Church Representation Rules r.43-54

PART VI
APPEALS AND DISQUALIFICATIONS

43. Enrolment appeals

(1) There shall be a right of appeal with regard to —

(a) any enrolment, or refusal of enrolment, on the roll of a parish or the registers of lay or clerical electors;

(b) the removal of any name, or the refusal to remove any name, from the roll of a parish or the registers of lay or clerical electors.

(2) The following persons shall have a right of appeal under this rule —

(a) a person who is refused enrolment on the roll or register;

(b) a person whose name is removed from the roll or register; or

(c) any person whose name is entered on the roll or register who wishes to object to the enrolment or removal of the name of any other person on that roll or register.

(3) Notice of the appeal shall be given in writing to the secretary of the diocesan synod.

(4) Notice of appeal shall be given not later than fourteen days from the notification of the enrolment, removal or refusal or not later than fourteen days after the last day of the publication (as provided by rule 2(3)) of a new roll or register or of a list of additions or removals from such roll or register.

(5) In any appeal arising under this rule the secretary of the diocesan synod shall refer any appeal to the standing committee of the diocese unless within that period the appellant withdraws the appeal in writing. The said committee shall appoint three or a greater number being an odd number of their lay members or clerical members as the case may be to consider and decide the appeal.

44. Election appeals

(1) There shall be a right of appeal with regard to —

(a) the allowance or disallowance of any vote given or tendered in an election under these rules or to a body constituted under or in accordance with these rules;

(b) the result of any election or choice held or made or purporting to be held or made under these rules, or any election or choice or members of a body constituted under or in accordance with these rules.

(2) The following persons shall have a right of appeal under this rule —

(a) an elector in the said election;

(b) a candidate in the said election;

(c) the chairman of the house of laity or the house of clergy of the diocesan synod or, in an election to the House of Laity of the General Synod, the Chairman and Vice-Chairman of that House of Laity as specified in paragraph (5) of this rule.

(4) Subject to paragraph (6) of this rule in the case of an appeal arising out of an election to the House of Laity of the General Synod or the diocesan synod notice of the appeal shall be given in writing to the chairman of the house of laity of the diocesan synod. In any other case concerning the laity, notice of the appeal shall be given in writing to the lay chairman of the deanery synod. Notices under this paragraph shall be given —

(a) in the case of an appeal against the allowance or disallowance of a vote, not later that fourteen days after such allowance or disallowance;

(b) in the case of an appeal against the result of an election or choice, not later that fourteen days after the day on which the result is declared by the presiding officer.

(5) The Chairman and Vice-Chairman of the House of Laity of the General Synod shall each have a right of appeal under this rule in accordance with paragraph (1) of this rule in respect of any election to the House of Laity of the General Synod in either of the Provinces of Canterbury or York and he shall give notice in writing of such appeal to the presiding officer concerned not later than three months after the result of the election has been declared by the said presiding officer. Provided that if the office of Chairman or Vice-Chairman is vacant when the result of the election is published the person who last held office shall be deemed to hold that office for the purposes of this rule.

(6) An error in the electoral roll or the registers of clerical or lay electors shall not be a ground of appeal against the result of any election unless —

(a) either it has been determined under this rule that there has been such an error or the question is awaiting determination under rule 43; and

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

and the allowance or disallowance of a vote shall not be a ground of appeal against the result of any election unless the allowance or disallowance would or might be material to the result of the election.

(8) An appeal arising out of an election or choice of members of the House of Laity of the General Synod shall, within the period of fourteen days of the appeal being lodged, be referred to the Chairman and Vice-Chairman of that House unless, within that period, the appellant withdraws the appeal in writing. Subject to paragraph (9) of this rule, the Chairman and Vice-Chairman acting jointly shall appoint three persons (one of whom shall be a qualified lawyer) from an appeal panel consisting of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury, the Vicar General of the Province of York and twelve members of the House of Laity of the General Synod nominated by the Appointments Committee of the Church of England to consider and decide the appeal.

