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Paragraph M9 F1

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

(1)

This Rule applies in the case of every election which is to take place at the annual meeting, subject to any variations made by a resolution under Rule M10 or M11.

(2)

A candidate must be nominated, either before the meeting in writing or at the meeting, by two persons each of whom—

(a)

must be entitled to attend the meeting, and

(b)

must have his or her name on the roll of a parish.

(F23)

If the number of candidates does not exceed the number of seats to be filled, any person who is entitled to attend the meeting may move a resolution that a vote be held, in the case of each candidate, on whether that candidate should be elected F3; but if a resolution under this paragraph is not moved, or is moved and not passed, each candidate is declared elected.

(3A)

Where a resolution under paragraph (3) is passed, a vote is to be held on the proposition, in the case of each candidate, that that candidate should be elected; and for that purpose—

(a)

every person whose name is on the roll of the parish is entitled to take part in a vote held under this paragraph,

(b)

each person so entitled may, in the case of each candidate, cast only a single vote for or against the proposition (and Rule M10 accordingly does not apply to the vote), and

(c)

paragraphs (7) to (10) of this Rule apply to the vote.

(4)

If the number of candidates exceeds the number of seats to be filled, an election must take place in accordance with the following provisions.

(5)

Every lay person whose name is on the roll of the parish is entitled to vote in the election.

(6)

Each person entitled to vote has as many votes as there are seats to be filled, but may not give more than one vote to the same candidate.

(7)

Votes may be given by a show of hands; but if one or more persons object to that, each vote is to be given on a voting paper signed on the back by the voter.

(8)

If there is an equality of votes, the election is decided by the drawing of a lot by the presiding officer.

(9)

On a recount of an election or a stage of an election, either on an appeal or at the request of the presiding officer or a candidate, if the original count and the recount are identical at the point when a lot must be drawn, the original lot must be used to decide.

(10)

The presiding officer for an election at the annual meeting is the chair of the meeting, unless a presiding officer is appointed under Rule M11(3).

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 M9(3)(3A) substituted for Sch. 3 rule M9(3) (1.8.2023) by The Church Representation Rules (Amendment) Resolution 2023 (S.I. 2023/863), paras. 1, 2

F3

Words in Sch. 3 rule M9(3) inserted (6.9.2025) by The Church Representation Rules (Amendment) (No. 2) Resolution 2025 (S.I. 2025/995), paras. 1(2), 8

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)