PART 5
HOUSE OF LAITY OF THE GENERAL SYNOD

46 Membership

(1) The members of the House of Laity of the General Synod are —

(a) each person elected by the diocesan electors of each diocese (see Rule 54),

(b) each representative elected under the Channel Islands (Representation) Measure 1931,

(c) two lay persons elected or chosen by and from the members of religious communities having their mother house in either province, with the election or choice being made in such manner as the rules under Rule 56 provide,

(d) each person who is an ex officio member under Rule 47,

(e) each person who is co-opted under Rule 48, and

(f) at least three but no more than four other persons, each of whom is an actual communicant and who is elected or chosen as soon as practicable after a dissolution of the Synod in such manner as the Armed Forces Synod may decide r, in so far as provision is not made in that manner, in such manner as the rules under Rule 56 provide.

(2) The term of office of a member of the House of Laity under paragraph (1)(a), (b), (c) or (f) is (subject to termination or resignation) for the lifetime of the Synod for which the member is elected or chosen; but that does not prevent the person from doing either of the following during a dissolution of the Synod —

(a) acting under Article 3(4) of the Constitution (under which a person may continue to act as a member of a body of the Synod);

(b) continuing to be an ex officio member of a body constituted under these Rules.

(3) The deadline for qualifying as a member of a religious community for the purposes of paragraph (1)(c) is 6.00 a.m. on —

(a) the date of the dissolution of the Synod, or

(b) where there is a casual vacancy, the date on which nomination papers are issued.

(4) The total number of persons elected or chosen under the following provisions taken together must not exceed seven —

(a) paragraph (1)(f) of this Rule,

(b) in Canon H2 (representation of the clergy in the Lower House of the Convocations), paragraph 1(d) in the form which it takes in relation to the Province of Canterbury, and

(c) in Canon H3 (constitution of the Upper Houses of the Convocations), paragraph 1(bb).

(5) For the purposes of this Part of these Rules, the diocese in Europe is to be treated as a diocese in the province of Canterbury.

47 Ex officio members

(1) Each of the following, if not in Holy Orders, is an ex officio member of the House of Laity —

(a) the Dean of the Arches and Auditor,

(b) the Vicar-General of the Province of Canterbury,

(c) the Vicar-General of the Province of York,

(d) each of the three Church Estates Commissioners,

(e) the Chair of the Church of England Pensions Board,

(f) each member of the Archbishops' Council who is an actual communicant, and

(g) the Chair of the Dioceses Commission.

(2) An ex officio member has the same rights and is subject to the same requirements as an elected member.

48 Co-option

(1) The House of Laity may co-opt a lay person aged 18 or over who is an actual communicant; but the number of co-opted members may not at any time exceed five.

(2) A person may be co-opted only if at least two-thirds of the Standing Committee of the House of Laity have consented, either at a meeting or in writing.

(3) A co-opted member has the same rights and is subject to the same requirements as an elected member.

(4) A co-opted member serves until the next dissolution of the Synod, subject to paragraph (5); but that does not prevent the member from doing either of the following during a dissolution of the Synod —

(a) acting under Article 3(4) of the Constitution (under which a person may continue to act as a member of a body of the Synod);

(b) continuing to be an ex officio member of a body constituted under these Rules.

(5) The House of Laity may impose a shorter term of membership on a co-opted member than would otherwise be the case.

(6) Paragraphs (4) and (5) do not prevent a person from being co-opted on one or more subsequent occasions.

(7) The House of Laity may by standing orders make provision to regulate the procedure for the appointment of co-opted members and provision which is incidental to such appointments or which otherwise gives effect to this Rule.

49 Numbers

One member of the House of Laity shall be elected by the diocesan electors of the diocese of Sodor and Man.

50 Qualifications for election

(1) A lay person is qualified for election for a diocese by the diocesan electors of that diocese if he or she meets —

(a) each of the first, second and third conditions, and

(b) one of the fourth and fifth conditions.

(2) The first condition is that the person has received Communion according to the use of the Church of England, or a Church in communion with it, at least three times in the twelve months preceding the relevant day.

(3) The second condition is that the person —

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

(b) comes within paragraph 1(b) of Canon B 15A (communicant member of Church which subscribes to doctrine of Holy Trinity).

(4) The third condition is that the person is aged 18 or over on the relevant day.

(5) The fourth condition is that the person's name is, as at 6.00 a.m. on the relevant day on the roll of a parish in the diocese.

(7) The fifth condition is that the person has, at any time in the period of two months beginning one month before the relevant day, been declared by the leader of a mission initiative in the diocese to be part of the worshipping community involved in the initiative.

(8) A person who is on the roll of more than one parish must choose one of those parishes for the purposes of this Rule.

(10) The “relevant day” means —

(a) the date of the dissolution of the Synod, or

(b) in the case of an election to fill a casual vacancy, the date on which nomination papers are issued.

51 Electoral areas

The diocese of Sodor and Man is an electoral area for the purposes of elections to the House of Laity.

52 Timing

(1) The elections to the House of Laity are to be carried out in the period of three months immediately following a dissolution of the General Synod.

(2) The elections are to be carried out in each diocese during such part of that three-month period as the Presidents of the Synod jointly decide.

(3) This Rule has effect subject to any directions given by the General Synod or the Presidents.

