The Church Representation Rules (Amendment) (No. 1) Resolution 1989
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ECCLESIASTICAL LAW, ENGLAND The Church Representation Rules (Amendment) (No. 1) Resolution 1989
1(1) In rule 10, at the end of paragraph (9) there shall be added}N
(2) In rule 10, for paragraph (10) there shall be substituted-
(3) In rule 10A after paragraph (1) there shall be inserted-
(3) Where applications for postal votes have been received by the date specified in the notice convening the annual meeting and where the number of candidates nominated for an election referred to in paragraph (2) of this rule is greater than the number of seats to be filled, the annual meeting shall appoint a presiding officer who shall not be a candidate in the election. Voting papers shall be distributed to each person present at the meeting entitled to vote and completed papers shall be returned into the custody of the presiding officer before the close of the meeting. The presiding officer shall ensure that persons who have made application for a postal vote shall be sent or have delivered a voting paper within 48 hours of the close of the meeting such paper to be returned to the presiding officer within such period of not less than 7 days nor more than 14 days from the date of the meeting as the presiding officer shall specify."
(4) In rule 10A in paragraph (4) as renumbered at the end of the paragraph there shall be inserted-
2. In rule 12 in paragraph (1)(g) after the words "this paragraph" there shall be inserted the words "or two persons whichever shall be the greater," .
3. In rule 16, after paragraph (5) there shall be inserted-
4.(1) In rule 17A, in paragraph 1(c) at the end there shall be inserted-
(2) In rule 17A, in paragraph (2) for the words "paragraph 3(7)" there shall be substituted the words "paragraph 4(3)" .
5. For rule 18 there shall be substituted- "SPECIAL MEETINGS 18.(1) In addition to the annual meeting the minister of a parish may convene a special parochial church meeting, and he shall do so on a written representation by not less than one-third of the lay members of the parochial church council; and the provisions of these rules relating to the convening and conduct of the annual meeting shall, with the necessary modifications, apply to a special parochial church meeting. (2) All lay persons whose names are entered on the roll of the parish on the day which is twenty-one clear days before the date on which any special parochial church meeting is to be held shall be entitled to attend the meeting and to take part in its proceedings, and no other lay person shall be so entitled. (3) A clerk in Holy Orders shall be entitled to attend any such meeting and to take part in its proceedings if by virtue of rule 5(3), (4) or (5) he would have been entitled to attend the annual meeting of the parish had it been held on the same date, and no other such clerk shall be so entitled. EXTRAORDINARY MEETINGS 18A.(1) On a written representation made to the archdeacon by not less than one-third of the lay members of the parochial church council, or by one tenth of the persons whose names are on the roll of the parish, and deemed by the archdeacon to have been made with sufficient cause, the archdeacon shall convene an extraordinary meeting of the parochial church council or an extraordinary parochial church meeting, and shall either take the chair himself or shall appoint a chairman to preside. The chairman, not being otherwise entitled to attend such meeting, shall not be entitled to vote upon any resolution before the meeting. (2) In any case where the archdeacon is himself the minister, any representation under paragraph (1) of this rule shall be made to the bishop, and in any such case the references to the archdeacon in paragraph (1) of this rule shall be construed as references to the bishop, or to a person appointed by him to act on his behalf. (3) Paragraphs (2) and (3) of rule 18 shall apply in relation to an extraordinary parochial church meeting under this rule as they apply in relation to a special parochial church meeting under that rule with the modification that for the word "special" in paragraph (2) there shall be substituted the word "extraordinary" ."
6.(1) In rule 19 after paragraph (2B) there shall be inserted-
(2) In rule 19, in paragraph (4) at the end there shall be inserted-
7. After rule 23 there shall be inserted- "Diocesan Electoral Registration Officer 23A. In every diocese, there shall be a diocesan electoral registration officer who shall be appointed by the bishop's council and standing committee of the diocesan synod and who shall record the names and addresses of all members of the House of Clergy and House of Laity of the deanery synods in the diocese in two registers (in these rules respectively referred to as "the register of clerical electors" and "the register of lay electors" ); the members co-opted to the house shall be listed separately in the appropriate register."
