PART 7
DISQUALIFICATION ETC.

62 Disqualifications

(1) A person is disqualified from being nominated or elected or from serving as a member of the General Synod if the person holds or takes a paid office or employment the appointment to which is, or may be, made or confirmed by —

(a) the General Synod,

(b) the Convocations,

(c) the Archbishops' Council,

(d) the Church Commissioners,

(e) the Church of England Pensions Board, or

(f) the Corporation of the Church House.

(2) A person is not disqualified under paragraph (1)(d) merely because the person is appointed as a Church Commissioner in receipt of a salary or other emoluments.

(4) A person is disqualified for being a member of a PCC if he or she is disqualified for being a charity trustee under section 25 of the Charities Registration and Regulation Act 2019, unless the disqualification is the subject of a waiver which permits him or her to be a member of a PCC or a trustee of an ecclesiastical charity (within the meaning of Schedule 3 to the Church Act 1992).

(5) For further provision as to disqualification, see Rule 68 (safeguarding).

(6) For provision as to disqualification from being elected as a churchwarden, see section 5 of the Churchwardens Measure (Isle of Man) 2013.

64 Vacation of seat on diocesan synod

(1) The seat of a clerical member of the diocesan synod who is a member under sub-paragraph (a), (b), (c) or (d) of Rule 31(2) is vacated if the member ceases to be eligible for membership under that sub-paragraph and is not eligible for membership under another sub-paragraph of Rule 31(2).

(3) The seat of a lay member of a diocesan synod is vacated in each of the following three cases.

(4) The first case is where the member —

(a) was elected as a parochial representative of the laity, but

(b) ceases to have his or her name on the roll of the parish by which he or she was elected.

(7) The second case is where the member —

(a) became a representative under a scheme under Rule 33C (mission initiative), but

(b) ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(8) The third case is where the member becomes a clerk in Holy Orders.

(9) A lay member's seat is not vacated under paragraph (4) if —

(a) the member's name is entered on the roll of a parish in the diocese, or the leader of a mission initiative in the diocese declares the member to be part of the worshipping community involved in the initiative, and

(b) before the vacancy arises, the lay members of the standing committee resolve that the member's seat is not to be vacated.

(10) If a lay member of a diocesan synod is also an elected member of the House of Laity of the General Synod, the member's seat on the diocesan synod is not vacated under this Rule if the standing committee make the decision referred to in Rule 65(7) (member willing and able to serve) in that member's case.

(11) A member's seat on a diocesan synod is vacated if it is decided on an appeal under Rule 58 that the member's election is void.

(12) For further cases where a member's seat on a diocesan synod is vacated, see Rule 68 (safeguarding etc.).

65 Vacation of seat in House of Laity of General Synod

(1) The seat of an elected member of the House of Laity of the General Synod is vacated in each of the following three cases.

(2) The first case is where the member —

(a) qualified for election under Rule 50(5) (parish roll), but

(b) ceases to have his or her name on the roll of a parish in the diocese concerned.

(5) The second case is where the member —

(a) became a representative under a scheme under Rule 33C (mission initiative), but

(b) ceases to be declared by the leader of the mission initiative concerned to be part of the worshipping community involved in the initiative.

(6) The third case is where the member becomes a clerk in Holy Orders.

(7) But a member's seat is not vacated under paragraphs (2) to (5) if, before the vacancy arises, the lay members of the standing committee decide that the member is willing and able to discharge to their satisfaction the duties of a member of the House of Laity of the General Synod elected for that diocese.

(8) Where a decision under paragraph (7) is made, the lay members of the standing committee must, no later than one year after making the decision and annually after that —

(a) review the member's membership of the House of Laity of the General Synod, and

(b) decide whether he or she is still willing and able as mentioned in paragraph (7).

(9) The seat of an elected member of the House of Laity of the General Synod is vacated if the member is disqualified under Rule 62(1).

(10) The seat of an elected member of the House of Laity of the General Synod is vacated if it is decided on an appeal under rules under Rule 59 that the member's election is void.

(11) For further cases where a member's seat in the House of Laity of the General Synod is vacated, see Rule 68 (safeguarding etc.).

