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Paragraph 61E Enrolment appeal or full election appeal: appeal out of timeF1F2

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(2) may decide to consider the appeal only if, having regard to all the circumstances, it is satisfied that there is a good reason to allow the appeal to proceed.

(2)

The matters which the panel considers in making that decision must include—

(a)

the purported notice of appeal and any accompanying written submissions (whether on the question of why notice of appeal was not given within the required period or on any other point), and

(b)

any representations made in accordance with Rule 57A(8) or 61A(8).

(3)

Where the panel decides to consider the appeal—

(a)

the period under Rule 57 or 61 for giving notice of appeal in that case is to be treated as having been extended so far as necessary,

(b)

the appeal is to be treated as having been referred to the panel for decision, and

(c)

the panel must ensure that each notification required under Rule 57A(1)(b) or (c) or 61A(a) or (b) is given to the person concerned (and, once that has been done, Rule 57A(4) to (6) and (9) or Rule 61A(3) to (6) and (9) applies in relation to the notification).

(4)

Where the panel has decided to consider the appeal and the period for making representations in accordance with Rule 57A(6) or 61A(6) has expired, the panel may proceed to conduct a preliminary assessment of the appeal under Rule 61D.

(5)

The panel must give a written notification to the parties to the appeal of the decision on whether the panel will consider 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)