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Paragraph 60C Summary election appeal: determinationF1F2

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

(1)

The relevant judge (referred to in this Rule as “the judge”), having had a notice of appeal referred under Rule 60A(1), must decide whether the grounds of the appeal are established to the judge’s satisfaction.

(2)

The judge, in deciding the matter at issue, may consider only—

(a)

the notice of appeal and any accompanying written submissions, and

(b)

any representations or explanation made in accordance with Rule 60A(5).

(3)

A decision under this Rule must be made within seven days of the referral of the notice of appeal.

(4)

Where the judge decides on an appeal under Rule 58(1) that a nomination is valid, or decides on an appeal under Rule 58(2) that a nomination is not valid, the judge must—

(a)

give directions for the appointment of a new period for voting in the election, and

(b)

give whatever further directions the judge thinks necessary.

(5)

Where, on an appeal under Rule 58A(1)(a) or (b) or (4), the judge decides that the election as a whole is void, the judge must—

(a)

direct that a fresh election is to be held, and

(b)

give whatever further directions the judge thinks necessary.

(6)

Where, on an appeal under Rule 58A(1)(a) or (b) or (4), the judge allows the appeal but does not decide that the election as a whole is void, the judge must give whatever directions the judge thinks necessary.

(7)

The judge on a summary appeal must otherwise decide one of the following—

(a)

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

(b)

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

(c)

that the appeal is wholly without merit and should accordingly be dismissed.

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 rules 60-60C substituted for Sch. 3 rule 60 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 6

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)