66 Ex officio membership

(1) A person is not disqualified from being elected or chosen as a member of a body under these Rules merely because the person is also a member of that body ex officio.

(2) A person elected or chosen as a member of a body under these Rules does not vacate his or her seat merely because the person has become a member of that body ex officio.

67 Resignation

(1) A person holding office under these Rules or who is a member of a body constituted by or under these Rules may resign the office or membership by giving notice in writing to the secretary of the body of which the person is an officer or member.

(2) A resignation under this Rule takes effect —

(a) on the date specified in the notice, or

(b) if no date is specified in the notice, on the date on which the secretary receives the notice.

68 Safeguarding cases: disqualification and vacation of seat

(1) If a person is included in a barred list, the person is disqualified —

(a) from being nominated, chosen or elected as, or from serving as, a member of a PCC, a diocesan synod or the General Synod;

(b) from being appointed to act as, or from acting as, secretary or treasurer of a PCC.

(2) If a person is convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1966 (an Act of Tynwald), the person is disqualified —

(a) from being nominated, chosen or elected as, or from serving as, a member of a PCC, a diocesan synod or the General Synod;

(b) from being appointed to act as, or from acting as, secretary or treasurer of a PCC.

(3) If a person disqualified under paragraph (1) or (2) is a member of a PCC, a diocesan synod or the House of Laity of the General Synod, the member's seat is vacated.

(4) A person's disqualification under paragraph (2) may be waived by the bishop of the diocese in question giving the person notice in writing; and the notice must specify the bishop's reasons for giving the waiver.

(5) Where a person whose seat has been vacated under paragraph (3) has his or her disqualification waived under paragraph (4), the person may resume his or her seat if it has remained vacant.

(6) A waiver under paragraph (4)—

(a) is of unlimited duration, and

(b) has effect in every diocese.

(7) Before deciding whether to give a waiver under paragraph (4), the bishop must consult —

(a) the diocesan safeguarding advisor, and

(b) such other persons as the bishop considers appropriate.

(8) On giving a notice under paragraph (4), the bishop must give a copy of the notice to the registrar of the diocese; and the registrar must file the copy in the diocesan registry.

69 Safeguarding cases: suspension

(1) This Rule applies where a member of a PCC or the secretary or treasurer of a PCC or a member of a diocesan synod or the General Synod —

(a) is arrested on suspicion of committing an offence mentioned in Schedule 1 to the Children and Young Persons Act 1966 (an Act of Tynwald), or

(b) is charged with an offence mentioned in that Schedule without being arrested.

(2) This Rule also applies where the bishop of a diocese is satisfied, on the basis of information provided by a Department or the Chief Constable, that a person of a description given in paragraph (1) presents a significant risk of harm.

(3) The bishop may suspend the person from the position in question by giving the person notice in writing; and the notice must specify the bishop's reasons for imposing the suspension.

(4) The bishop may at any time revoke the suspension by giving the person notice in writing.

(5) For the purposes of paragraph (2), a person presents a significant risk of harm if there is a significant risk that the person may —

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another person to harm a child or vulnerable adult.

(6) Before deciding whether to suspend a person under paragraph (3), or to revoke a suspension made under that paragraph, the bishop must consult —

(a) the diocesan safeguarding advisor, and

(b) such other persons as the bishop considers appropriate.

(7) A suspension in a case within paragraph (1) continues (unless revoked under paragraph (4)) until the earlier of —

(a) the expiry of three months beginning with the day on which the notice is given, and

(b) the conclusion of the matter.

(8) Where a person is suspended in a case within paragraph (1) and the matter is not concluded before the expiry of the three-month period referred to in paragraph (7)(a), a further notice of suspension may be given under paragraph (3); and paragraph (7) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(9) A suspension in a case within paragraph (2) continues (unless revoked under paragraph (4)) until the expiry of three months beginning with the day on which the notice is given.

(10) Where a person is suspended in a case within paragraph (2), a further notice of suspension may be given under paragraph (3); and paragraph (9) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(11) Having given a notice of suspension or revocation under this Rule, the bishop must give each of the following written notification —

(a) the clergy who hold office in the parish,

(b) the churchwardens of the parish,

(c) the registrar of the diocese,

(d) the diocesan safeguarding advisor, and

(e) such other persons as the bishop considers appropriate.