53 Presiding officer

(1) For an election to the House of Laity, the presiding officer in each diocese is —

(a) the registrar of the diocese or a person appointed by him or her with the approval of the registrar of the province, or

(b) if the registrar of the diocese is a candidate in the election, a person appointed by the registrar of the province.

(2) The Business Committee must nominate an independent body which it is satisfied would be able to assist each presiding officer with the conduct of an election in the diocese to the House of Laity (including the issue of invitations to nominate and the lodging of nominations), in so far as the election involves a system of electronic voting.

(3) The presiding officer of each diocese must appoint the body nominated under paragraph (2) and may not appoint any other body or any individual for that purpose.

(4) The provincial registrars must jointly make rules imposing duties on the presiding officer in each diocese in connection with elections to the House of Laity held in that diocese.

(5) Rules under paragraph (4) are of no effect unless the Business Committee has approved them.

(6) In relation to an election of a representative of the diocese of Sodor and Man the rules have effect subject to whatever modifications are necessary.

54 Entitlement to vote

(1) A person is entitled to vote in an election to the House of Laity held in a diocese if, at the close of nominations, the person is a diocesan elector in that diocese.

(2) In the diocese of Sodor and Man, the diocesan electors are the members of the house of laity of the diocesan synod, apart from a lay member of a religious community with separate representation in the General Synod under rule 46(1)(c).

(2A) The diocesan electoral registration officer must record in a register (the "register of lay electors") the name and address of each of the members of the house of laity of the diocesan synod referred to in paragraph (1).

(2B) Where the diocesan electoral registration officer has been provided with an email address for a member of the house of laity, the address recorded for that member in the register must include that email address.

(4) The deadline for qualifying as a diocesan elector in an election to the House of Laity is 6.00 a.m. on —

(a) the date of the dissolution of the Synod, or

(b) in the case of an election to fill a casual vacancy, the date on which invitations to nominate are issued.

(8) The diocesan electoral registration officer must, no later than seven days before invitations to nominate are issued under Rule 55, give a copy of the names and addresses (with any corrections required having been made) to the presiding officer in the election.

(9) The register of lay electors must be available for inspection at the diocesan office during the period beginning with the issue of invitations to nominate under Rule 55 and ending with the close of nominations.

(10) The register of lay electors must, in the form in which it is made available for inspection, include the name of each elector but no other personal data.

(11) Corrections to the register may be made up until the close of nominations; but after the close of nominations, no names may be added to or removed from the register until the declaration of the result of the election.

55 Nomination

(1) A candidate for election in a diocese to the House of Laity must be nominated by two persons, each of whom is a diocesan elector in the diocese.

(2) The presiding officer in each diocese must ensure that each diocesan elector in the diocese is issued with an invitation to nominate.

(3) If a person who is qualified for election but is not a diocesan elector requests a nomination paper, the presiding officer must ensure that the person is issued with a nomination paper.

(4) The presiding officer must determine the period within which nominations are to be given to him or her; and the period so determined must be at least 28 days beginning with the day after that on which the invitations to nominate are issued.

(5) The presiding officer must ensure that, when an invitation to nominate is issued to a person, the person is also given written notification of when nominations close.

56 Election rules

(1) The General Synod must make rules relating to the conduct of an election to the House of Laity (including an election to fill a casual vacancy).

(2) The rules may, in particular, make provision as to —

(a) the system by which, and the manner in which, the election is to be conducted;

(b) the process for issuing invitations to nominate and for the lodging and scrutiny of nominations;

(c) the conditions for the validity of a nomination;

(d) the preparation, circulation and distribution of election addresses and other election papers;

(e) the conditions for the validity of a vote in the election;

(f) the functions which the presiding officer is required or authorised to carry out in connection with the election;

(g) the assistance which the body nominated under Rule 53(2) may provide to a presiding officer;

(h) the entitlement of a presiding officer to a fee for the exercise of a function in connection with the election and the entitlement of the body nominated under Rule 53(2) to a fee for the assistance it provides to a presiding officer;

(i) the liability to pay the expenses of the election.

(3) The rules may, in so far as they provide for an election to the House of Laity to involve a system of electronic voting, modify the application of any provision of these Rules.

(4) 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.

(5) The rules are to be made in accordance with the Standing Orders of the General Synod.

(6) In relation to an election of a representative of the diocese of Sodor and Man the rules have effect subject to whatever modifications are necessary.

PART 6
APPEALS

57 Enrolment appeals

(1) A person who is refused enrolment on the roll of a parish or the register of lay electors may appeal against the refusal.

(2) A person whose name is removed from the roll of a parish or the register of lay electors may appeal against the removal.

(3) A person whose name is entered on the roll of a parish or the register of 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 must be given to the secretary 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 lay electors, the end of the period for which the register is made available for inspection under Rule 54(9).

58 Election appeals

(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 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 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 must be given to the secretary of the diocesan synod.

(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 7A of the Churchwardens Measure (Isle of Man) 2013.

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

(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.

(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.

(6) In relation to an appeal relating to an election of a representative of the diocese of Sodor and Man the rules have effect subject to whatever modifications are necessary.

60 Referral of appeal to standing committee

(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 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 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 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 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 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.

61 Determination of appeal

(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).