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SCHEDULES

SCHEDULE 3E Church Representation Rules

Part IVE Diocesan Synods

Elections of Members of Diocesan Synods by Deanery SynodsE

[F131](1)The elections of members of the diocesan synod by the houses of clergy and laity of the deanery synods in the diocese shall take place every three years, and the members so elected shall hold office for a term [F2of three years beginning with the 1st [F3August] next following their election].E

(2)Any clerk in Holy Orders who is a member of the deanery synod F4. . . shall be qualified to be so elected by the house of clergy of a deanery synod, and the electors shall be [F5those whose names and addresses are recorded in the register of clerical electors]. . . [F6being the persons referred to in rule 24(2) and not including the persons co-opted to the deanery synod under rule 24(7)]:

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

(3)[F7Subject to the provisions of rule [F81(4)]] any lay person who is an actual communicant F9. . . [F10as defined in rule 54(1)]of [F11[F12sixteen] years or upwards] and whose name is entered on the roll of any parish in the deanery or who is [F13on the community roll or, in the case of Westminster Abbey, St George’s Chapel, Windsor and the cathedral church of Christ in Oxford declared by the dean to be an habitual worshipper at the cathedral church], shall be qualified to be so elected by the house of laity of a deanery synod, and the electors shall be [F14those whose names and addresses are recorded in the register of lay electors] other than F9. . ..[F15persons co-opted to the deanery synod under rule 24(7)]

. . . F16

[F17[F18(4)]The qualifying date for electors under paragraphs (2) and (3) of this rule and when a casual vacancy is being filled shall be 6.00 a.m. on the date on which the nomination papers are issued [F19in accordance with rule 32(4)].

[F18(5)]The register of clerical electors and the register of lay electors shall be open to inspection at the diocesan office and any errors and omissions in the list may be corrected until the close of nominations. Thereafter no names may be added or removed until the declaration of the result of the election and those persons whose names are entered in the register shall be the qualified electors entitled to vote in that election.]

[F18(6)]The diocesan synod shall, not later than the [F2031st December] in the year preceding any such election determine the numbers of members to be so elected by the houses of the several deanery synods in the diocese, and the numbers shall—

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

(b)in the case of elections by the houses of laity, be related to the total numbers of names on the rolls of the parishes in the respective deaneries as certified . . . F21under rule 4:

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

F22(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(7)For the purpose of such determination by the diocesan synod, the secretary of every deanery synod shall, not later than the 1st June, certify to the secretary of the diocesan synod the number of members of the house of clergy of the synod as at the 30th April.]

[F18(8)]The diocesan synod shall so exercise their powers under this rule as to secure that the number of members of the synod is not less than [F24100] and not more than 270 and that the numbers of the F25. . . [F26houses of clergy and laity] are approximately equal:

. . . F27

[F28For the avoidance of doubt it is hereby declared that the [F29number 270 specified in this paragraph includes] the maximum number of members who may be co-opted by each house or nominated by the bishop.]

[F18(9)]Not later than the 31st December in each year preceding any such elections, the secretary of the diocesan synod shall certify to the secretary of every deanery synod the numbers determined under this rule for that deanery synod.

Textual Amendments

F1Sch. 3 rule 31 (originally 25) renumbered (1.1.1995) by S.I. 1994/3118, para. 25.

F2Words substituted by S.I. 1973/1865, para. 15(1)

F3Word substituted by S.I. 1981/1650, para. 2

F4Words in Sch. 3 rule 31 para. (2) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 25(e).

F5Words substituted by virtue of S.I. 1989/2094, para. 8(1)

F6Words in Sch. 3 rule 31 para. (2) inserted (1.1.1995) by S.I. 1994/3118, para.25(e).

F7Words inserted by S.I. 1973/1865, para. 15(2)

F8Words in Sch. 3 rule 25 para. (3) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F9Words in Sch. 3 rule 31 para. (3) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 26.

F10Words in Sch. 3 rule 31 para. (3) inserted (1.1.1995) by S.I. 1994/3118, para. 26.

F11Words substituted by S.I. 1973/1865, para. 15(2)

F14Words substituted by virtue of S.I. 1989/2094, para. 8(2)

F15Words in Sch. 3 rule 31 para. (3) inserted (1.1.1995) by S.I. 1994/3118, para. 26.

F16Rule 25(3) proviso repealed by S.I. 1973/1865, para. 15(2)

F17Sch. 3 rule 25(3A)(3B) inserted by S.I. 1989/2094, para. 8(3)

F18Sch. 3 rule 31 paras. (4)-(9) (originally (3A)-(7)) renumbered (1.1.1995) by S.I. 1994/3118, para. 26.

F20Words substituted by S.I. 1973/1865, para. 15(3)

F21Words repealed by S.I. 1973/1865, para. 15(3)

F22Sch. 3 rule 31 para. (7) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 27.

F23Sch. 3 rule 31 para. (7) inserted (1.1.1995) by S.I. 1994/3118, para. 27.

F25Words in Sch. 3 rule 31 para. (8) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 28.

F26Words in Sch. 3 rule 31 para. (8) inserted (1.1.1995) by S.I. 1994/3118, para.28.

F27Words repealed by S.I. 1984/1039, para. 17(1)

F29Words substituted by S.I. 1984/1039, para. 17(2)

[F3032][F31(1)Elections of members of the diocesan synod by the houses of the deanery synods shall be completed by the 15th day of July, the period and dates of the election being fixed by the bishop of the diocese and communicated to the secretaries of the deanery synods.E

(2)The bishop shall appoint the presiding officers for the elections by the houses of the deanery synods, provided that no person shall be appointed as a presiding officer for an election by a house F32. . .of which he is a member. The expenses of elections shall be paid out of diocesan funds.

