of an institution in the deanery,

(c)who is a clerical member of the General Synod or a diocesan synod and is resident in the deanery,

(d)who is resident in the deanery and licensed by the bishop to work throughout the diocese or in more than one deanery and is not subject to a direction under Rule 17 to be a member of another deanery synod,

(e)who is not resident in the deanery but is subject to a direction under Rule 17 to be a member of the deanery synod,

(f)who holds permission to officiate, is resident in the deanery or has habitually attended public worship in the deanery during the preceding six months, and is elected or chosen as mentioned in paragraph (2),

(g)who is co-opted under Rule 18, or

(h)who is made a member by virtue of a scheme under Rule 23 or 24 (cathedrals, royal peculiars, mission initiatives).

(2)One clerk who is eligible for membership under paragraph (1)(f) is to be elected or chosen—

(a)for every ten clerks of that description, and

(b)where the number of such clerks is not divisible by ten without fraction or remainder, for the fraction or remainder.

(3)The election or choice under paragraph (2) is made by and from the clerks who are eligible for membership under paragraph (1)(f) in such manner as the bishop may approve.

(4)As soon as possible after 31 December in the year before an election of the parochial representatives of the laity to the deanery synod, the rural dean of the deanery must inform the bishop of the number of clerks in Holy Orders who are eligible for membership under paragraph (1)(f).

(5)A member of a deanery synod under paragraph (1)(f)—

(a)is elected or chosen every three years, and

(b)holds office for a term of three years beginning with the next 1 July following the date when the election or choice takes place.

House of laityE

16(1)The members of the house of laity of a deanery synod are—E

(a)each parochial representative elected to the deanery synod by the annual parochial church meeting of each parish in the deanery,

(b)any lay member of the General Synod or a diocesan synod whose name is on the roll of a parish in the deanery,

(c)each deaconess or lay worker who is licensed by the bishop to work in the whole or part of the deanery,

(d)any deaconess or lay worker who is resident in the deanery and licensed by the bishop to work throughout the diocese or in more than one deanery and is not subject to a direction under Rule 17 to be a member of another deanery synod,

(e)any deaconess or lay worker who is not resident in the deanery but is subject to a direction under Rule 17 to be a member of the deanery synod,

(f)if the bishop considers that a community in the deanery which is in the spiritual care of a chaplain licensed by the bishop should be represented in the house of laity, one lay person chosen by and from the members of the community in such manner as the bishop approves,

(g)any lay person who is co-opted under Rule 18, and

(h)any lay person who is made a member by virtue of a scheme under Rule 23 or 24 (cathedrals, royal peculiars, mission initiatives).

(2)Where a person's name is on the roll of more than one parish, the person must choose one of the parishes concerned for the purposes of paragraph (1)(a) or (b).

(3)A person is eligible for membership of a deanery synod under paragraph (1)(f) only if the person is an actual communicant and is aged 16 or over.

(4)The person who is the member of a deanery synod under paragraph (1)(f)—

(a)is chosen every three years, and

(b)holds office for a term of three years beginning with the next 1 July following the date when the choice is made.

Direction to join a different deanery synodE

17(1)A clerk in Holy Orders, deaconess or lay worker who resides in the deanery and is licensed by the bishop to work throughout the diocese or in more than one deanery may be given a direction—E

(a)not to be a member of the deanery synod for the deanery in which he or she resides, but

(b)instead to be a member of the deanery synod specified in the direction.

(2)A direction under this Rule may be given to a clerk in Holy Orders only by the clerical members of the bishop's council and standing committee; and, when doing so, they must have regard to the number of parochial and non-parochial clergy in the deanery in which the clerk resides.

(3)A direction under this Rule may be given to a deaconess or lay worker only by the lay members of the bishop's council and standing committee; and, when doing so, they must have regard to the number of deaconesses in the deanery in which the deaconess resides or (as the case may be) the number of lay workers in the deanery in which the lay worker resides.

(4)A person may not, as a result of a direction under this Rule, be a member of more than one deanery synod in the same diocese.

(5)A direction under this Rule may provide for—

(a)a specified category of clerks, deaconesses or lay workers (as the case may be) to choose some of their number to be members, and

(b)the term of office of a person so chosen.

Co-optionE

18(1)The house of clergy of a deanery synod may co-opt as additional members other clerks in Holy Orders.E

(2)The house of laity of a deanery synod may co-opt as additional members other lay persons who are actual communicants aged 16 or over.

(3)The number of persons co-opted to a house under this Rule must not exceed either 5% of the total number of members of that house or three, whichever is greater.

(4)The term of office of a person co-opted under this Rule is (subject to termination or resignation) for the lifetime of the deanery synod; but that does not prevent the person from being co-opted on one or more subsequent occasions.

Election of parochial representativesE

19(1)The parochial representatives of the laity on a deanery synod—E

(a)are elected every three years beginning with 2020 by the annual parochial church meeting of each parish in the deanery, and

(b)hold office for a term of three years beginning with the next 1 July following the date of their election.

(2)The number of representatives to be elected from each parish is determined by a resolution of the diocesan synod no later than 31 December in the year preceding the elections.

(3)A diocesan synod may calculate the number of representatives from a parish for the purposes of paragraph (2)—

(a)by reference to the number of names on the roll of the parish specified in the notification under Rule 10,

(b)by reference to the number of parish churches or districts in the parish, or

(c)by a combination of both those methods.

(4)The secretary of a diocesan synod must, no later than 31 December in the year preceding the elections—

(a)certify to the secretary of each PCC the number of parochial representatives to be elected at the annual parochial church meeting of the parish, and

(b)give the secretary of each deanery synod a copy of each certificate given under sub-paragraph (a) and information relating to each parish in the deanery.

List of members to be given to diocesan electoral registration officerE

20(1)The secretary of each deanery synod must, after the election of the parochial representatives of the laity to the synod but no later than the next following 1 July, give the diocesan electoral registration officer (see Rule 27)—E

(a)a list of the names and addresses of the members of the house of clergy of that synod, specifying for each member the category of membership under Rule 15(1), and

(b)a list of the names and addresses of the members of the house of laity of that synod, specifying for each member the category of membership under Rule 16(1).

(2)If a person is co-opted to either house of a deanery synod under Rule 18, the secretary of the synod must give the diocesan electoral registration officer the name and address of the person.

(3)The secretary of each deanery synod must give the diocesan electoral registration officer details of any subsequent changes to the membership of the house of clergy or the house of laity of that synod.

Number of membersE

21(1)A diocesan synod must exercise its powers under this Part of these Rules so as to secure that the total number of members of each deanery synod in the diocese is—E

(a)no more than 150 (subject to paragraph (2)), and

(b)so far as practicable, no less than 50.

(2)The figure of 150 given in paragraph (1)(a) may be exceeded in order—

(a)to secure that the house of laity has at least as many members as the house of clergy has, or

(b)to enable the operation of a scheme under Rule 23 or 24 which was made since the most recent resolution passed under Rule 19(2).

(3)For the avoidance of doubt, the figure of 150 given in paragraph (1)(a) includes the maximum number of persons who may be co-opted as members of either house.

Scheme for variation of membershipE

22(1)A diocesan synod may make a scheme to vary the preceding provisions of this Part of these Rules that relate to the membership of deanery synods so as both—E

(a)to meet the special circumstances of the diocese or the deaneries, and

(b)to secure better representation of clergy or laity or both on the deanery synods.

(2)Where a scheme under this Rule has effect, the preceding provisions of this Part of these Rules, in so far as they apply to each deanery synod concerned, have effect subject to the scheme.

Scheme for representation for cathedrals and royal peculiarsE

23(1)In the case of the cathedral church of each diocese (other than the cathedral church of Christ in Oxford, as to which see paragraph (2)) or, where a diocese has more than one cathedral church, each of them, the diocesan synod must make a scheme to provide for the representation on a deanery synod of—E

(a)the dean, the residentiary canons and other ministers (or any of them), and

(b)unless the cathedral church is a parish church, every lay person whose name is on the community roll.

