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Paragraph 59A Election appeals: appeal proceduresF1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Each of the following appeals (referred to in this Part as a “summary election appeal”) is to be dealt with in accordance with Rules 60 to 60C and 61I—

(a)

an appeal under Rule 58(1) or (2) (validity of nomination);

(b)

an appeal under Rule 58A(1)(a) or (b) (whether person duly elected or qualified to be candidate);

(c)

an appeal under Rule 58A(4) (allowance or disallowance of vote).

(2)

Each of the following appeals (referred to in this Part as a “full election appeal”) is to be dealt with in accordance with Rules 61 to 61F, 61H and 61I—

(a)

an appeal under Rule 58A(1)(c) (misrepresentation of material fact);

(b)

an appeal under Rule 58A(2) (conduct of election);

(c)

an appeal under Rule 58A(3) (error in church electoral roll or register of clerical or lay electors).

Annotations

Textual amendments

F1

Sch. 3 substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 1 (with Sch. 3); S.I. 2019/1460, art. 2

F2

Sch. 3 rule 59A inserted (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 5

Notes on Schedule 3

Modifications

C1

Sch. 3 modified by Cathedrals Measure 1963 (No. 2), s. 12(3) (as substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 10;Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.

Sch. 3 modified (30.6.1999) by Cathedrals Measure 1999 (No. 1), ss. 12(4), 38(2)(3) (with ss. 33, 37, 38(5)(6))

C2

Sch. 3 applied by Churchwardens Measure 2001 (No. 1), s. 5(7) (as substituted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 15; S.I. 2014/1369, art. 2)

C3

Sch. 3: power to modify conferred (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), ss. 41(2)(d), 53(3) (with ss. 42(4), 48, 52(1))

C4

Sch. 3 modified (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), ss. 40(3), 53(3) (with ss. 42(4), 48, 52(1)) (as amended (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), s. 22(3), Sch. 1 para. 24)