[F33(3)]The diocesan electoral registration officer shall furnish the presiding officer with the names and addresses of the qualified electors and the presiding officer shall ensure that the persons qualified to nominate and vote in elections to the diocesan synod, and only such persons, shall be sent or given nomination and voting papers in respect of the said election at the address entered against their names in the register of electors.]

[F33(4)]Every candidate must be nominated and seconded by a qualified elector. A notice in the form set out in section 5 of Appendix I indicating the number of seats to be filled and inviting nominations shall be dispatched to every elector [F34together with a form of nomination in the form set out in section 6 of Appendix I] shall be F35. . . [F36delivered either by post, by facsimile transmission or in person to the presiding officer of the area within such period, being a period of not less than [F37twenty-one] days ending on a date specified by the presiding officer, provided that where a nomination paper has been sent by facsimile transmission the name of the candidate shall not appear on the voting paper unless the original nomination paper has been received by the presiding officer within three days of the closing date for nominations.The nomination form shall be accompanied by a statement signed by the candidate stating his willingness to serve if elected and, if he so desires, setting out in not more than 100 words a factual statement for circulation with the voting papers of the candidate’s professional qualifications, present office and any relevant past experience.]

F38[F33(5)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39(5)It shall be the duty of the presiding officer—

(a)to scrutinise nomination papers as soon as they have been lodged and shall, without delay, inform the candidate concerned whether the nomination is valid.Where the nomination is invalid the presiding officer shall give his reasons for so ruling and if, by the close of the nomination period, no valid nomination is received, the candidate shall be excluded from the election;

(b)to supply free of charge to a duly nominated candidate in the election one copy of the names and addresses of the qualified electors within seven days of receiving his written request.]

[F33(6)]If more candidates are nominated than there are seats to be filled the names of the candidates nominated shall be circulated on a voting paper in the form set out [F40either in section 7 or in section 8 of Appendix I to every qualified elector. The diocesan synod shall, not later than the 31st December in each year preceding any such election as is referred to in rule [F4131], [F42make a determination as to which form of voting paper is to be used by the deaneries in that election, and that] determination shall apply to any election to fill a casual vacancy which occurs during the next ensuing three years.]

[F33(7)]The voting paper marked and [F43, on the reverse thereof, signed by the elector and with his full name written.] shall be returnable to the presiding officer within such period not being less than 14 days as he shall specify . . . F44No vote shall be counted if given on a voting paper not in accordance with this paragraph.

[F33(8)]Where [F45voting papers in the form set out in section 7 of Appendix I have been used and] owing to an equality of votes an election is not decided, the decision between the persons for whom the equal numbers of votes have been cast shall be taken by lot by the presiding officer.

[F46[F33(9)]Where voting papers in the form set out in section 8 of Appendix I are used, the election shall be conducted under rules, with the necessary modifications, made by the General Synod under rule [F4739(7)] and for the time being in force.]

[F48[F33(10)]]A return of the result of the election shall be sent by the presiding officer to the secretary of the diocesan synod and a statement of the result shall be sent by [F49the presiding officer] to every candidate not later than the 1st [F50August] in each election year.

Textual Amendments

F30Sch. 3 rule 32 (originally 26) renumbered (1.1.1995) by S.I. 1994/3118, para. 29.

F31Sch. 3 rule 26(1)(2)(2A) substituted for paras. (1) and (2) by S.I. 1989/2094, para. 9(1)

F32Sch. 3 rule 32 para. (2) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 29.

F33Sch. 3 rule 32 paras. (3)-(10) (originally (2A)-(8)) renumbered (1.1.1995) by S.I. 1994/3118, para. 29.

F34Words in Sch. 3 rule 32(4) substituted (1.1.2000) by virtue of The Church Representation Rules (Amendment) Resolution 1999 (S.I. 1999/2112), paras. 10, 24(3)

F35Words in Sch. 3 rule 32 para. (4) omitted (1.1.1995) by virtue of S.I. 1994/3118, para. 30.

F36Words in Sch. 3 rule 32 para. (4) inserted (1.1.1995) by S.I. 1994/3118, para. 30.

F38Sch. 3 rule 32 para. (5) omitted (1.1.1995) by virtue of S.I. 1994/3118, para.31.

F39Sch. 3 rule 32 para. (5) inserted (1.1.1995) by S.I. 1994/3118, para. 31.

F40Words substituted by S.I. 1980/178, para. 9(1)

F41Words in Sch. 3 rule 26 para. (4) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F42Words substituted by S.I. 1984/1039, para. 18(3)

F43Words substituted by S.I. 1981/1650, para. 18(4)

F44Words repealed by S.I. 1980/178, para. 9(2)

F45Words inserted by S.I. 1980/178, para. 9(3)

F46Rule 26(7) inserted by S.I. 1980/178, para. 9(4)

F47Words in Sch. 3 rule 26 para. (7) amended (1.1.1995) by S.I. 1994/3118, para. 63, Sch.

F48Rule 26(8) (originally 26(7)) renumbered by S.I. 1980/178, para. 9(5)

F49Words substituted by S.I. 1973/1865, para. 15(5)

F50Word substituted by S.I. 1981/1650, para. 3(3)