(12) The registrar must file a notification given under paragraph (11)(c) in the diocesan registry.

(13) For the purposes of this Rule, a matter is concluded when —

(a) a decision is taken not to charge the person with the offence in question, or

(b) where the person is charged with the offence, the proceedings for the offence are concluded.

70 Safeguarding cases: appeal against suspension

(1) A person who is given a notice of suspension under Rule 69(3) may appeal against the suspension in accordance with rules for the time being in force under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

(2) An appeal under this Rule must be made to the Vicar General.

(3) On an appeal under this Rule, the Vicar General may, within 28 days following the lodging of the appeal, either confirm or revoke the suspension.

71 Safeguarding cases: interpretation

(1) In this Part of these Rules —

"barred list" has the same meaning as in the Safeguarding Vulnerable Groups Act 2006;

"the Chief Constable" means the Chief Constable of the Isle of Man;

"child" means a person aged under 18;

"Department" means a Department of the Isle of Man Government;

"diocesan safeguarding advisor" means the person appointed as such under Canon C 30 for the diocese in question;

“vulnerable adult” has the same meaning as in the Safeguarding and Clergy Discipline Measure 2016.

(2) A reference in this Part of these Rules to an offence mentioned in Schedule 1 to the Children and Young Persons Act 1966 (an Act of Tynwald) is a reference to an offence which is —

(a) mentioned in that Schedule as amended, extended or applied from time to time, or

(b) treated by an enactment (whenever passed or made) as if it were mentioned in that Schedule.

PART 8
MISCELLANEOUS

72 Personal data handling

A person who holds personal data about one or more other persons for the purposes of these Rules —

(a) must ensure that the personal data is held securely, and

(b) for that purpose, must have regard to such guidance as the Archbishops' Council may from time to time issue (so far as applicable to the Isle of Man).

73 Casual vacancies

(1) An election to fill a casual vacancy under these Rules is to be conducted in the same manner as an ordinary election (unless the election takes place at a meeting held in accordance with Rule 45).

(2) The provisions of these Rules relating to casual vacancies —

(a) apply to the election of a member of a body constituted by or under these Rules;

(b) apply in relation to the choice of a person, with a reference to an election to fill a casual vacancy accordingly being read instead as a reference to a choice to fill one.

(3) A person elected or chosen to fill a casual vacancy holds office only for the unexpired portion of the term of office to be served in the case of that vacancy.

74 Irregularities

(1) Where irregularities are found during an election such that the presiding officer forms the opinion that the proceedings on the election should be declared null and void, the officer —

(a) must declare that the proceedings are null and void,

(b) must give notice to all electors of that declaration, and

(c) must cause a fresh election to be held.

(2) Where a notice is given under paragraph (1)(b), the election under paragraph (1)(c) must be completed within three months of the date of the notice.

(3) Where, in the case of an election to a diocesan synod, it is decided on an appeal that the election was not valid and a direction is given that a fresh election be held, the election must be completed within three months of the direction being given.

75 Constraints in elections

(1) Where there is a requirement in an election conducted under these Rules or under rules made under Rule 42 or 56 for a given number, or at least a given number, of the places available to be filled by candidates of a defined category, the presiding officer must examine the valid nominations to ascertain the number of candidates of that category.

(2) If the number of candidates of that category who are nominated is less than or equal to the required given number —

(a) those candidates are declared elected and their names are not included on the voting paper, and

(b) the requirement for a given number is disregarded and the election proceeds with the number of seats to be filled being reduced by the number of persons declared elected.

(3) The presiding officer must circulate with the voting papers a separate notice giving the name of each person who has been declared elected under paragraph (2).

(4) In the application of this Rule to an election which involves a system of electronic voting, a reference to something included on or circulated with a voting paper is to be read as including a reference to it being provided as part of the procedure provided for by the system being used in the election for electronic voting.

76 Communicating by email or post

(1) If a person has provided an email address —

(a) any communication required or authorised to be given to that person by or under these Rules may be sent to that email address, and

(b) any disclosure of the person's name and address required or authorised by or under these Rules must include that email address.