(9) (a) Where the Chairman or Vice-Chairman of the House of Laity has given notice of appeal under paragraph (5) above, or where he comes from the diocese to which the appeal relates he shall take no part in the appointing of the three persons to hear the appeal and he shall not be appointed to hear the appeal.

(b) Where a member of the appeal panel comes from the diocese to which the appeal relates, or might otherwise have a benefit from the outcome of the election, he shall not be appointed to hear the appeal.

(10) In any appeal arising under this rule except an appeal arising out of an election of members of the House of Laity of the General Synod, the secretary of the diocesan synod shall refer any appeal to the standing committee of the diocese who shall appoint three or a greater number, being an off number, of their lay members to consider and decide the appeal.

(11) In any appeal arising under this rule to the House of Clergy of the diocesan synod the secretary of the said synod shall refer any appeal to the standing committee of the diocese. who shall appoint three or a greater number, being an odd number, of their clerical members to consider and decide the appeal.

(12) Where an appeal is pending under this rule in respect of an election to any synod any person who was declared elected in accordance with rule 39 but whose election is or may be affected by the appeal shall for all purposes be deemed to be a member of that synod until the appeal is heard or disposed of.

45. Appeals: general

For the purpose of the consideration and decision of any appeal under rules 43 and 44, persons appointed to consider and decide the appeal —

(a) shall consider all the relevant circumstances and shall be entitled to inspect all documents and papers relating to the subject matter of the appeal, and be furnished with all information respecting the same which they may require;

(b) shall give the parties to the appeal an opportunity of appearing before them in person or through a legal or other representative;

(d) shall, unless by consent of the persons appointed the appeal is withdrawn, determine the matter at issue, and in an election appeal shall determine whether —

(i) the person or persons whose election is complained of was or were duly elected;

(ii) the facts complained of amount to a minor infringement of the rules which did not affect the outcome of the election, in which event the appeal shall be dismissed; or

(iii) the facts complained of amount to a procedural irregularity in the conduct of the election, but that in all the relevant circumstances the appeal shall be dismissed; or

(iv) the election was void;

the determination so certified shall be final as to the matters at issue and, in any case in which there has been no valid election, the members shall direct a fresh election to be held and shall give such directions in connection therewith as they may think necessary;

(e) shall have power at any time to consent to the withdrawal of the appeal by an appellant subject to a determination in respect of costs in accordance with paragraph (f) of this rule;

(f) shall have power to direct that any party to an appeal shall be entitled to payment of costs by any other party or by the diocesan board of finance and to direct that a party shall be responsible for the reasonable expenses of the persons appointed to hear the appeal; save that in so far as the same have not been paid by any other person, the diocesan board of finance shall pay all expenses of the persons appointed to hear the appeal provided that the said board shall first be satisfied that they are reasonable in amount.

46. Vacation of seat by member ceasing to be qualified for election

(1) Where —

(a) any lay member of the diocesan synod, being a parochial representative, ceases to be entered on the roll of the parish by which he was elected;

(d) any elected member of the House of Laity of the General Synod ceases to have the qualification for entry on the roll of any parish in the diocese for which he was elected;

(e) any elected member of the House of Laity of the General Synod takes any paid office or employment as provided by rule 46A; or

(f) any member of a diocesan synod or of the House of Laity of the General Synod has his election declared void in accordance with the provisions of rule 45;

his seat shall, subject to the following provisions of this rule, forthwith be vacated.

(2) If the name of a person to whom paragraph (1)(a) of this rule applies is entered on the roll of any parish in the diocese other than that of the parish referred to in that paragraph, his seat shall not be vacated under this rule if, before the vacancy occurs, the parochial church council so resolve.

(5) If the lay members of the standing committee have determined before the vacancy occurs that a person to whom paragraph (1)(d) of this rule applies is able and willing to continue to discharge to their satisfaction the duties of a member of the House of Laity elected for that diocese, neither his seat as a member of that House nor as a lay member of the diocesan synod shall be vacated under this rule.

(5A) The lay members of the standing committee shall not later than one year after the determination referred to in paragraph (5) above and annually thereafter review the membership of a member to whom paragraph (1)(d) above applies and determine whether he is able and willing as mentioned in paragraph (5) above.

