DIOCESAN
SYNODS
Membership of Diocesan Synods
30. (1) A diocesan synod
shall consist of a house of bishops, a house of clergy and a house
of laity.
(2) The members of the house of bishops shall
consist of thany person or persons in episcopal orders nominatede
bishop of the diocese, every suffragan bishop of the diocese and
such other person or persons, being a person or persons in
episcopal orders working in the diocese, as the bishop of the
diocese, with the concurrence of the archbishop of the province,
may nominate.
(3) The bishop of the diocese shall be the president
of the diocesan synod.
(4) The members of the house of clergy shall consist
of -
(a) the following ex-officio1 members, that is
to say -
(i) any person or persons in episcopal orders
nominated by the bishop of the diocese, other than a suffragan
bishop or a person nominated under paragraph (2) of this rule;
(ii) the dean or provost of the cathedral
(including in appropriate dioceses, the Dean of Westminster, the
Dean of Windsor and the Deans of Jersey and Guernsey);
(iii) the archdeacons;
(iv) the proctors elected from the diocese or from
any university in the diocese (the University of London being
treated for this purpose as being wholly in the diocese of London)
to the Lower House of the Convocation of the Province, … ;
(v) any other member of that House, being the
person chosen by and from among the clerical members of religious
communities in the Province, who resides in the diocese;
(vi) the chancellor of the diocese (if in Holy
Orders); and
(vii) the chairman of the diocesan board of finance
and the chairman of the diocesan advisory committee (if in Holy
Orders);
(b) members elected by the houses of clergy
of the deanery synods in the diocese in accordance with the next
following rules; and
(c) not more than five members (being clerks in Holy
Orders) co-opted by the house of clergy of the diocesan synod.
(5) The members of the house of laity shall consist
of -
(a) the following ex-officio2 members, that is
to say -
(i) the chancellor of the diocese (if not in Holy
Orders);
(ii) the chairman of the diocesan board of finance
and the chairman of the diocesan advisory committee (if not in Holy
Orders);
(iii) the members elected from the diocese to the
House of Laity of the General Synod, … ;
(iv) any other member of that House, being an
ex-officio or co-opted member of the House of Laity of the General
Synod or a person chosen by and from among the lay members of
religious communities in the Province, who resides in the
diocese;
(b) members elected by the houses of laity of the
deanery synods in the diocese in accordance with the next following
rules; and
(c) not more than five members co-opted by the house
of laity of the diocesan synod, who shall be actual communicants of
sixteen years or upwards.
(6) The bishop of the diocese may nominate ten
additional members of the diocesan synod, who may be of the clergy
or the laity and shall be members of the appropriate house. Except
in regard to their appointment the nominated members shall have the
same rights and be subject to the same rules as elected members.
Where necessary the bishop's council and standing committee shall
designate the deanery synod of which the nominated member shall be
a member and, where a nominated lay person is on more than one
electoral roll, he shall choose the parochial church council of
which he is to be a member.
(7) No person shall be entitled to be a member of
more than one diocesan synod at the same time except -
(a) the chancellor of the diocese;
(b) a suffragan bishop appointed to act as a
provincial episcopal visitor for the purposes of the Episcopal
Ministry Act of Synod 1993 who, in addition to membership of the
diocesan synod of the diocese of which he is
suffragan, may be invited by the bishop of the diocese where he
resides to be a member of that diocesan synod in accordance with
paragraph (2) or paragraph (4)(a)(i) of this rule provided that he
shall exercise his vote on a matter referred by the General Synod
under Article 8 of the Constitution3 only in the
diocesan synod of the diocese of which he is suffragan.
(8) The registrar of the diocese and any deputy
registrar of the diocesan synod shall be disqualified from standing
for election to the diocesan synod or from being a nominated,
co-opted or ex-officio member of that synod.
Elections
of Members of Diocesan Synods by Deanery Synods
31. (1) The elections of
members of the diocesan synods 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 of
three years beginning with the 1st August next following their
election.
(2) Any clerk in Holy Orders who is a member of the
deanery synod … shall be qualified to be so elected by the house of
clergy of a deanery synod, and the electors shall be those whose
names and addresses are recorded in the register of clerical
electors being 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) Subject to the provisions of rule 1(4), any lay
person who is an actual communicant as defined in rule 54(1) of
sixteen years or upwards and whose name is entered on the roll of
any parish in the deanery or who is on 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 those whose names and addresses are recorded in
the register of lay electors other than persons co-opted to the
deanery synod under rule 24(7).
