Synodical Government (Channel Islands) Order 1970
Jersey Order in Council 9/1970
SYNODICAL GOVERNMENT (CHANNEL
ISLANDS) ORDER 1970.
____________
STATES OF JERSEY.
____________
27th January, 1970.
____________
THE STATES, adopting a Proposition of the
Legislation Committee, requested the Bailiff to inform the Secretary of State
that the terms of the draft Scheme applying the Synodical Government Measure
1969 to the Channel Islands were agreeable to
the Insular Authorities.
A.D. LE BROCQ,
Greffier of the States.
A LA COUR ROYALE DE
L’ILE DE JERSEY.
____________
L’An 1970, le 21e jour d’août.
____________
MONSIEUR LE BAILLI
ayant présenté à la Cour un Ordre de Sa Très
Excellente Majesté en Conseil en date du 28 juillet 1970,
intitulé: -
“The Synodical Government (Channel Islands) Order 1970”;
Lecture en ayant
été donnée;
LA COUR,
conformément aux conclusions du Procureur Général de la
Reine, a ordonné que ledit Ordre soit enregistré sur les records
de l’Ile et publié par l’Officier au lieu ordinaire à
jour de marché, afin que toutes personnes puissent en avoir
connaissance.
S.W. BISSON,
Greffier Judicaire.
At the Court at Buckingham
Palace.
____________
The
28th day of July, 1970.
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The Queen’s Most Excellent Majesty in Council
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WHEREAS the Bishop of Winchester has, in
accordance with the Schedule to the Channel Islands (Church Legislation)
Measure 1931, as amended by section 2 of
the Channel Islands (Church Legislation) Measure 1931 (Amendment) Measure 1957 settled the Scheme set out in the Schedule to this
Order for applying the Synodical Government Measure 1969 to the Channel
Islands, and the procedure set out in the Schedule to the first-mentioned
Measure has been followed;
Now, therefore, Her Majesty, in pursuance of section 2 of the
Channel Islands (Church Legislation) Measure 1931,
as amended by section 1 of the Channel Islands (Church Legislation) Measure
1931 (Amendment) Measure 1957,2 and of section 9(5) of the Synodical Government Measure
1969, is pleased, by and with the advice of Her Privy Council, to order and
direct as follows: -
1. This
Order may be cited as the Synodical Government (Channel Islands) Order 1970 and
shall come into operation on 17th
August, 1970.
2. The
Scheme set out in the Schedule to this Order is hereby confirmed.
3. The
Synodical Government Measure 1969 shall apply to the Channel
Islands, and the Channel Islands
(Representation) Measure, 1931 shall be
modified, in accordance with the provisions of the said Scheme.
W.G. AGNEW.
SCHEDULE
A SCHEME
Prepared by the Bishop of Winchester in pursuance of the Channel Islands (Church Legislation) Measures 1931 and
1957 for applying the Synodical Government Measure 1969 to the Channel Islands.
PREAMBLE
Whereas section 9(5) of the Synodical Government Measure 1969
provides that the Measure may be applied to the Channel Islands or either of
them, as defined in the Channel Islands (Church Legislation) Measures 1931 and
1957, in accordance with the provisions of the last-mentioned Measures and that
any scheme made for the purpose of such application may provide for such
modifications of the Channel Islands (Representation) Measure 1931 and of the
Channel Islands (Church Legislation) Measure 1931 as may be necessary or
expedient in consequence of the provisions of the first-mentioned Measure;
And whereas the Bishop of Winchester has come to the conclusion
that the first-mentioned Measure ought to be applied to the Channel
Islands with certain variations and has in accordance with
paragraphs 1 to 3 of the Schedule to the Channel Islands
(Church Legislation) Measure 1931 prepared the following draft Scheme for the
purpose:
SCHEME
Application of the Synodical Government Measure 1969
Nothing in this Scheme shall prejudice the continuing exercise of
any jurisdiction exercised before the appointed day by the Dean of Jersey or
the Dean of Guernsey or the continuing operation in Jersey
of the Order in Council dated 30th
June, 1623.
Section 1 shall apply to the Channel Islands so far as may be
necessary to secure that the functions, authority, rights and privileges of the
Convocation of Canterbury vested in the General Synod of the Church of England
are exercisable with respect to matters concerning the Church of England in the
Channel Islands.
Section 2(1) shall apply to the Channel Islands so far as may be
necessary to secure that the other functions of the General Synod are
exercisable with respect to matters concerning the Church of England in the
Channel Islands in like manner as heretofore they have been exercisable by the
Church Assembly; and accordingly section 2(2) shall apply to the Channel
Islands for the purpose of construing Measures, enactments and instruments.
Section 4 shall apply to the Channel Islands so far as may be
necessary to secure that the functions of the diocesan synod of Winchester are
exercisable with respect to matters concerning the Church of England in the
Channel Islands; and accordingly section 4(7) shall apply in the Channel
Islands for the purpose of construing any Measure or instrument.
