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Paragraph 61D Enrolment appeal or full election appeal: preliminary assessmentF1F2

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

(1)

A panel appointed under Rule 61C(1) must conduct a preliminary assessment of the appeal.

(2)

A preliminary assessment of an appeal is an assessment as to whether there are arguable grounds of appeal; and, in conducting a preliminary assessment, the panel may consider only—

(a)

the notice of appeal and any accompanying written submissions, and

(b)

any representations or explanation made in accordance with Rule 57A(6) or 61A(6).

(3)

If the panel considers that there are arguable grounds of appeal, the appeal stands referred to the panel for—

(a)

in the case of an enrolment appeal, consideration and determination under Rules 61F and 61G;

(b)

in the case of a full election appeal, consideration and determination under Rules 61F and 61H.

(4)

If the panel considers that there are no arguable grounds of appeal, the appeal is dismissed.

(5)

The panel’s decision on the preliminary assessment is final.

(6)

The panel must give a written notification to the parties to the appeal of the decision on the preliminary assessment of the appeal and the reasons for the decision.

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 61-61H substituted for Sch. 3 rule 61 (15.7.2020) by The Church Representation Rules (Amendment) Resolution 2020 (S.I. 2020/406), paras. 1(3), 7

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)