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Paragraph 61H Full election appeal: determinationF1F2

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

(1)

On a full election appeal, the panel must decide whether the grounds of appeal are established to the panel’s satisfaction.

(2)

Where the panel decides that the election as a whole is void, it must—

(a)

direct that a fresh election is to be held, and

(b)

give whatever further directions the panel thinks necessary.

(3)

Where the panel allows the appeal but does not decide that the election as a whole is void, it must give whatever directions it thinks necessary.

(4)

The panel on a full election 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 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)