Section 5(3) and (4) shall apply to the decanal conferences of the
Channel Islands as from 1st June, 1970 and as from that date they shall be
renamed deanery synods and any reference in any Measure to the decanal
conferences of the Channel Islands or to the decanal conference of either
Island shall be construed as a reference to the deanery synods of the Channel
Islands or the deanery synod of that Island respectively.
Modifications of the Channel Islands
(Representation) Measure, 1931
For section 4 there shall be substituted the following section
–
“4. A
lay person shall be entitled to have his name entered on the church electoral
roll of either Island, if he –
(a) is baptised;
(b) is a member of the
Church of England or another Church of the Anglican Communion or an overseas
Church in communion with the Church of England, and is not a member of any
other religious body which is not in communion with the Church of England;
(c) is of seventeen years
or upwards;
(d) is resident in the Island ; and
(e) has signed the form of
application for enrolment set out in the Schedule to this Measure.”
In section 6 for the word “twenty-one” there shall be
substituted the word “eighteen”.
In the Schedule there shall be substituted the following form: -
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“Application
for Enrolment on Church Electoral Roll.
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I
........................................ (Full Christian name and surname)
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of .............................................................
(Full postal address) declare: -
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(i)
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I am baptised.
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(ii)
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I am a member of the Church of
England
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or
|
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I am a member of ....................................................
being a Church of the Anglican Communion or an overseas Church in communion
with the Church of England.
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(iii)
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I am not a member of any other
religious body which is not in communion with the Church of England.
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(iv)
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I have attained the age of seventeen
years.
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(v)
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I am resident in the Island of
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(vi)
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My name is not on the Church
electoral roll of any parish in the Diocese of Winchester.
|
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I hereby apply to have my
name entered on the Church electoral roll of the Island
of
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Signed.............................................
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Date...............................................
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* Strike out whichever is not
applicable.”
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SYNODICAL GOVERNMENT MEASURE 1969.
____________
A MEASURE passed by The National Assembly of the Church of England to
provide for the vesting by Canon of the functions, authority, rights and
privileges of the Convocations of Canterbury and York in the General Synod of
the Church of England, and for the modification by Canon of the functions of
the said Convocations when sitting separately for their provinces; to rename
and reconstitute the Church Assembly as the General Synod, and to make further
provision for the synodical government of the Church of England, and for
purposes connected with the matters aforesaid.
[25th July, 1969].
WHEREAS the Convocations of Canterbury
and York, on the 8th day of October, 1968, resolved that the functions,
authority, rights and privileges of the said Convocations should, by Canons
made by them with Her Majesty’s Licence and
Assent, vest in the Church Assembly to be renamed and reconstituted as the
General Synod of the Church of England;
AND WHEREAS it is
expedient to give effect to the said resolution and to bring to an end the
present dual exercise of functions by the Church Assembly and the Convocations,
and to provide a system of synodical government for the Church of England.
VESTING OF FUNCTIONS AND AUTHORITY OF CONVOCATIONS IN A GENERAL
SYNOD
1.-(1) It shall be lawful for the Convocations
of Canterbury and York to submit for Her Majesty’s Licence
and Assent Canons in the form set out in Schedule 1 to this Measure
providing –
(a) for vesting in the General Synod of
the Church of England, being the Church Assembly renamed and reconstituted in
accordance with this Measure, the functions, authority, rights and privileges
of the said Convocations;
(b) for modifying the functions of the
said Convocations when sitting separately for their provinces;
and, if Her Majesty is pleased to grant Her Licence
and Assent, it shall be lawful for the said Convocations to make, promulge and
execute the said Canons, which shall have full force and effect.
(2) The functions
so vested shall be exercisable in accordance with the Constitution of the
General Synod set out in Schedule 2 to this Measure and shall be
exercisable for the Church of England as a whole, instead of being exercisable
provincially, but without prejudice to the making of different provision, where
appropriate, for the two provinces.
(3) The provisions
of sections 1 and 3 of the Submission of the Clergy Act 1533
–
(a) requiring the Queen’s Assent
and Licence to the making, promulging and executing
of Canons by the said Convocations, and
(b) providing that no Canons shall be
made or put in execution by the said Convocations which are contrary or
repugnant to the Royal prerogative or the customs, laws or statutes of this
realm,
shall apply in like manner to the making, promulging and executing
of Canons by the General Synod.
(4) The
dissolution and calling together of the said Convocations in pursuance of the
Royal Writ (or otherwise under the Church of England Convocations Act 1966) shall have
the effect, in accordance with the said Constitution, of dissolving and
bringing into being the General Synod.
(5) The functions
vested in the General Synod by the said Canons –
(a) shall include the power of the said
Convocations as declared by the Convocations of the Clergy Measure 1920, to
make, promulge and execute Canons for the amendment of the Constitution of the
Lower Houses thereof;
(b) shall not include the functions of
the said Convocations under the Measures mentioned in section 3 of this
Measure, which shall be exercisable in accordance with that section.