[proviso repealed.]
(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 in accordance with rule 32(4).
(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.
(6) The diocesan synod shall, not later than the
31st 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 … under rule
4:
Provided that at least two members shall be elected
by each house of every deanery synod.
(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.
(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-0 and not more than 270 and that the
numbers of the houses of clergy and laity are approximately
equal.
[proviso repealed.]
For the avoidance of doubt it is hereby declared
that the number 270 specified in this paragraph includes the
maximum number of members who may be co-opted by each house or
nominated by the bishop.
(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.
32. (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.
(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 which he is a member. The expenses
of elections shall be paid out of diocesan funds.
(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.
(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 despatched to every elector together
with a form of nomination in the form set out in section 6 of
Appendix I shall be delivered 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 twenty-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-0
words a factual statement for circulation with the voting papers of
the candidate's professional qualifications, present office and any
relevant past experience.
(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.
(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
either 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 31, make 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.
(7) The voting paper marked and, 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 fourteen days as he shall specify … No vote shall be
counted if given on a voting paper not in accordance with this
paragraph.
(8) Where voting 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 number of votes have been cast shall be taken by
lot by the presiding officer.
(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 39(7) and for the time being in force.
(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 the presiding
officer to every candidate not later than the 1st August in each
election year.
Variation
of Membership of Diocesan Synods by Scheme
33. (1) If it appears to the
diocesan synod that the preceding rules in this Part relating to
the membership of diocesan synods ought to be varied to meet the
special circumstances of the diocese and to secure better
representation of clergy or laity or both on the diocesan synod,
they may make a scheme for such variation, and if the scheme comes
into operation in accordance with the provisions hereinafter
applied, the said rules shall have effect subject to the
scheme.
[proviso repealed.]
(2) Paragraphs (2) to (5) of rule 26 shall apply to
schemes under this rule as it applies to schemes under that
rule.
Procedure of Diocesan Synods
34. (1) The diocesan synod
shall make standing orders which shall provide -
(a) that the bishop need not be chairman of its
meetings if and to the extent that standing orders otherwise
provide;
(b) that there shall be a secretary of the diocesan
synod;
(c) that a specified minimum number of meetings being
not less than two shall be held in each year;
(d) that a meeting of the diocesan synod shall be
held if not less than a specified number of members of the synod so
request;
(e) that subject to the three next following
sub-paragraphs, nothing shall be deemed to have the assent of the
diocesan synod unless the three houses which constitute the synod
have assented thereto but that if in the case of a particular
question (except a matter referred to the diocesan synod by the
General Synod under the provisions of Article 8 of the
Constitution4) the diocesan
bishop (if present) so directs, that question shall be deemed to
have the assent of the house of bishops only if the majority of the
members of that house who assent thereto includes the diocesan
bishop;
(f) that questions relating only to the conduct of
business shall be decided by the votes of all the members of the
diocesan synod present and voting, … ;
(g) that every other question shall be decided by the
votes of all the members of the diocesan synod present and voting,
the assent of the three houses being presumed, unless the diocesan
bishop (if present) requires or any ten members require that a
separate vote of each house be taken;
(h) that if the votes of the houses of clergy and
laity are in favour of any matter referred to the diocesan synod by
the General Synod under the provisions of Article 8 of Schedule 2
of this Measure'5 that matter shall
be deemed to have been approved for the purposes of the said
Article;
(i) that where there is an equal division of votes in
the house of bishops, the diocesan bishop shall have a second or
casting vote;
(j) that the diocesan bishop shall have a right to
require that his opinion on any question shall be recorded in the
minutes;
(k) that there shall be a bishop's council
and standing committee of the diocesan synod with such membership
as may be provided by standing orders and with the functions
exercisable by it under section 4(4)6 of the Measure and
such other functions as may be provided by the standing orders or
by these rules or by any Measure or Canon;
and may contain such further provisions consistent
with these rules as the diocesan synod shall consider
appropriate.
(2) No person shall be entitled to serve as a member
of more than one bishop's council and standing committee at the
same time.
(3) The registrar of the diocese shall be the
registrar of the diocesan synod, and may appoint a deputy.