46A. Disqualifications

(b) A person shall be disqualified from being nominated, chosen or elected or from serving as a churchwarden or member of a parochial church council if he has been so disqualified from holding office under section 10(6) of the Incumbents (Pastoral Breakdown) Measure (Isle of Man) 1996;

(c) A person shall be disqualified from being nominated for election or from continuing to serve as a member of the General Synod if he holds or takes any paid office or employment appointment to which is or may be made or confirmed by the General Synod, the Convocations, the Archbishops' Council, the Central Board of Finance, the Church Commissioners for England (except that such disqualification shall not apply to any Commissioner so appointed in receipt of a salary or other emoluments), the Church of England Pensions Board or the Corporation of the Church House.

47. Ex-officio membership not to disqualify for election

No person shall be disqualified from being elected or chosen a member of any body under these rules by the fact that he is also a member ex-officio of that body; and no person shall be deemed to vacate his seat as such an elected or chosen member of any body by reason only of the fact that subsequently to his election or choice he has become a member of that body ex-officio.

PART VII
SUPPLEMENTARY AND INTERPRETATION

48. Casual vacancies

(1) Casual vacancies among the parochial representatives elected to the parochial church council or diocesan synod shall be filled as soon as practicable after the vacancy has occurred. Where the annual parochial church meeting is not due to be held within the next two months following the occurrence of the vacancy, a vacancy among the parochial representatives elected to the parochial church council may be filled, and a vacancy among the parochial representatives elected to the diocesan synod shall be filled, by the election by the parochial church council of a person qualified to be so elected. Returns of parochial representatives of the laity elected to fill one or more casual vacancies on the diocesan synod shall be sent by the secretary of the parochial church council to the diocesan electoral registration officer and to the secretary of the diocesan synod.

(3) Subject to paragraphs (1) and (6) of this rule, casual vacancies among persons elected under these rules shall be filled and elections to fill such casual vacancies shall be conducted in the same manner as ordinary elections.

(4) Elections to fill casual vacancies shall, where possible, be held at such times as will enable all casual vacancies among representatives of the laity who are electors to be filled at the time of every election to the House of Laity of the General Synod, but no such election shall be invalid by reason of any casual vacancies not having been so filled.

(5) (a) Subject to the provisions of this rule, an election to fill a casual vacancy in the House of Laity shall be completed, so far as possible, within six months from the occurrence of the vacancy and in the event of the vacancy not being filled within that period, the Chairman of the House of Laity of the General Synod may give directions to the presiding officer as to the date by which the vacancy must be filled.

(b) Where a casual vacancy occurs in the House of Laity of the General Synod and the period of holding a general election to that House is due to begin within twelve months of the vacancy, the vacancy shall not be filled unless the lay members of the standing committee, acting in accordance with any directions of the diocesan synod, otherwise direct.

(i) beginning with 1st August in the year of the last general election to that House, or

(ii) beginning with the date of the declaration of the result of an election to fill a casual vacancy where the election was conducted by voting papers in the same manner as a general election;

the election to fill the casual vacancy shall be conducted by those papers in accordance with paragraph (6) of this rule.

(6) (a) Where the election is to be conducted by the voting papers of a general election, the number of persons to be elected shall be the same as in the general election, provided that no continuing candidate elected during the original count shall be excluded.

(b) Where the election is to be conducted by the voting papers of an election other than the general election, the number of persons to be elected shall be calculated by adding together the number of persons previously elected using these voting papers who are still continuing as elected persons, and the number of casual vacancies to be filled, provided that no continuing candidate elected during the original count shall be excluded.

(c) The presiding officer for the area in question shall ask every candidate not elected in the previous election who is still qualified for election for the diocese in question if he consents to serve.

(d) If the number of candidates is the same as the places to be filled and he or they so consent or only one of those candidates so consents he shall be elected to fill the casual vacancy.

(e) If more candidates than places to be filled so consent the votes validly cast in the preceding election shall be recounted from the beginning in accordance with the rules mentioned in rule 39(8), the presiding officer having first withdrawn those candidates who do not consent or are no longer eligible for election.