(2)In the case of Westminster Abbey, St. George's Chapel, Windsor and the cathedral church of Christ in Oxford, the diocesan synod in each case must make a scheme to provide for the representation on a deanery synod of—

(a)the dean, the residentiary canons and other ministers (or any of them), and

(b)every lay person whom the dean has declared to be a habitual worshipper and whose name is not on the roll of a parish.

(3)A scheme under this Rule must include provision for determining the deanery synod or synods to which it applies.

Scheme for representation for mission initiativesE

24(1)Where a bishop's mission order is in force, a diocesan synod must, at the direction of the bishop or bishops who made the order, make a scheme to provide for the representation on a deanery synod of such of the persons to whom the order relates as are specified in or under the scheme.E

(2)The Code of Practice under section 84 of the Mission and Pastoral Measure 2011 (mission initiatives) must include guidance as to the exercise of functions under this Rule.

(3)The bishop or bishops, in giving a direction under paragraph (1), and the diocesan synod, in making a scheme under this Rule, must have regard to—

(a)the need to make due provision for the representation of the worshipping community involved in the mission initiative,

(b)the governance of the initiative (which may, for example, take the form of a charitable body of some kind), and

(c)the guidance referred to in paragraph (2).

(4)A scheme under this Rule must include provision for determining the deanery synod or synods to which it applies.

Schemes: approvalE

25(1)A copy of a proposed scheme under Rule 22, 23 or 24 must be given to each member of the diocesan synod at least 14 days before the meeting at which it is to be considered for approval.E

(2)A proposed scheme under Rule 22 is approved by the diocesan synod only if—

(a)the house of bishops approves it,

(b)in the house of clergy, it is approved by at least two-thirds of the members present and voting, and

(c)in the house of laity, it is approved by at least two-thirds of the members present and voting.

(3)A proposed scheme under Rule 22 which is approved by the diocesan synod must be laid before the General Synod.

(4)If a member of the General Synod gives notice in accordance with its Standing Orders that the member wishes a proposed scheme under Rule 22 to be debated, the scheme does not come into operation unless it is approved by the General Synod.

(5)If a proposed scheme under Rule 22 is approved by the General Synod or no notice such as is mentioned in paragraph (4) is given, the scheme comes into operation—

(a)on the day after the end of the group of sessions during which it was laid before, or approved by, the Synod, or

(b)on such later date as the scheme may specify.

ProcedureE

26(1)A diocesan synod must make rules for the deanery synods in the diocese.E

(2)The rules must include provision—

(a)for the rural dean and a member of the house of laity of the deanery synod elected by that house to be the joint chairs;

(b)for the joint chairs to decide between themselves who is to chair each meeting or particular items of business on the agenda;

(c)for there to be a secretary;

(d)for a specified minimum number of meetings to be held in each year;

(e)for decisions to be taken by a majority of members present and voting, except where the rules require there to be a vote by houses;

(f)for there to be a standing committee, the membership and functions of which are provided for by the rules;

(g)for a report of the deanery synod's proceedings to be given to every PCC in the deanery.

(3)The rules may include provision for such other matters consistent with the provision required by paragraph (2) as the diocesan synod decides.

(4)The provision which may be made under paragraph (3) includes provision to impose a maximum period for which a person may serve as an officer, or as a member of the standing committee, of a deanery synod in the diocese.

(5)The provision which may be so made also includes provision to enable the lay chair of each deanery synod in the diocese to continue to hold office as such until the election of his or her successor as chair.

(6)Subject to the rules, a deanery synod may determine its own procedure.

(7)“Lay chair”, in relation to a deanery synod, means the member of the house of laity of the deanery synod who, by virtue of paragraph (2)(a), is one of the two joint chairs of the synod.

Diocesan electoral registration officerE

27(1)In each diocese, a diocesan electoral registration officer is appointed by the bishop's council and standing committee of the diocesan synod.E

(2)The diocesan electoral registration officer must [F2, subject to paragraph (4),] record in a register the name and address of every member of the house of clergy of each deanery synod in the diocese (the “register of clerical electors”).

(3)The diocesan electoral registration officer must [F3, subject to paragraph (4),] record in a register (separate from the register of clerical electors) the name and address of every member of the house of laity of each deanery synod in the diocese (the “register of lay electors”).

[F4(4)Persons co-opted as members of the house of clergy or the house of laity of a deanery synod are not to be recorded in the register concerned.]

(5)Where a member of the house of clergy or the house of laity of a deanery synod has provided the diocesan electoral registration officer with an email address, the address recorded for that member in the register must include that email address.

[F5Mission initiative rollE

27A.(1)Where a direction is given under Rule 24(1), the leader of the mission initiative must establish and maintain a roll (a “mission initiative roll”) on which the names of lay persons are entered in accordance with this Rule.E

(2)A person is eligible to have his or her name on a mission initiative roll if he or she—

(a)is baptised,

(b)is aged 16 or over, and

(c)has made a written application to have his or her name on the roll.

(3)An application under paragraph (2)(c) must include a declaration that the applicant—

(a)either is a member of the Church of England or a Church in communion with it or is a member in good standing of a Church which is not in communion with the Church of England but which subscribes to the doctrine of the Holy Trinity, and

(b)has habitually attended public worship as part of the worshipping community involved in the initiative during the preceding six months.

(4)A person who is eligible to have his or her name on more than one mission initiative roll is entitled to have his or her name on each of the mission initiative rolls concerned.

(5)In the case of a mission initiative which is in more than one diocese, the function of giving a direction under paragraph (1) is exercisable by the diocesan bishops concerned acting jointly.

(6)Where a direction was given under rule 29A of the Old Rules, the duty under paragraph (1) of this Rule to maintain a mission initiative roll applies to the roll established under that rule; and a reference in Rules 27B to 27D to a mission initiative roll includes a reference to any mission initiative roll so established.

(7)In paragraph (6), “the Old Rules” means these Rules as set out in this Schedule in the form it took immediately before the commencement of Schedule 1 to the Church Representation and Ministers Measure 2019.

Additions to and revision of mission initiative rollE

27B.(1)The name of a person who is eligible to have his or her name on a mission initiative roll must be added to the roll.E

(2)A mission initiative roll must be revised by the leader of the mission initiative no later than 30 May in each year.

(3)On each revision of a mission initiative roll—

(a)every addition to the roll since the previous revision (or, if there has not yet been a revision of the roll, since the establishment of the roll) must be reviewed and any further additions must be made as necessary, and

(b)a person’s name must be removed from the roll in each of the following cases.

(4)The first case is where the person has died.

(5)The second case is where the person has become a clerk in Holy Orders.

(6)The third case is where the person has stated in writing the wish to have his or her name removed.

(7)The fourth case is where the person was not entitled to have his or her name entered on the roll at the time it was entered.

(8)The fifth case is where the person—

(a)has not habitually attended public worship as part of the worshipping community involved in the initiative during the preceding six months, and

(b)has not been prevented from doing so by illness or other sufficient cause.

Preparation of new mission initiative rollE

27C.(1)The leader of a mission initiative must, no later than 30 May in every sixth year beginning with 2025, prepare a new mission initiative roll.E

(2)On the preparation of a new mission initiative roll, the name of each person who is eligible to have his or her name entered under rule 27A must be entered on the roll; and a fresh application, which must include the declaration under rule 27A(3), is required from each person who is already on the roll.

(3)A person whose name is already on a mission initiative roll is not disqualified from having his or her name on the new roll merely because he or she has not complied with the condition in rule 27A(3)(b), if the person was prevented from doing so by illness or other sufficient cause.

(4)In a case where paragraph (3) applies, the application must briefly state why the person did not comply with that condition.

Notification of number on mission initiative rollE

27D.EThe leader of a mission initiative must, no later than 1 July in each year, give the secretary of the diocesan synod written notification of the number of names there are on the mission initiative roll as at 30 May in that year.]