(2) A communication sent by email is to be treated as being in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(3) Where a communication is sent to a person by email at the most recent address provided by that person, it is to be treated as having been given to the person at the time at which it is sent.

(4) Where a communication is sent to a person by post and addressed to that person at his or her last known address, it is to be treated as having been given to the person by the time at which it would be delivered in the ordinary course of post.

77 Implied power to vary or revoke

(1) A power conferred by these Rules to make, approve or pass a rule, order, resolution, determination, decision, appointment or scheme includes a power to vary or revoke it.

(2) A power conferred by these Rules to give a consent includes a power to vary or revoke the consent.

(3) A power conferred by these Rules to specify something includes a power to vary or revoke the specification.

(4) A power to vary or revoke is exercisable in the same manner and subject to the same conditions as the power to which it relates.

(5) This Rule does not apply to the power to give a waiver under Rule 68(4) (safeguarding: disqualification).

78 Power of bishop to make supplementary provision etc.

(1) In carrying out the provisions of these Rules in a diocese, the bishop of the diocese may exercise the following powers.

(2) The bishop may make provision for any matter not provided for in these Rules.

(3) The bishop may appoint a person to do something in respect of which there has been neglect or default by the person required by these Rules to do it.

(4) Where a PCC has no members or not enough members to be able to form the quorum for a meeting (see Rule M27), the bishop may appoint a person to do something which the PCC or an officer of the PCC is required to do by or under these Rules.

(5) The bishop may, so far as necessary for giving effect to the intention of a provision of these Rules —

(a) extend or alter the time for holding a meeting;

(b) modify the procedure for a meeting;

(c) extend or alter the time for holding an election;

(d) modify the procedure for an election.

(6) Paragraph (5)(c) and (d) does not apply to —

(a) an election to fill a casual vacancy,

(b) an election to the House of Laity of the General Synod, or

(c) an election to be held under Rule 74(1)(c) (fresh election following finding of irregularities).

(7) Where difficulties arise, the bishop may (subject to paragraphs (5) and (6)) give whatever directions he or she considers appropriate for removing those difficulties.

(8) This Rule does not authorise a bishop —

(a) to validate anything that was invalid when it was done, or

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

79 Delegation by archbishop or bishop

(1) An archbishop or any other bishop of a diocese may appoint a commissary and delegate to that commissary some or all of the functions of the archbishop or other bishop under these Rules.

(2) But a bishop's functions as president of the diocesan synod may be delegated only to a person in episcopal orders.

(3) During a vacancy in an archbishopric, or where because of illness an archbishop is unable to exercise his or her functions as such under these Rules (including the power under paragraph (1)), the functions are exercisable by the other archbishop.

(4) During a vacancy in a diocesan bishopric, the functions of the bishop under these Rules (including those as president of the diocesan synod but not including the power under paragraph (1)) are exercisable by such person in episcopal orders as the archbishop of the province may appoint.

(5) Where because of illness, the bishop of a diocese is unable to exercise his or her functions as such under these Rules (including the power under paragraph (1)), the archbishop of the province may, if he or she thinks it necessary or appropriate, appoint a person in episcopal orders to exercise the functions.

(6) If a person appointed under paragraph (1), (4) or (5) is a member of the house of clergy of a diocesan synod, that membership is suspended for the duration of the appointment.

(7) If a person appointed under paragraph (4) or (5) becomes unable to act under the appointment because of illness, the archbishop may revoke the appointment and make a fresh one.

80 Validity of proceedings

(1) The proceedings of a body constituted under these Rules are not invalidated by a vacancy in the membership of the body or a defect in the qualification, election, choice or appointment of any of its members.

(2) Proceedings are not invalidated by the use of a form which differs from that specified by these Rules if the form used is to a substantially similar effect; and any question on that point is to be decided by the Vicar General.

(3) Where there is an omission in a parish to prepare or maintain the roll or to hold the annual parochial church meeting, the archdeacon must, on having the omission brought to his or her attention, ascertain the cause of the omission and report to the bishop of the diocese accordingly.

81 Power of Business Committee to specify matters

(1) A power conferred by these Rules on the Business Committee to specify something is exercisable by way of instrument.