8.(1) In rule 25, in paragraph (2) leave out the words "the members of that house" and insert the words "those whose names and addresses are recorded in the register of clerical electors" . (2) In rule 25, in paragraph (3) leave out the words "the members of that house" and insert the words "those whose names and addresses are recorded in the register of lay electors" . (3) In rule 25, after paragraph (3) there shall be inserted-
(3B) 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."
9.(1) In rule 26, for paragraphs (1) and (2) there shall be substituted-
(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 of a deanery synod of which he is a member. The expenses of elections shall be paid out of diocesan funds. (2A) 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." (2) In rule 26, in paragraph (3) the words "not earlier than 1st May in each election year" shall be omitted. (3) In rule 26, after paragraph (3) there shall be inserted-
10. In rule 29, after paragraph (3) there shall be inserted-
(5) 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."
11.(1) In rule 33, after paragraph (2) there shall be inserted-
(2) In rule 33, after paragraph (3) there shall be inserted-
(3B) It shall be the duty of the presiding officer in any election under these rules to seek to ensure that during the period beginning on the date on which nominations are invited and ending on the last date for the return of voting papers, no papers or other literature are circulated to the electors by him or by or under authority of the diocesan synod or any deanery synod save election addresses prepared by the candidates under paragraph (3) above and such material relating exclusively either to the conduct of the election or to the business of the diocesan synod or any deanery synod as the presiding officer shall personally have approved." (3) In rule 33, in paragraph (4) at the beginning there shall be inserted the words "Subject to rule 41A," . (4) In rule 33, in paragraph (5) for the word "notice" there shall be substituted the words "not less than seven days notice in writing." (5) In rule 33, for paragraph (6) there shall be substituted-
12. For rule 36 there shall be substituted- "ENROLMENT APPEALS 36.(1) There shall be a right of appeal with regard to-
(2) The following persons shall have a right of appeal under this rule-
(3) In an appeal concerning the roll of a parish, notice of the appeal shall be given in writing to the lay chairman of the deanery synod and in an appeal concerning the register of lay or clerical electors notice of the appeal shall be given in writing to the Chairman of the House of Laity or the Chairman of the House of Clergy of the diocesan synod as the case may be. (4) Notice of appeal shall be given not later than fourteen days after the date of enrolment, removal or refusal or if the appeal arises on the revision of the roll or register or the preparation of a new roll or register, not later than fourteen days after the first publication of the revised or new roll or register. (5) In any appeal arising under this rule the chairman of the House concerned of the Diocesan Synod or the lay chairman of the deanery synod, as the case may be, shall within fourteen days refer any appeal to the bishop's council and standing committee of the diocese unless within that period the appellant withdraws the appeal in writing. The said bishop's council 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. ELECTION APPEALS 36A.(1) There shall be a right of appeal with regard to-
(2) The following persons shall have a right of appeal under this rule-
(3) The provisions of this rule (except paragraph (5)), insofar as they confer a right of appeal by any person referred to in paragraph (2) above against the result of an election and provide for notice of an appeal and the determination thereof, shall apply in relation to an election to the House of Laity of the General Synod by the diocesan electors of the diocese in Europe. (4) 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:
(5) 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-
(6) An error in the electoral roll of a chaplaincy or in the register of lay electors in the diocese in Europe shall not be a ground of appeal against the result of an election to the House of Laity of the General Synod by the diocesan electors of that diocese unless-
(7) 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 Standing Committee of the General Synod unless within that period the appellant withdraws the appeal in writing. Subject to paragraph (8) hereof, the said Standing Committee shall appoint three or a greater number, being an odd number, from an appeal panel consisting of the lay members of the said Standing Committee and such of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury and the Vicar General of the Province of York as are not in Holy Orders to consider and decide the appeal. (8) Where the chairman or vice-chairman of the House of Laity has given notice of appeal as provided by paragraph (2)(c) above or where a member of the Standing Committee comes from the diocese to which the appeal relates, he shall not be appointed to hear the appeal. (9) In any appeal arising under this rule except an appeal arising out of an election to the House of Laity of the General Synod, the Chairman of the House of Laity of the diocesan synod or the lay chairman of the deanery synod, as the case may be, shall refer any appeal to the bishop's council and standing committee of the diocese. (10) In any appeal arising under this rule to the House of Clergy of the diocesan synod the Chairman of the House of Clergy of the said synod shall refer any appeal to the bishop's council and 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.