Casual vacanciesE

28(1)A casual vacancy among the parochial representatives elected to a deanery synod must be filled as soon as practicable after the vacancy occurs.E

(2)Where the annual parochial church meeting is not due to be held within the two months following the occurrence of the vacancy, the vacancy must be filled by the election by the PCC of a person who is qualified to be elected as a parochial representative.

(3)An election to fill a casual vacancy among the parochial representatives elected to a deanery synod is, where possible, to be held at a time which will enable all casual vacancies among the parochial representatives so elected to have been filled by the time of the next election to the House of Laity of the General Synod; but no such election is invalid merely because such a casual vacancy is not filled.

(4)The secretary of a PCC must give a return of a parochial representative of the laity elected to fill a casual vacancy on the deanery synod—

(a)to the diocesan electoral registration officer, and

(b)to the secretary of the deanery synod.

PART 4EDiocesan synods

MembershipE

CompositionE

29(1)A diocesan synod consists of—E

(a)a house of bishops,

(b)a house of clergy, and

(c)a house of laity.

(2)The bishop of the diocese is the president of the diocesan synod.

House of bishopsE

30EThe members of the house of bishops of a diocesan synod are—

(a)the bishop of the diocese,

(b)each suffragan bishop of the diocese, and

(c)such other persons in episcopal orders who work in the diocese as the bishop of the diocese may nominate with the agreement of the archbishop of the province.

House of clergyE

31(1)The ex officio members of the house of clergy of a diocesan synod are—E

(a)the dean of the cathedral church of the diocese or, where the diocese has more than one cathedral church, the dean of each of them,

(b)the archdeacon of each archdeaconry in the diocese,

(c)each proctor elected from the diocese or from a university or theological education institution in the diocese to the Lower House of Convocation of the province,

(d)any other member of the Lower House of Convocation of the province who resides in the diocese, being either an ex officio or co-opted member of that House or a person chosen by and from the clerical members of the religious communities in the province,

(e)the chancellor of the diocese (if in Holy Orders),

(f)the chair of the diocesan board of finance (if in Holy Orders),

(g)the chair of the diocesan board of education (if in Holy Orders), and

(h)the chair of the diocesan advisory committee (if in Holy Orders).

(2)The other members of the house of clergy of a diocesan synod are—

(a)any clerk in Holy Orders nominated by the bishop under Rule 33,

(b)each person elected by the house of clergy of each deanery synod in the diocese in accordance with Rules 35 to 42, and

(c)no more than five other persons, each of whom must be a clerk in Holy Orders and co-opted as a member by the house of clergy of the diocesan synod.

(3)The reference in paragraph (1)(a) to the dean of the cathedral church of a diocese includes—

(a)in the case of the diocese of London, a reference to the Dean of Westminster;

(b)in the case of the diocese of Oxford, a reference to the Dean of Windsor;

(c)in the case of the diocese of Winchester, a reference to the Deans of Jersey and Guernsey.

(4)For the purposes of paragraph (1)(c)—

(a)each institution which is a member of the University of London is to be treated as a separate university wholly in the diocese in which its main site is situated, and

(b)any other university or theological education institution which is situated in more than one diocese is to be treated as being wholly in the diocese in which its main site is situated.

House of laityE

32(1)The ex officio members of the house of laity of a diocesan synod are—E

(a)each person elected from the diocese as a member of the House of Laity of the General Synod,

(b)any other member of the House of Laity of the General Synod who resides in the diocese, being either an ex officio or co-opted member of that House or a lay person chosen by and from the religious communities in the province,

(c)the chancellor of the diocese (if not in Holy Orders),

(d)the chair of the diocesan board of finance (if not in Holy Orders),

(e)the chair of the diocesan board of education (if not in Holy Orders), and

(f)the chair of the diocesan advisory committee (if not in Holy Orders).

(2)The other members of the house of laity of a diocesan synod are—

(a)any lay person nominated by the bishop under Rule 33,

(b)each person elected by the house of laity of each deanery synod in the diocese in accordance with Rules 35 to 42, and

(c)no more than five other persons, each of whom must be an actual communicant aged 16 or over and co-opted as a member by the house of laity of the diocesan synod.

Power of bishop to nominate membersE

33(1)The bishop of a diocese may nominate up to ten additional members of the diocesan synod.E

(2)A clerk in Holy Orders who is nominated under this Rule becomes a member of the house of clergy of the diocesan synod.

(3)A lay person who is nominated under this Rule becomes a member of the house of laity of the diocesan synod.

(4)A person who becomes a member of a diocesan synod under this Rule has the same rights, and is subject to the same requirements, as an elected member.

(5)Where a person nominated under this Rule is eligible under Rule 15 or 16 for membership of more than one deanery synod, the bishop's council and standing committee must designate the deanery synod of which the person is to be a member.

(6)Where a person nominated under this Rule is a lay person who is on the roll of more than one parish, the person must choose the PCC of which he or she is to be a member.

Restrictions on membershipE

34(1)A person may not be a member of more than one diocesan synod at the same time unless the person is—E

(a)the chancellor of the diocese, or

(b)if a parish in the diocese has passed a resolution under the House of Bishops' Declaration on the Ministry of Bishops and Priests of 19 May 2014, a suffragan bishop chosen by the bishop of the diocese to undertake ministry in respect of that parish.

(2)The registrar of a diocese and any deputy registrar are each disqualified from—

(a)standing for election to the diocesan synod,

(b)being nominated or co-opted as a member, and

(c)being an ex officio member.

Election of membersE

TimingE

35(1)Every three years beginning with 2021, the house of clergy and the house of laity of each deanery synod in a diocese must elect the members of the diocesan synod.E

(2)The elections must be completed by 15 July; and accordingly the bishop of the diocese—

(a)must fix the timetable and date for each election, and

(b)must ensure that the secretary of each deanery synod is informed.

(3)An elected member holds office for a term of three years beginning with the next 1 August following the election.

EligibilityE

36(1)A clerk in Holy Orders who is a member of a deanery synod is qualified for election by the house of clergy of that deanery synod as a member of the diocesan synod.E

(2)A clerk in Holy Orders may not stand for election by more than one deanery synod.

(3)A lay person is qualified for election by the house of laity of a deanery synod as a member of the diocesan synod if the person is an actual communicant aged 16 or over—

(a)whose name is on the roll of a parish in the deanery,

(b)whose name is on the community roll of a cathedral church in the deanery which is not a parish church,

(c)who, in a case where the area of the deanery includes Westminster Abbey, St. George's Chapel, Windsor or the cathedral church of Christ in Oxford, is declared by the dean to be a habitual worshipper, or

(d)who is declared by the leader of a mission initiative in the deanery to be part of the worshipping community involved in the initiative.

(4)A person whose name is on the roll of more than one parish must choose one of the parishes concerned for the purposes of paragraph (3)(a).

(5)A person who is part of the worshipping community involved in a mission initiative which is in more than one deanery, or who is part of the worshipping community involved in mission initiatives in different deaneries, must choose one of the deaneries concerned for the purposes of paragraph (3)(d).

NumbersE

37(1)A diocesan synod must, no later than 31 December in the year before an election of its members, determine for each house of each deanery synod in the diocese the number of members to be elected by that house.E

(2)In the case of an election by the house of clergy of a deanery synod, the number of members to be elected—

(a)must relate to the number of members of the house, and

(b)must be at least two.

(3)In the case of an election by the house of laity of a deanery synod, the number of members to be elected—

(a)must relate to the number of names on the roll of each parish in the deanery as notified under Rule 10, and

(b)must be at least two.

(4)The secretary of each deanery synod must, no later than 1 July in the year before an election of the members of the diocesan synod, certify to the secretary of the diocesan synod the number of members of the house of clergy of that deanery synod as at 31 May.

(5)When exercising its functions under this Rule, a diocesan synod must act so as to ensure—

(a)that the number of members of the synod is between 100 and 270, and

(b)that the number of members of the house of clergy and the number of members of the house of laity are approximately equal.

(6)For the avoidance of doubt, the figure of 270 given in paragraph (5)(a) includes the maximum number of persons who may either be co-opted or be nominated by the bishop.