(2) An instrument under this Rule —

(a) must be laid before the General Synod, and

(b) does not come into force unless it has been approved by the Synod, with or without amendment.

(3) If the Business Committee decides that an instrument under this Rule does not need to be debated by the Synod, it is to be treated as approved without amendment for the purposes of paragraph (2) unless a member of the Synod gives notice under its Standing Orders that the member —

(a) wishes the matter to be debated, or

(b) wishes to move an amendment to it.

82 Interpretation: references to parishes and other areas

(1) In these Rules, "parish" means an ecclesiastical parish.

(2) A reference in these Rules to residence in a parish includes a reference to residence in any extra-parochial place which abuts the parish ...; and any question on that point is to be decided by the standing committee.

(3) A reference in these Rules to residence does not include a reference to residence of a casual nature.

(4) A reference in these Rules to the area of a benefice is, where —

(a) two or more benefices are held in plurality,

(b) there is, or is to be, a team ministry for the area of one of those benefices, and

(c) a pastoral scheme provides for extending the operation of the team ministry, so long as the plurality continues, to the area of any other benefice so held,

a reference to the combined area of the benefices concerned.

83 Interpretation: references to Church offices, structures etc.

(1) In these Rules, "minister", in relation to a parish, means —

(a) the incumbent or priest in charge of the benefice to which the parish belongs or

(b) a vicar in a team ministry to the extent that the duties of a minister are assigned to the vicar by a pastoral scheme or by the vicar's licence from the bishop.

(2) In these Rules, "actual communicant" means a person —

(a) who has received Communion according to the use of the Church of England or a Church in communion with it at least three times during the 12 months preceding the date of the person becoming a member of a body the eligibility for membership of which depends on a person being an actual communicant, and

(b) who either is confirmed or ready and desirous of being confirmed or is receiving Communion as referred to in paragraph 1(b) of Canon B 15A (communicant members of other Churches subscribing to doctrine of Holy Trinity).

(3) A question as to whether a Church is in communion with the Church of England is to be decided for the purposes of these Rules by the Archbishop of Canterbury and the Archbishop of York acting jointly.

(4) Where a question as to whether a Church is in communion with the Church of England has been determined under section 6(2) of the Overseas and Other Clergy (Ministry and Ordination) Measure 1967, that determination has effect for the purposes of these Rules (as well as for the purposes of that Measure).

(5) In these Rules, "public worship" means public worship according to the rites and ceremonies of the Church of England; and a reference in these Rules to a building licensed for public worship includes a reference to a building only part of which is so licensed.

(9) A reference in these Rules to the occurrence of a casual vacancy includes a reference to a case where there are not enough candidates nominated to fill the places available.

(10) A person who has executed a deed of relinquishment under the Clerical Disabilities Act 1870 is, for the purposes of these Rules, not to be treated as a clerk in Holy Orders (and is accordingly to be treated as a lay person) if —

(a) the deed has been enrolled in the High Court and recorded in the registry of a diocese under that Act, and

(b) no vacation of the enrolment of the deed is recorded in a diocesan registry under the Clerical Disabilities Act 1870 (Amendment) Measure 1934.

84 Interpretation: minor definitions

(1) In these Rules —

"Business Committee" means the Business Committee of the General Synod;

"the Constitution" means the Constitution of the General Synod as set out in Schedule 2 to this Measure;

"mission initiative" has the meaning given in Schedule 6A to the Mission and Pastoral Measure (Isle of Man) 2012 (and, where a mission initiative has more than one leader, a reference to the leader is to be read as a reference to any of them);

"PCC" means parochial church council;

"personal data" has the same meaning as in the Data Protection Act 2018;

"register of lay electors" has the meaning given in Rule 54(2A);

"the roll" has the meaning given in Rule 1(1);

"standing committee" (except in Rules M25 and M31) means the standing committee of the diocesan synod.

(2) A reference in these Rules to something being in writing is to be read with Rule 76(2) (which makes provision about emails).

(3) A reference in these Rules to a numbered Form is a reference to the Form numbered as such in Part 10.

(4) A reference in these Rules to a Rule, a Measure or a provision of a Measure is a reference to that Rule, Measure or provision as it has effect in the Isle of Man.