13.(1) In rule 37, in paragraph (1) after sub-paragraph (e) there shall be inserted-
(2) In rule 37, paragraph (5) for the words "should remain a member of the House of Laity" there shall be substituted the words "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," .
14.(1) In rule 39, for paragraph (1) there shall be substituted-
(2) In rule 39, in paragraph (3) for the words "by elections" there shall be substituted the words "and elections to fill such casual vacancies shall be" . (3) In rule 39, for paragraphs (5) and (6) there shall be substituted-
(4) In rule 39, paragraph (7) shall be renumbered (6) and, at the beginning thereof, there shall be inserted-
(5) In rule 39, after paragraph (6) as re-numbered there shall be inserted-
(6) In rule 39(10) the words "and (6)" shall be omitted. (7) In rule 39, after paragraph (10) there shall be inserted-
(12) In this rule the expression "casual vacancy" includes the case where insufficient candidates have been nominated to fill the places available."
15. After rule 41 there shall be inserted- "Constraints in Elections 41A.(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) hereof."
16.(1) In rule 43, in paragraph (1), sub-paragraph (d) shall be omitted and sub-paragraph (e) shall be re-numbered (d). (2) In rule 43, in paragraph (1)(d) as re-numbered there shall be inserted at the beginning of the sub-paragraph-
17.(1) In Appendix I, in section 2 after the word "exhibited" , there shall be inserted the words-
(2) In Appendix I, in section 2 for the words "Forms of application for enrolment can be obtained from the undersigned, and should be returned, if possible, in time for the Revision" there shall be substituted-
(3) In Appendix I, in section 3 the words "if possible" shall be omitted. (4) In Appendix I, in section 3 for the words "Forms of application for enrolment can be obtained from the undersigned" , there shall be substituted-
(5) In Appendix I, in section 4 at the end after the words "may be a sidesman" there shall be inserted a new paragraph-
** This paragraph should be deleted if no scheme for postal voting is in operation in the parish." (6) In Appendix I, after section 4 there shall be inserted- "APPLICATION FOR POSTAL VOTE Parish of .......... I (Full Christian name and surname) of (Full postal address) declare that my name is entered on the church electoral roll of the above parish and I hereby make application for a postal vote in any elections to which postal voting applies to be held at the forthcoming annual parochial church meeting for the parish. The voting paper should be sent or delivered to me at the above address OR(001) at the following address .......... Dated ..........19.......... Signed .......... (7) In Appendix I, in section 6 the words "and Profession or Occupation" shall be omitted. (8) In Appendix I, in sections 7 and 8 the words "and descriptions" shall be omitted.
18.(1) In Appendix II, in paragraph 4(b) for the word "sent" there shall be substituted the words "posted or delivered" and at the end of the sub-paragraph there shall be inserted-
(2) In Appendix II, in paragraph 5-
(3) In Appendix II, in paragraph 14(a) at the end of the sub-paragraph there shall be inserted-
19.(1) This resolution may be cited as the Church Representation Rules (Amendment) (No. 1) Resolution 1989, and the Church Representation Rules (Amendment) Resolutions 1973 to 1984 and this Resolution may be cited together as the Church Representation Rules (Amendment) Resolutions 1973 to 1989. (2) Any reference in this Resolution to a numbered rule or Appendix is a reference to the rule or Appendix, as the case may be, bearing that number in the Church Representation Rules, as amended by the Church Representation Rules (Amendment) Resolutions 1973 to 1984 and by the Diocese in Europe Measure 1980. (3) This Resolution shall come into force on the first day of January 1990.
(This Note is not part of the Resolution)
ISBN 0 11 098094 8 Notes: [2] S.I. 1973/1865, 1980/178, 1981/959, 1650, 1984/1039, 1040. back |
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