(7)The secretary of each diocesan synod must, no later than 31 December in the year before an election of its members, certify to the secretary of each deanery synod in the diocese the numbers determined under this Rule for each house of that synod.

Presiding officersE

38(1)The bishop of a diocese must appoint the presiding officers for an election of members of the diocesan synod.E

(2)A person may not be appointed as a presiding officer for an election by a house of which that person is a member.

(3)The expenses of the elections are to be paid out of diocesan funds.

Qualified electorsE

39(1)A person is a qualified elector in an election of members of a diocesan synod if the person's name and address is, as at 6.00 a.m. on the day on which nomination papers for the election are issued under Rule 40—E

(a)in the case of an election by the house of clergy of a deanery synod in the diocese, recorded in the register of clerical electors, or

(b)in the case of an election by the house of laity of a deanery synod in the diocese, recorded in the register of lay electors.

(2)But a member of either house who has been co-opted under Rule 18 is not a qualified elector in an election of members of the diocesan synod.

(3)The diocesan electoral registration officer must, at least 21 days before nomination papers are issued under Rule 40, give the secretary of each deanery synod in the diocese—

(a)a copy of the names and addresses recorded in the register of clerical electors, and

(b)a copy of those recorded in the register of lay electors.

(4)The secretary of each deanery synod must, within seven days of receiving the copy names and addresses, provide the diocesan electoral registration officer with—

(a)if the names and addresses are correct, a certificate in writing to that effect, and

(b)if they are not correct, a notification in writing of the corrections required.

(5)The diocesan electoral registration officer must, no later than seven days before nomination papers are issued under Rule 40, give a copy of the names and addresses (with whatever corrections are required having been made) to the presiding officer in the election.

(6)The register of clerical electors and the register of lay electors must be available for inspection at the diocesan office during the period beginning with the issue of nomination papers under Rule 40 and ending with the close of nominations.

(7)Each of the registers must, in the form in which it is made available for inspection, include the name of each elector but no other personal data.

(8)Corrections to either register may be made up until the close of nominations; but after the close of nominations, no names may be added to or removed from either register until the declaration of the result of the election.

NominationE

40(1)A candidate for election to the house of clergy of a diocesan synod must be nominated by two qualified electors, each of whom is a member of the house of clergy of the deanery synod to which the candidate belongs.E

(2)A candidate for election to the house of laity of a diocesan synod must be nominated by two qualified electors, each of whom is a member of the house of laity of the deanery synod to which the candidate belongs.

(3)The presiding officer for the election must ensure that each qualified elector is given a notice of election in Form 4 and a nomination paper in Form 5; and the manner in which the Forms are to be given is—

(a)if the elector has notified the diocesan electoral registration officer that he or she wishes to use email for that purpose, by email to the address notified;

(b)otherwise, by post to the address recorded for that elector in the register of clerical or lay electors or in person.

(4)A nomination paper must be accompanied by a statement signed by the candidate—

(a)that he or she is willing to serve if elected, and

(b)if the candidate so wishes, setting out in no more than 100 words a factual statement for circulation with the voting papers of his or her professional qualifications, present office and relevant past experience.

(5)A nomination paper and the accompanying statement under paragraph (4) are to be given to the presiding officer; and the manner in which they are to be given is (subject to Rule 42(7))—

(a)if the elector has notified the diocesan electoral registration officer that he or she wishes to use email for that purpose, by email from the address notified, with the nomination paper and accompanying statement each being in the form of a scanned copy of the original or such other electronic form as the presiding officer may authorise, or

(b)otherwise, by post or in person.

(6)The presiding officer must, in accordance with the timetable fixed by the bishop under Rule 35(2)(a), determine the period within which nomination papers and the accompanying statements are to be lodged with him or her; and the period so determined must be at least 21 days, subject to that timetable.

(7)Where a nomination paper or accompanying statement is sent by email, the presiding officer may require the elector to provide the original before the end of three days after the end of the period determined under paragraph (6).

(8)The presiding officer must—

(a)scrutinise each nomination paper as soon as it is lodged, and

(b)without delay, inform the candidate [F6and each of the persons who nominated the candidate] whether the nomination is valid.

(9)If the presiding officer rules that a nomination is not valid, the officer [F7must give the candidate and each of the persons who nominated the candidate the reasons for the ruling when informing each of them of it under paragraph (8)(b)].

(10)A person is not included as a candidate for an election to a diocesan synod if the presiding officer has not received a valid nomination for that person—

(a)by the end of the period determined under paragraph (6), except in so far as there is a requirement under paragraph (7) to be complied with, and

(b)in so far as there is such a requirement, by the end of the three days referred to in that paragraph.

(11)The presiding officer must, within seven days of receiving a request from a validly nominated candidate, supply free of charge to that candidate one copy of the name and address of every qualified elector.

Requirement for electionE

41(1)If the number of candidates for an election to a diocesan synod does not exceed the number of seats to be filled, each candidate is declared elected; and the presiding officer must inform each candidate and the secretary of the diocesan synod.E

(2)If the number of candidates for an election to a diocesan synod exceeds the number of seats to be filled, an election must take place in accordance with Rule 42.

Conduct of electionE

42(1)Where an election to a diocesan synod is to be held, the presiding officer for the election must ensure that each qualified elector is given a voting paper in Form 6, or is given a voting paper in Form 7, showing the name of each candidate[F8; and the voting paper must be accompanied by a written explanation of the right of appeal under Rule 58(2) against the ruling that the nomination of a candidate is valid and of the right of appeal under Rule 58A against the result of the election].E

(2)The diocesan synod must, no later than 31 December in the year before an election of its members, decide which form of voting paper is to be used by the deaneries in the election.

(3)Where an election to fill a casual vacancy is being conducted under this Rule by virtue of directions under Rule 45, the form of voting paper to be used is the form decided on under paragraph (2).

(4)A vote in an election to a diocesan synod is counted only if (subject to paragraph (5) and Rule 45(1) and (2)) it is given on a voting paper—

(a)which is marked in the manner indicated on the paper,

(b)the back of which is signed by the elector and has his or her full name and address written on it, and

(c)which is returned to the presiding officer within the period determined by him or her in accordance with the timetable fixed by the bishop under Rule 35(2)(a), with that period being at least 14 days, subject to that timetable.

(5)If there is a system of electronic voting for elections to the General Synod, a diocesan synod may itself resolve to have a system of electronic voting for elections to that synod; and, if a diocesan synod does so resolve, the elections to that synod must be conducted in accordance with rules which the General Synod has approved by resolution.

(6)Rules under paragraph (5) may make provision equivalent to that made under Rule 56 (election rules for the House of Laity of the General Synod) in relation to electronic voting and may apply any provision of these Rules with or without modifications.

(7)If there is a system of electronic voting for elections to a diocesan synod, a completed nomination or voting paper may not be given by email; and Rule 76 (which makes provision authorising the use of email) is accordingly to be read subject to this paragraph.

(8)Where voting papers in Form 6 are used and there is an equality of votes, the presiding officer must decide the election by the drawing of a lot.

(9)An election in which voting papers in Form 7 are used is to be conducted by the single transferable vote system in accordance with the rules for the time being in force under the General Synod's Standing Orders, with whatever modifications to those rules are necessary.

(10)The presiding officer for an election to a diocesan synod must, no later than 1 August in the year in which the election is held, give a return of the result to—

(a)each candidate, and

(b)the secretary of the diocesan synod.

Scheme for variation of membershipE

43(1)A diocesan synod may make a scheme to vary the preceding provisions of this Part of these Rules that relate to the membership of diocesan synods so as both—E

(a)to meet the special circumstances of the diocese, and

(b)to secure better representation of clergy or of laity, or of both, on the diocesan synod.

(2)Where a scheme under this Rule has effect, the preceding provisions of this Part of these Rules, in so far as they apply to the diocesan synod in question, have effect subject to the scheme.

