Church Representation Rules online - part 6

Part 6 Appeals (Rules 57 to 61)

APPEALS

Enrolment appeals

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.

(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, and

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

(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).

Election appeals

58  (1)   An appeal may be made against the allowance or disallowance of a vote in –

(a) an election held under these Rules, or

(b) an election to a body constituted in accordance with these Rules.

(2)   An appeal may be made against the result of –

(a) an election or choice held or made (or purporting to be held or made) under these Rules, or

(b) an election to a body constituted in accordance with these Rules.

(3)   An error in the roll of a parish or the register of clerical or lay electors is not a ground of appeal against the result of an election unless –

(a) it has been determined on an appeal under Rule 57 that an error was made in the roll or register or the question is awaiting determination on an appeal under that Rule, and

(b) the error would or might be material to the result of the election in question.

(4)   The allowance or disallowance of a vote is not a ground of appeal against the result of an election unless the allowance or disallowance would or might be material to the result of the election.

(5)   An appeal under this Rule may be brought by –

(a) a candidate in the election,

(b) an elector 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).

(6)   On an appeal under this Rule arising out of an election to a diocesan or deanery synod, 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 the synod pending the determination of the appeal.

(7)   Notice of an appeal under this Rule –

(a) must be in writing, and

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

(8)   Notice of an appeal under this Rule arising out of an election to the house of laity of a diocesan synod must be given to the chair of that house; notice of any other appeal under this Rule concerning laity must be given to the lay chair of the deanery synod.

(9)   Notice of an appeal under this Rule arising out of an election to the house of clergy of a diocesan synod must be given to the chair of that house.

(10) Notice of an appeal under paragraph (1) must be given no later than 14 days after –

(a) the vote in question was allowed or disallowed, or

(b) if the appeal is being brought on the ground referred to in paragraph (3) but an appeal under Rule 57 has yet to be determined, the determination of that appeal.

(11) Notice of an appeal under paragraph (2) must be given no later than 14 days after –

(a) the result of the election or choice is declared, or

(b) if the appeal is being brought on the ground referred to in paragraph (3) but an appeal under Rule 57 has yet to be determined, the determination of that appeal.

(12) Paragraphs (1) and (2) do not apply in the case of an election to the House of Laity of the General Synod, as to which see rule 59.

(13) For provision as to appeals relating to the election of a churchwarden, see section 5A of the Churchwardens Measure 2001.

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

59  (1)   The General Synod must make rules providing for –

(a) a right of appeal against the allowance or disallowance of a vote in an election to the House of Laity of the General Synod, and

(b) a right of appeal against the result of an election to or choice of members of that House.1

(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.

(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.

Referral of appeal to bishop’s council and standing committee

60  (1)   The person to whom a notice of an appeal under Rule 57 or 58 is given must, within 14 days of receiving the notice, refer the appeal to the bishop’s council and standing committee of the diocese (unless the appellant has in the meantime given written notice to withdraw the appeal).

(2)   On receiving a referral under paragraph (1), the bishop’s council and standing committee must appoint a panel to decide the appeal.

(3)   If a purported notice of appeal under Rule 57 or 58 is given out of time, the person to whom it is given must, within 14 days of receiving the notice, refer the notice to the bishop’s council and standing committee of the diocese (unless the person giving the notice has in the meantime given written notice to withdraw it).

(4)   On receiving a referral under paragraph (3), the bishop’s council and standing committee must appoint a panel to decide whether, even though the purported notice of appeal was given out of time, the panel will nonetheless hear the appeal.

(5)   The members of a panel appointed under paragraph (2) or (4) are –

(a) where the case relates to clergy, three or any larger odd number of the clerical members of the bishop’s council and standing committee;

(b) where the case relates to laity, three or any larger odd number of its lay members.

(6)   Where a panel appointed under paragraph (4) decides to hear the appeal –

(a) the period under Rule 57(8) or 58(10) or (11) for giving notice of appeal in that case is to be treated as having been extended so far as necessary, and

(b) the appeal is to be treated as having been brought under Rule 57 or 58 (as the case may be) and referred to the panel for decision.

(7)   Once an appeal is referred under paragraph (1) or a notice is referred under paragraph (3), the appellant may withdraw it only with the consent of the panel.

Determination of appeal

61  (1)   The panel to whom an appeal is referred under Rule 60 must, in deciding the matter at issue, consider all relevant circumstances; and for that purpose, the panel –

(a) may inspect any documents and papers relating to the subject-matter of the appeal, and

(b) is entitled to be provided with such information relating to the appeal as it may require.

(2)   The panel must give the parties to the appeal an opportunity to appear before it in person or by a legal or other representative.

(3)   On an appeal under Rule 58, the panel must come to one of the following decisions –

(a) that a person whose election is the subject of the appeal was duly elected;

(b) that the matter at issue amounts to a minor infringement which did not affect the outcome of the election and that the appeal should accordingly be dismissed;

(c) that the matter at issue amounts to a procedural irregularity in the conduct of the election but that the appeal should nonetheless in all the circumstances be dismissed;

(d) that the election is void.

(4)   A decision under paragraph (3) is final as to the matter at issue.

(5)   Where the panel makes the decision under paragraph (3)(d), it –

(a) must direct that a fresh election is to be held, and

(b) may give whatever further directions it thinks necessary.

(6)   The panel on an appeal may direct that a party to the appeal must pay the whole or part of the panel’s reasonable expenses; and if the panel does so direct, it must specify the amount which that party must pay.

(7)   The diocesan board of finance must pay the panel’s reasonable expenses, in so far as they are not paid under paragraph (6).

Notes

1 These rules will be published on the Church of England website when they have been made by the General Synod.