(7) An election to fill a casual vacancy in either house of the diocesan synod shall be completed within six months from the occurrence of the vacancy, provided that where a casual vacancy occurs in either house and the period for holding a general election to that house is due to begin within nine months of the vacancy, the vacancy shall not be filled unless the members of the standing committee who are from the same house otherwise direct.

(8) The preceding provisions of this rule shall apply, so far as applicable and with the necessary modifications, to the choosing of persons under these rules as it applies to the election of persons thereunder, and shall also apply to the election or choosing of members of any body constituted under or in accordance with these rules.

(9) Any person elected or chosen to fill a casual vacancy shall hold office only for the unexpired portion of the term of office of the person in whose place he is elected or chosen.

(11) In calculating the period of six months referred to in paragraphs (5) and (7) of this rule -

(a) where during the course of an election irregularities are found which are of such a kind that the presiding officer is of the opinion that he should declare the proceedings null and void, he shall so declare and shall notify all electors of the declaration and shall cause a fresh election to be held which shall be completed within the period of six months from the date of the notice to the elections of the fresh election;

(b) where in an appeal a determination is made that there has been no valid election and the presiding officer is directed to hold a fresh election, the period of six months shall run from the date of such direction.

(12) In this rule the expression "casual vacancy" includes the case where insufficient candidates have been nominated to fill the places available.

49. Resignations

Any person holding any office under these rules or being a member of any body constituted by or under these rules may resign his office or membership by notice in writing signed by him and sent or given to the secretary of the body of which he is an officer or member, as the case may be; and his resignation shall take effect on the date specified in the notice or, if no date is specified, on the receipt of the notice by the secretary of that body.

50. Notices

Any notice or other document required or authorised to be sent or given under these rules shall be deemed to have been duly sent or given if sent through the post addressed to the person to whom it is required or authorised to be sent or given at that person's last known address.

51. Constraints in elections

(1) If in any election conducted in accordance with these rules it is a requirement that a given number or not less than a given number of places of those elected shall be filled by candidates of a named category, the presiding officer shall follow the procedure set out in paragraphs (2) to (4) of this rule.

(2) The presiding officer shall examine the nomination papers to ascertain if the number of candidates nominated in any named category is less than or equal to the required given number.

(3) If the number of candidates nominated in any named category is less than or equal to the required given number, those candidates shall be declared to be elected and their names shall not be included on the voting paper and thereafter the requirement shall be disregarded and the election shall proceed with the number of seats to be filled being reduced by the number of persons declared elected.

(4) The presiding officer shall circulate with the voting papers a separate notice giving the names of any who have been declared elected in accordance with paragraph (3) of this rule.

52. Revocation and variation of rules etc.

Subject to the provisions of these rules any power conferred by these rules to make, approve, frame, pass or adopt any rule, order, resolution, determination, decision, appointment or scheme, or to give any consent or settle any constitution, or to prescribe the manner of doing anything, shall be construed as including a power, exercisable in a like manner and subject to the like conditions, to revoke or vary any such rule, order, resolution, determination, decision, appointment, scheme, consent or constitution, or anything so prescribed.

53. Special provisions

(1) In the carrying out of these rules in any diocese the bishop of such diocese shall have power -

(a) to make provision for any matter not herein provided for;

(b) to appoint a person to do any act in respect of which there has been any neglect or default on the part of any person or body charged with any duty under these rules;

(c) so far as may be necessary for the purpose of giving effect to the intention of these rules, to extend or alter the time for holding any meeting or election or to modify the procedure laid down by these rules in connection therewith, provided that such power shall not be exercised in relation to the conduct of the elections referred to in rules 33 and 39 of these rules;

(d) subject to paragraph (1)(c) of this rule, in any case in which difficulties arise, to give any directions which he may consider expedient for the purpose of removing the difficulties.

(2) The powers of the bishop under this rule shall not enable him -

(a) to validate anything that was invalid at the time when it was done;

(b) to give any direction that is contrary to any resolution of the General Synod.