(3)A copy of a proposed scheme under this Rule must be given to members of the diocesan synod at least 14 days before the meeting at which it is to be considered for approval.

(4)A proposed scheme under this Rule is approved by the diocesan synod only if—

(a)the house of bishops approves it,

(b)in the house of clergy, it is approved by at least two-thirds of its members present and voting, and

(c)in the house of laity, it is approved by at least two-thirds of its members present and voting.

(5)A proposed scheme under this Rule which is approved by the diocesan synod must be laid before the General Synod.

(6)If a member of the General Synod gives notice in accordance with its Standing Orders that the member wishes a proposed scheme under this Rule to be debated, the scheme does not come into operation unless it is approved by the General Synod.

(7)If a proposed scheme under this Rule is approved by the General Synod or no notice such as is mentioned in paragraph (6) is given, the scheme comes into operation—

(a)on the day after the end of the group of sessions during which it was laid before, or approved by, the Synod, or

(b)such later date as the scheme may specify.

ProcedureE

44(1)A diocesan synod must make standing orders.E

(2)The standing orders must include provision—

(a)for the bishop of the diocese not to be required to chair meetings where the standing orders make other provision in that respect;

(b)for a member of the house of clergy to be elected as chair of that house and a member of the house of laity to be elected as chair of that house;

(c)for there to be a secretary;

(d)for a specified number of meetings to be held each year, with the minimum being two;

(e)for a meeting to be held if at least a specified number of members request that;

(f)for the bishop of the diocese to have a second, casting vote where there is an equality of votes in the house of bishops;

(g)for enabling the bishop of the diocese to require his or her opinion on a matter to be recorded in the minutes;

(h)for there to be a bishop's council and standing committee of the synod which has such membership as the standing orders may provide and—

(i)the functions exercisable by it under section 4(4) of this Measure, and

(ii)such other functions as may be conferred by the standing orders or by or under this or any other Measure or by or under Canon.

(3)The standing orders must also include provision—

(a)that, subject as follows, the assent of the synod is given only if each of the three houses gives its assent;

(b)that if the bishop of the diocese so directs on a question other than one on an Article 8 matter referred to the synod, the assent of the house of bishops is given only if the majority of the members who give assent includes the bishop;

(c)that a question relating only to the conduct of business is to be decided by the votes of the members present and voting;

(d)that any other question is to be decided by the votes of the members present and voting (with the assent of each of the three houses presumed), unless the bishop of the diocese or any ten members require there to be a separate vote by each house;

(e)that if the house of clergy and the house of laity are in favour of an Article 8 matter referred to the synod, it is deemed to be approved for the purposes of Article 8 of the Constitution.

(4)The standing orders may include provision for such other matters consistent with the provision required under paragraphs (2) and (3) as the diocesan synod decides.

(5)The provision which may be made under paragraph (4) includes provision to enable the chair of the house of clergy and the chair of the house of laity of the diocesan synod each to continue to hold office as such until the election of his or her successor as chair.

(6)A person may not serve as a member of more than one bishop's council and standing committee at the same time.

(7)The registrar of the diocese is the registrar of the diocesan synod.

(8)A reference in this Rule to an Article 8 matter referred to a diocesan synod is a reference to a matter referred by the General Synod to that diocesan synod under Article 8 of the Constitution.

Casual vacanciesE

45(1)A casual vacancy among the members of a diocesan synod elected by either house of a deanery synod may be filled by the election by that house of the deanery synod of a person qualified to be elected as such (as to which, see Rule 36).E

(2)An election to fill a casual vacancy of that kind is to take place at a meeting of the members of that house of the deanery synod, unless the bishop of the diocese—

(a)directs that the election is to be conducted in accordance with Rules 38 to 42, and

(b)fixes the timetable and date for the election accordingly and ensures that the secretary of the deanery synod is informed.

(3)An election to fill a casual vacancy of that kind is to be completed, so far as possible, within six months of the occurrence of the vacancy (subject to Rule 74).

(4)Where an election to fill a casual vacancy of that kind is to take place at a meeting under paragraph (2) but is not completed within six months of the occurrence of the vacancy, the bishop must give directions (which may include directions for the election to be conducted in accordance with Rules 38 to 42).

(5)Where an election to fill a casual vacancy is to take place by virtue of a direction of the bishop under paragraph (2)(a) or (4), Rules 38 to 42 have effect, but as if a reference to the timetable fixed under Rule 35(2)(a) were a reference to the timetable fixed under paragraph (2)(b) or by virtue of paragraph (4) of this Rule.

(6)Where the period for holding a general election to either house of a diocesan synod is due to begin within nine months of the occurrence of the vacancy, it is not to be filled unless the members of the bishop's council and standing committee who are from the house concerned direct otherwise.

PART 5EHouse of Laity of the General Synod

MembershipE

46(1)The members of the House of Laity of the General Synod are—E

(a)each person elected by the diocesan electors of each diocese (see Rule 54),

(b)each representative elected under the Channel Islands (Representation) Measure 1931,

(c)two lay persons [F9elected or] chosen by and from the members of religious communities F10... in either province, with the [F11election or] choice being made in such manner as the rules under Rule 56 provide,

(d)each person who is an ex officio member under Rule 47,

(e)each person who is co-opted under Rule 48, and

(f)at least three but no more than four other persons, each of whom is an actual communicant and who is elected or chosen as soon as practicable after a dissolution of the Synod in such manner as the Armed Forces Synod may decide [F12or, in so far as provision is not made in that manner, in such manner as the rules under Rule 56 provide].

(2)The term of office of a member of the House of Laity under paragraph (1)(a), (b), (c) or (f) is (subject to termination or resignation) for the lifetime of the Synod for which the member is elected or chosen; but that does not prevent the person from doing either of the following during a dissolution of the Synod—

(a)acting under Article 3(4) of the Constitution (under which a person may continue to act as a member of a body of the Synod);

(b)continuing to be an ex officio member of a body constituted under these Rules.

(3)The deadline for qualifying as a member of a religious community for the purposes of paragraph (1)(c) is 6.00 a.m. on—

(a)the date of the dissolution of the Synod, or

(b)where there is a casual vacancy, the date on which nomination papers are issued.

(4)The total number of persons elected or chosen under the following provisions taken together must not exceed seven—

(a)paragraph [F13(1)(f)] of this Rule F14... ,

(b)in Canon H2 (representation of the clergy in the Lower House of the Convocations), paragraph 1(d) in the form which it takes in relation to the Province of Canterbury, and

(c)in Canon H3 (constitution of the Upper Houses of the Convocations), paragraph 1(bb).

(5)For the purposes of this Part of these Rules, the diocese in Europe is to be treated as a diocese in the province of Canterbury.

Ex officio membersE

47(1)Each of the following, if not in Holy Orders, is an ex officio member of the House of Laity—E

(a)the Dean of the Arches and Auditor;

(b)the Vicar-General of the Province of Canterbury;

(c)the Vicar-General of the Province of York;

(d)each of the three Church Estates Commissioners;

(e)the Chair of the Church of England Pensions Board;

(f)each member of the Archbishops' Council who is an actual communicant;

(g)the Chair of the Dioceses Commission.

(2)An ex officio member has the same rights and is subject to the same requirements as an elected member.

Co-optionE

48(1)The House of Laity may co-opt a lay person aged 18 or over who is an actual communicant; but the number of co-opted members may not at any time exceed five.E

(2)A person may be co-opted only if at least two-thirds of the Standing Committee of the House of Laity have consented, either at a meeting or in writing.

(3)A co-opted member has the same rights and is subject to the same requirements as an elected member.

(4)A co-opted member serves until the next dissolution of the Synod, subject to paragraph (5); but that does not prevent the member from doing either of the following during a dissolution of the Synod—

(a)acting under Article 3(4) of the Constitution (under which a person may continue to act as a member of a body of the Synod);

(b)continuing to be an ex officio member of a body constituted under these Rules.

(5)The House of Laity may impose a shorter term of membership on a co-opted member than would otherwise be the case.

(6)Paragraphs (4) and (5) do not prevent a person from being co-opted on one or more subsequent occasions.

(7)The House of Laity may by standing orders make provision to regulate the procedure for the appointment of co-opted members and provision which is incidental to such appointments or which otherwise gives effect to this Rule.

NumbersE

49(1)The total number of the members of the House of Laity elected by the diocesan electors of each diocese (“directly elected members”) and the representatives elected under the Channel Islands (Representation) Measure 1931 must not exceed 195.E

(2)Each diocese must have at least three directly elected members, other than the diocese of Sodor and Man which is to elect only one member.

(3)The total number of directly elected members is to be decided by resolution of the General Synod no later than the last day of February in the fifth year after the most recent election of the House of Laity.

(4)A resolution under paragraph (3) must apportion the number of directly elected members between the province of Canterbury and the province of York—

(a)in the proportion of 70 to 30 (or as close to that as possible), or

(b)if the resolution specifies some other proportion, in that other proportion (or as close to it as possible).

(5)A resolution under paragraph (3) must divide the number of directly elected members among the dioceses so that the number of members to be elected by each diocese is as nearly as possible proportionate to [F15the total of—

(a)the number of names on the rolls of the parishes in that diocese, and

(b)the number of names on the mission initiative rolls for mission initiatives in that diocese.]

(6)The method for making the division required under paragraph (5) is to be specified by the Business Committee.

(7)The secretary of each diocesan synod must, no later than 1 August in the fourth year after the most recent election of the House of Laity, certify to the Clerk to the General Synod [F16the total of—

(a)the number of the names on the rolls of the parishes in that diocese, as notified to the secretary under Rule 10, and

(b)the number of the names on the mission initiative rolls for the mission initiatives in the diocese, as notified to the secretary under Rule 27D.]

(8)The number of directly elected members for a diocese must, once it has been decided by the General Synod, be certified as soon as is practicable to the secretary of the diocesan synod.

(9)If the General Synod is dissolved, or a dissolution is pending, but a resolution under paragraph (3) has not been made, the Presidents or the Synod may give directions as to deciding and certifying the number of directly elected members for each diocese.

(10)Directions under paragraph (9) may provide that the numbers decided and certified on the most recent occasion are to be treated as having been decided and certified for the purposes of the coming election.

[F17(11)For the purposes of paragraphs (5)(b) and (7)(b), if a mission initiative is in more than one diocese, the number of names on the mission initiative roll is to be divided equally between each diocese (but if it is not so divisible without remainder, the remainder is to be ignored); and the reference to the number of names on the mission initiative roll maintained in the diocese for that initiative is to be construed accordingly.

(12)The reference in paragraph (7)(b) to notifications under Rule 27D includes, in the case of any mission initiative roll established under rule 29A of the Old Rules, a reference to the notification given under rule paragraph (7)(b) of that rule; and “the Old Rules” has the meaning given in Rule 27A(7).]

Qualifications for electionE

50(1)A lay person is qualified for election for a diocese by the diocesan electors of that diocese if he or she meets—E

(a)each of the first, second and third conditions, and

(b)one of the fourth, fifth and sixth conditions.

(2)The first condition is that the person has received Communion according to the use of the Church of England, or a Church in communion with it, at least three times in the twelve months preceding the relevant day [F18; and the person is to be treated as meeting the first condition for the purposes of these Rules if the person would have met it but for matters connected with coronavirus (within the meaning of the Coronavirus Act 2020)].

(3)The second condition is that the person—

(a)is confirmed or ready and desirous of being confirmed, or

(b)comes within paragraph 1(b) of Canon B 15A (communicant member of Church which subscribes to doctrine of Holy Trinity).

(4)The third condition is that the person is aged 18 or over on the relevant day.

(5)The fourth condition is that the person's name is, as at 6.00 a.m. on the relevant day—

(a)on the roll of a parish in the diocese, or

(b)in the case of a cathedral church which is not a parish church, on the community roll of the cathedral church.

(6)The fifth condition is that, in a case where the area of the diocese includes Westminster Abbey, St. George's Chapel, Windsor or the cathedral church of Christ in Oxford, the person has at any time in the period of two months beginning one month before the relevant day, been declared by the dean to be a habitual worshipper.

(7)The sixth condition is that the person has, at any time in the period of two months beginning one month before the relevant day, been declared by the leader of a mission initiative in the diocese to be part of the worshipping community involved in the initiative.

(8)A person who is on the roll of more than one parish must choose one of those parishes for the purposes of this Rule.

(9)A person who is part of the worshipping community involved in a mission initiative which is in more than one diocese, or who is part of the worshipping community involved in mission initiatives in different dioceses, must choose one of the dioceses concerned for the purposes of this Rule.

(10)The “relevant day” means—

(a)the date of the dissolution of the Synod, or

(b)in the case of an election to fill a casual vacancy, the date on which nomination papers are issued.

(11)Where a diocese is divided into two or more areas under Rule 51, a person who is qualified for election for that diocese—

(a)may be a candidate for any one of those areas, regardless of whether the parish or cathedral church whose roll includes the person's name is in that area, but

(b)may not be a candidate for more than one of those areas at the same time.

Electoral areasE

51(1)Each diocese is an electoral area for the purposes of elections to the House of Laity, unless the diocese is divided into areas under this Rule.E

(2)A diocesan synod may, for the purposes of an election to the House of Laity, divide the diocese into two or more areas and apportion between those areas the number of members to be elected for the diocese; and the number of members apportioned to each area must be at least three.

(3)But if elections to the House of Laity are conducted by the single transferable vote system provided for by rules for the time being in force under the General Synod's Standing Orders, the power under paragraph (2) may be exercised only so far as is consistent with those rules.

(4)Where a diocese is divided into areas under this Rule, the election in question is to be conducted in each of those areas as if it were a separate diocese.

(5)A division of a diocese under this Rule remains in force until it is revoked by the diocesan synod.

[F19(6)Where a diocese is divided under this Rule—

(a)a diocesan elector who is a representative of the laity is entitled to vote in the area to which the body by which the elector was elected belongs;

(b)a diocesan elector who is not a representative of the laity is entitled to vote in whichever area the diocesan synod decides.]

TimingE

52(1)The elections to the House of Laity are to be carried out in the period of three months immediately following a dissolution of the General Synod.E

(2)The elections are to be carried out in each diocese during such part of that three-month period as the Presidents of the Synod jointly decide.

(3)This Rule has effect subject to any directions given by the General Synod or the Presidents.

Presiding officerE

53(1)For an election to the House of Laity, the presiding officer in each diocese or, where a diocese has been divided into areas under Rule 51, in each area of the diocese is—E

(a)the registrar of the diocese or a person appointed by him or her with the approval of the registrar of the province, or

(b)if the registrar of the diocese is a candidate in the election, a person appointed by the registrar of the province.

(2)The Business Committee must nominate an independent body which it is satisfied would be able to assist each presiding officer with the conduct of an election in the diocese to the House of Laity (including the issue of invitations to nominate and the lodging of nominations), in so far as the election involves a system of electronic voting.

(3)The presiding officer of each diocese must appoint the body nominated under paragraph (2) and may not appoint any other body or any individual for that purpose.

(4)The provincial registrars must jointly make rules imposing duties on the presiding officer in each diocese in connection with elections to the House of Laity held in that diocese.

(5)Rules under paragraph (4) are of no effect unless the Business Committee has approved them.

Entitlement to voteE

54(1)A person is entitled to vote in an election to the House of Laity held in a diocese if, at the close of nominations, the person is a diocesan elector in that diocese.E

(2)In each diocese other than the diocese in Europe, the diocesan electors are the members of the house of laity of each deanery synod in the diocese, apart from any person who is—

(a)co-opted under Rule 18(2), or

(b)a lay member of a religious community which has separate representation in the General Synod under Rule 46(1)(c).