(3) No proceedings of any body constituted under these rules shall be invalidated by any vacancy in the membership of that body or by any defect in the qualification, election or appointment of any members thereof.

(4) No proceedings shall be invalidated by the use of a form which differs from that prescribed by these rules if the form which has in fact been used is to a substantially similar effect. Any question as to whether the form which has been used is to a substantially similar effect shall be determined by the bishop.

(5) In the case of an omission in any parish to prepare or maintain a roll or form or maintain a council or to hold the annual meeting, the rural dean, upon such omission being brought to his notice, shall ascertain and report to the bishop the cause thereof.

(6) During a vacancy in an archbishopric or where by reason of illness an archbishop is unable to exercise his functions under these rules or to appoint a commissary under paragraph 10 of this rule the functions of an archbishop under these rules shall be exercisable by the other archbishop.

(7) During a vacancy in a diocesan bishopric the functions of a diocesan bishop under these rules, including his functions as president of the diocesan synod, shall be exercisable by such person, being a person in episcopal orders, as the archbishop of the province may appoint.

(8) Where by reason of illness a diocesan bishop is unable to exercise his functions under these rules or to appoint a commissary under paragraph (10) of this rule, the archbishop of the province may, if he thinks it necessary or expedient to do so, appoint a person in episcopal orders to exercise the functions mentioned in paragraph (7) of this rule during the period of the bishop's illness.

(9) If a person appointed in pursuance of paragraph (7) or (8) of this rule becomes unable by reason of illness to act under the appointment, the archbishop may revoke the appointment and make a fresh one.

(10) An archbishop or diocesan bishop may appoint a commissary and delegate to him all or any of the functions of the archbishop or bishop under these rules, but if a bishop proposes to delegate a commissary his functions as president of the diocesan synod he shall appoint a person in episcopal orders as commissary.

(11) If a person appointed in pursuance of paragraph (7) or (8) of this rule, or a person to whom the functions of a bishop as president of the diocesan synod are delegated under paragraph (10) of this rule, is a member of the house of clergy of the diocesan synod, his membership of that house shall be suspended during the period for which the appointment or delegation has effect.

54. Meaning of minister, parish and other words and phrases

(1) In these rules -

"actual communicant" means a person who has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment being a person whose name is on the roll of a parish and is either -

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

(b) receiving Holy Communion in accordance with the provisions of Canon B15A paragraph 1(b);

"chapelry" means the district assigned to one of the chapels specified in Part I of Appendix III;

"the Measure" means the Synodical Government Measure 1969;

"minister" means -

(a) in relation to an ecclesiastical parish or the chapelry of a chapel constituted a benefice, the incumbent of the parish or chapel;

(b) in relation to any other chapelry, the incumbent of the ecclesiastical parish in which the chapel of the chapelry is situated;

(c) a curate licensed to the charge of a parish or a minister acting as priest-in-charge of a parish in which rights of presentation are suspended;

(d) a vicar in a team ministry to the extent that the duties or a minister are assigned to him by a pastoral scheme or his licence from the bishop;

"parish" means an ecclesiastical parish (excluding any part of a chapelry) or a chapelry;

"public worship" means public worship according to the rites and ceremonies of the Church of England.

(1A) The Church Commissioners for the Isle of Man shall, with the consent of the bishop, by order assign a district to every chapel specified in Part I of Appendix III to these Rules, and every such order shall be laid before the diocesan synod and recorded in the diocesan registry of the diocese of Sodor and Man.

NOTE: Districts are assigned to chapelries by the Chapelries Order 1990 (GC 360/90).

(2) Any reference in these rules to the laity shall be construed as references to persons other than clerks in Holy Orders, and the expression "lay" shall be construed accordingly.

(5) If any question arises whether a Church is a Church in communion with the Church of England, it shall be conclusively determined for the purposes of these rules by the Archbishops of Canterbury and York.

(6) In these rules words importing residence include residence of a regular nature but do not include residence of a casual nature.

(7) Any reference herein to "these rules" shall be construed as including a reference to the Appendices hereto.

PART VI APPEALS AND DISQUALIFICATIONS