(3)In the diocese in Europe, the diocesan electors are the persons elected by the annual meeting of each chaplaincy, with the number to be elected being determined by the bishop's council and standing committee of the diocese; and a person is qualified for election as a diocesan elector if he or she is a lay person—

(a)who is an actual communicant,

(b)who is aged 18 or over, and

(c)whose name is entered on the electoral roll of a chaplaincy in the diocese.

(4)The deadline for qualifying as a diocesan elector in an election to the House of Laity is 6.00 a.m. on—

(a)the date of the dissolution of the Synod, or

(b)in the case of an election to fill a casual vacancy, the date on which invitations to nominate are issued.

(5)The diocesan electoral registration officer must, at least 21 days before invitations to nominate are issued under Rule 55, give the secretary of each deanery synod in the diocese a copy of the names and addresses recorded in the register of lay electors.

(6)The secretary of each deanery synod must, within seven days of receiving the copy names and addresses, provide the diocesan electoral registration officer with—

(a)if the names and addresses are correct, a certificate in writing to that effect, or

(b)if they are not correct, a notification in writing of the corrections required.

(7)In ascertaining for the purposes of paragraph (6) whether the names and addresses are correct, the secretary of each deanery synod must ask each elector who has not provided an email address whether he or she wishes to provide one.

(8)The diocesan electoral registration officer must, no later than seven days before invitations to nominate are issued under Rule 55, give a copy of the names and addresses (with any corrections required having been made) to the presiding officer in the election.

(9)The register of lay electors must be available for inspection at the diocesan office during the period beginning with the issue of invitations to nominate under Rule 55 and ending with the close of nominations.

(10)The register of lay electors must, in the form in which it is made available for inspection, include the name of each elector but no other personal data.

(11)Corrections to the register may be made up until the close of nominations; but after the close of nominations, no names may be added to or removed from the register until the declaration of the result of the election.

NominationE

55(1)A candidate for election in a diocese to the House of Laity must be nominated by two persons, each of whom is a diocesan elector in the diocese.E

(2)The presiding officer in each diocese must ensure that each diocesan elector in the diocese is issued with an invitation to nominate.

(3)If a person who is qualified for election but is not a diocesan elector requests a nomination paper, the presiding officer must ensure that the person is issued with a nomination paper.

(4)The presiding officer must determine the period within which nominations are to be given to him or her; and the period so determined must be at least 28 days beginning with the day after that on which the invitations to nominate are issued.

(5)The presiding officer must ensure that, when an invitation to nominate is issued to a person, the person is also given written notification of when nominations close.

Election rulesE

56(1)The General Synod must make rules relating to the conduct of an election to the House of Laity (including an election to fill a casual vacancy).E

(2)The rules may, in particular, make provision as to—

(a)the system by which, and the manner in which, the election is to be conducted;

(b)the process for issuing invitations to nominate and for the lodging and scrutiny of nominations;

(c)the conditions for the validity of a nomination;

(d)the preparation, circulation and distribution of election addresses and other election papers;

(e)the conditions for the validity of a vote in the election;

(f)the functions which the presiding officer is required or authorised to carry out in connection with the election;

(g)the assistance which the body nominated under Rule 53(2) may provide to a presiding officer;

(h)the entitlement of a presiding officer to a fee for the exercise of a function in connection with the election and the entitlement of the body nominated under Rule 53(2) to a fee for the assistance it provides to a presiding officer;

(i)the liability to pay the expenses of the election.

(3)The rules may, in so far as they provide for an election to the House of Laity to involve a system of electronic voting, modify the application of any provision of these Rules.

(4)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.

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

PART 6EAppeals

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,F20...

(b)must give brief particulars of the grounds of the appeal[F21, 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).

Enrolment appeals: referral and representations etc.E

[F2257A.(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.]

Election appealsE

[F2358(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.

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.]

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

59[F24(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.

[F25(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

[F2659A.(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).]

Referral of appeal to bishop's council and standing committeeE

[F27Summary election appeal: noticeE

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.

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.

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).

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.]

Determination of appealE

[F28Full election appeal: notice of appealE

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.

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.

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).

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.

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.

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.

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.

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.

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.]

Appeals: generalE

[F2961I.(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).]

PART 7EDisqualification etc.

DisqualificationsE

62(1)A person is disqualified from being nominated or elected or from serving as a member of the General Synod if the person holds or takes a paid office or employment the appointment to which is, or may be, made or confirmed by—E

(a)the General Synod,

(b)the Convocations,

(c)the Archbishops' Council,

(d)the Church Commissioners,

(e)the Church of England Pensions Board, or

(f)the Corporation of the Church House.

(2)A person is not disqualified under paragraph (1)(d) merely because the person is appointed as a Church Commissioner in receipt of a salary or other emoluments.

(3)A person is disqualified from being nominated, chosen or elected or from serving as a member of a PCC if the person has been disqualified from holding office under section 10(6) of the Incumbents (Vacation of Benefices) Measure 1977 (breakdown of pastoral relationships).

(4)Nothing in this Part of these Rules, so far as relating to membership of a PCC, affects the application of any enactment providing for the disqualification of a person from being a trustee of a charity (and, accordingly, from being a member of a PCC).

(5)For further provision as to disqualification, see Rule 68 (safeguarding).

(6)For provision as to disqualification from being elected as a churchwarden, see section 2 of the Churchwardens Measure 2001.

Vacation of seat on deanery synodE

63(1)The seat of a clerical member of a deanery synod who is a member under sub-paragraph (a) to (f) or (h) of Rule 15(1) is vacated if the member ceases to be eligible for membership under that sub-paragraph and is not eligible for membership under another sub-paragraph of Rule 15(1).E

(2)The seat of a lay member of a deanery synod is vacated in each of the following five cases.

(3)The first case is where the member—

(a)was elected as a parochial representative of the laity, but

(b)ceases to have his or her name on the roll of the parish by which he or she was elected.

(4)The second case is where the member—

(a)became a representative under Rule 23(1) (cathedral church), but

(b)ceases to have his or her name on the community roll of the cathedral church concerned.

(5)The third case is where the member—

(a)became a representative under a scheme under Rule 23(2) (royal peculiar etc.), but

(b)ceases to be declared by the dean concerned to be a habitual worshipper.

(6)The fourth case is where the member—

(a)became a representative under a scheme under Rule 24 (mission initiative), but

(b)ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(7)The fifth case is where the member becomes a clerk in Holy Orders.

(8)A lay member's seat is not vacated under paragraph (3) if—

(a)the member satisfies a condition under paragraph (9), and

(b)before the vacancy arises, the PCC resolves that the member's seat is not to be vacated.

(9)The conditions are as follows—

(a)that the member's name is entered on the roll of a parish in the diocese;

(b)that the member's name is entered on the community roll of the cathedral church of the diocese or, where the diocese has more than one cathedral church, on the community roll of any of them;

(c)that the leader of a mission initiative in the diocese declares the member to be part of the worshipping community involved in the initiative.

(10)A member's seat on a deanery synod is vacated if it is decided on an appeal under Rule 58 that the member's election is void.

(11)For further cases where a member's seat on a deanery synod is vacated, see Rule 68 (safeguarding etc.).

Vacation of seat on diocesan synodE

64(1)The seat of a clerical member of a diocesan synod who was elected by the house of clergy of a deanery synod in the diocese is vacated if the member ceases to be qualified for election by that house.E

(2)But a member's seat is not vacated under paragraph (1) if—

(a)the member continues to work or reside in the diocese, and

(b)before the vacancy arises, the clerical members of the standing committee of the deanery synod resolve that the member's seat is not to be vacated.

(3)The seat of a lay member of a diocesan synod who was elected by the house of laity of a deanery synod in the diocese is vacated in each of the following five cases.

(4)The first case is where the member—

(a)qualified for election under Rule 36(3)(a) (parish roll), but

(b)ceases to have his or her name on the roll of a parish in the deanery.

(5)The second case is where the member—

(a)qualified for election under Rule 36(3)(b) (cathedral church), but

(b)ceases to have his or her name on the community roll of the cathedral church concerned.

(6)The third case is where the member—

(a)qualified for election under Rule 36(3)(c) (royal peculiar etc.), but

(b)ceases to be declared by the dean to be a habitual worshipper.

(7)The fourth case is where the member—

(a)qualified for election under Rule 36(3)(d) (mission initiative), but

(b)ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(8)The fifth case is where the member becomes a clerk in Holy Orders.

(9)A lay member's seat is not vacated under paragraph (4) if—

(a)the member satisfies a condition in Rule 63(9), and

(b)before the vacancy arises, the lay members of the standing committee of the deanery synod resolve that the member's seat is not to be vacated.

(10)If a lay member of a diocesan synod is also an elected member of the House of Laity of the General Synod, the member's seat on the diocesan synod is not vacated under this Rule if the bishop's council and standing committee make the decision referred to in Rule 65(7) (member willing and able to serve) in that member's case.

(11)A member's seat on a diocesan synod is vacated if it is decided on an appeal under Rule 58 that the member's election is void.

(12)For further cases where a member's seat on a diocesan synod is vacated, see Rule 68 (safeguarding etc.).

Vacation of seat in House of Laity of General SynodE

65(1)The seat of an elected member of the House of Laity of the General Synod is vacated in each of the following five cases.E

(2)The first case is where the member—

(a)qualified for election under Rule 50(5)(a) (parish roll), but

(b)ceases to have his or her name on the roll of a parish in the diocese concerned.

(3)The second case is where the member—

(a)qualified for election under Rule 50(5)(b) (cathedral church), but

(b)ceases to have his or her name on the community roll of the cathedral church of the diocese or, where the diocese has more than one cathedral church, on the community roll of any of them.

(4)The third case is where the member—

(a)qualified for election under Rule 50(6) (royal peculiar etc.), but

(b)ceases to be declared by the dean concerned to be a habitual worshipper.

(5)The fourth case is where the member—

(a)qualified for election under Rule 50(7) (mission initiative), but

(b)ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(6)The fifth case is where the member becomes a clerk in Holy Orders.

(7)But a member's seat is not vacated under paragraphs (2) to (5) if, before the vacancy arises, the lay members of the bishop's council and standing committee decide that the member is willing and able to discharge to their satisfaction the duties of a member of the House of Laity of the General Synod elected for that diocese.

(8)Where a decision under paragraph (7) is made, the lay members of the bishop's council and standing committee must, no later than one year after making the decision and annually after that—

(a)review the member's membership of the House of Laity of the General Synod, and

(b)decide whether he or she is still willing and able as mentioned in paragraph (7).

(9)The seat of an elected member of the House of Laity of the General Synod is vacated if the member is disqualified under Rule 62(1).

(10)The seat of an elected member of the House of Laity of the General Synod is vacated if it is decided on an appeal under rules under Rule 59 that the member's election is void.

(11)For further cases where a member's seat in the House of Laity of the General Synod is vacated, see Rule 68 (safeguarding etc.).

Ex officio membershipE

66(1)A person is not disqualified from being elected or chosen as a member of a body under these Rules merely because the person is also a member of that body ex officio.E

(2)A person elected or chosen as a member of a body under these Rules does not vacate his or her seat merely because the person has become a member of that body ex officio.

ResignationE

67(1)A person holding office under these Rules or who is a member of a body constituted by or under these Rules may resign the office or membership by giving notice in writing to the secretary of the body of which the person is an officer or member.E

(2)A resignation under this Rule takes effect—

(a)on the date specified in the notice, or

(b)if no date is specified in the notice, on the date on which the secretary receives the notice.

Safeguarding cases: disqualification and vacation of seatE

68(1)If a person is included in a barred list, the person is disqualified—E

(a)from being nominated, chosen or elected as, or from serving as, a member of a PCC, a deanery synod, a diocesan synod or the General Synod;

(b)from being appointed to act as, or from acting as, secretary or treasurer of a PCC.

(2)If a person is convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933, the person is disqualified—

(a)from being nominated, chosen or elected as, or from serving as, a member of a PCC, a deanery synod, a diocesan synod or the General Synod;

(b)from being appointed to act as, or from acting as, secretary or treasurer of a PCC.

(3)If a person disqualified under paragraph (1) or (2) is a member of a PCC, a deanery synod, a diocesan synod or the House of Laity of the General Synod, the member's seat is vacated.

(4)A person's disqualification under paragraph (2) may be waived by the bishop of the diocese in question giving the person notice in writing; and the notice must specify the bishop's reasons for giving the waiver.

(5)Where a person whose seat has been vacated under paragraph (3) has his or her disqualification waived under paragraph (4), the person may resume his or her seat if it has remained vacant.

(6)A waiver under paragraph (4)—

(a)is of unlimited duration, and

(b)has effect in every diocese.

(7)Before deciding whether to give a waiver under paragraph (4), the bishop must consult—

(a)the diocesan safeguarding advisor, and

(b)such other persons as the bishop considers appropriate.

(8)On giving a notice under paragraph (4), the bishop must give a copy of the notice to the registrar of the diocese; and the registrar must file the copy in the diocesan registry.

Safeguarding cases: suspensionE

69(1)This Rule applies where a member of a PCC or the secretary or treasurer of a PCC or a member of a deanery synod, a diocesan synod or the General Synod—E

(a)is arrested on suspicion of committing an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933, or

(b)is charged with an offence mentioned in that Schedule without being arrested.

(2)This Rule also applies where the bishop of a diocese is satisfied, on the basis of information provided by a local authority or the police, that a person of a description given in paragraph (1) presents a significant risk of harm.

(3)The bishop may suspend the person from the position in question by giving the person notice in writing; and the notice must specify the bishop's reasons for imposing the suspension.

(4)The bishop may at any time revoke the suspension by giving the person notice in writing.

(5)For the purposes of paragraph (2), a person presents a significant risk of harm if there is a significant risk that the person may—

(a)harm a child or vulnerable adult,

(b)cause a child or vulnerable adult to be harmed,

(c)put a child or vulnerable adult at risk of harm,

(d)attempt to harm a child or vulnerable adult, or

(e)incite another person to harm a child or vulnerable adult.

(6)Before deciding whether to suspend a person under paragraph (3), or to revoke a suspension made under that paragraph, the bishop must consult—

(a)the diocesan safeguarding advisor, and

(b)such other persons as the bishop considers appropriate.

(7)A suspension in a case within paragraph (1) continues (unless revoked under paragraph (4)) until the earlier of—

(a)the expiry of three months beginning with the day on which the notice is given, and

(b)the conclusion of the matter.

(8)Where a person is suspended in a case within paragraph (1) and the matter is not concluded before the expiry of the three-month period referred to in paragraph (7)(a), a further notice of suspension may be given under paragraph (3); and paragraph (7) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(9)A suspension in a case within paragraph (2) continues (unless revoked under paragraph (4)) until the expiry of three months beginning with the day on which the notice is given.

(10)Where a person is suspended in a case within paragraph (2), a further notice of suspension may be given under paragraph (3); and paragraph (9) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(11)Having given a notice of suspension or revocation under this Rule, the bishop must give each of the following written notification—

(a)the clergy who hold office in the parish,

(b)the churchwardens of the parish,

(c)the registrar of the diocese,

(d)the diocesan safeguarding advisor, and

(e)such other persons as the bishop considers appropriate.

(12)The registrar must file a notification given under paragraph (11)(c) in the diocesan registry.

(13)For the purposes of this Rule, a matter is concluded when—

(a)a decision is taken not to charge the person with the offence in question, or

(b)where the person is charged with the offence, the proceedings for the offence are concluded.

Safeguarding cases: appeal against suspensionE

70(1)A person who is given a notice of suspension under Rule 69(3) may appeal against the suspension in accordance with rules for the time being in force under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.E

(2)An appeal under this Rule must be made to the president of tribunals (as to whom, see section 4 of the Clergy Discipline Measure 2003).

(3)On an appeal under this Rule, the president of tribunals may, within 28 days following the lodging of the appeal, either confirm or revoke the suspension.

Safeguarding cases: interpretationE