RENAMING AND RECONSTITUTION OF THE CHURCH ASSEMBLY AS THE GENERAL
SYNOD
2.-(1) As from the appointed day, the Church
Assembly shall be renamed the General Synod of the Church of England (and may
be referred to as “the General Synod”) and shall be reconstituted
in accordance with the Constitution of the General Synod set out in Schedule 2
to this Measure.
(2) References in
sections 3 and 4 of the Church of England Assembly (Powers) Act 1919 and in
other Measures, enactments and instruments to the Church Assembly and to its
Constitution and Legislative Committee shall, as from the appointed day, be
construed as references or, where the contexts so require, as including
references to the General Synod and its Constitution and the Legislative
Committee appointed thereunder, respectively, and any definitions of the said
expressions and of “the National Assembly of the Church of England”
in section 1 of the said Act and in the Interpretation Measure 1925 shall cease
to apply or be limited to the said contexts.
* * * * * * *
CONSTITUTION AND FUNCTIONS OF DIOCESAN SYNODS
4. -(1) Diocesan synods shall be constituted for
all dioceses in accordance with Part IV of the Church Representation
Rules contained in Schedule 3 to this Measure and the
transitional provisions contained in Schedule 4.
(2) The functions
of the diocesan synod shall be –
(a) to consider matters concerning the
Church of England and to make provision for such matters in relation to their
diocese, and to consider and express their opinion on any other matters of
religious or public interest;
(b) to advise the bishop on any matters
on which he may consult the synod;
(c) to consider and express their
opinion on any matters referred to them by the General Synod, and in particular
to approve or disapprove provisions referred to them by the General Synod under
Article 8 of the Constitution:
Provided that the functions referred to in paragraph (a) hereof shall not include the issue
of any statement purporting to declare the doctrine of the Church on any
question.
(3) It shall be
the duty of the bishop to consult with the diocesan synod on matters of general
concern and importance to the diocese.
(4) Except as may
be provided by standing orders or directions of the diocesan synod, the
advisory and consultative functions of the synod under subsections (2)(b) and (3) of this section may be
discharged on behalf of the synod by the bishops council and standing committee
appointed in accordance with rule 28 of the Church Representation
Rules contained in Schedule 3 to this Measure, but either
the bishop or the body so appointed may require any matter to be referred to the
synod.
(5) The diocesan
synod shall keep the deanery synods of the diocese informed of the policies and
problems of the diocese and of the business which is to come before meetings of
the diocesan synod, and may delegate executive functions to deanery synods; and
shall keep themselves informed, through the deanery synods, of events and
opinion in the parishes, and shall give opportunities for discussing at
meetings of the diocesan synod matters raised by deanery synods and parochial
church councils.
(6) The General
Synod may by Canon or Regulation extend, amend or further define the functions
of diocesan synods, and if any question arises as to whether any matter falls
within the functions of a diocesan synod as laid down by subsection (2) of this
section or any such Canon or Regulation relating to that subsection, it shall
be decided by the bishop.
(7) As soon as a
diocesan synod has been constituted, the diocesan conference shall be dissolved
and all functions exercisable by the diocesan conference shall be transferred
to the diocesan synod, and any reference in any Measure or instrument to
diocesan conferences shall be construed as references to diocesan synod:
Provided that nothing herein shall prevent the bishop from
summoning a conference of persons appearing to him to be representative of the
clergy and laity of the diocese, on such occasions and for such purposes as he
thinks fit.
CONSTITUTION AND FUNCTIONS OF DEANERY SYNODS
5. * * * * * * *
(3) The
functions of a deanery synod shall be –
(a) to consider matters concerning the
Church of England and to make provision for such matters in relation to their
deanery, and to consider and express their opinion on any other matters of
religious or public interest;
(b) to bring together the views of the
parishes of the deanery on common problems, to discuss and formulate common
policies on those problems, to foster a sense of community and interdependence
among those parishes, and generally to promote in the deanery the whole mission
of the Church, pastoral, evangelistic, social and ecumenical;
(c) to make known and so far as
appropriate put into effect any provision made by the diocesan synod;
(d) to consider the business of the
diocesan synod, and particularly any matters referred to that synod by the
General Synod, and to sound parochial opinion whenever they are required or
consider it appropriate to do so;
(e) to raise such matters as the
deanery synod consider appropriate with the diocesan synod:
Provided that the functions referred to in paragraph (a) hereof shall not include the issue
of any statement purporting to declare the doctrine of the Church on any
question.
(4) If
the diocesan synod delegate to deanery synods functions in relation to the
parishes of their deaneries, and in particular the determination of parochial
shares in quotas allocated to the deaneries, the deanery synod shall exercise
those functions.
In this subsection “quota” means an amount to be
subscribed to the expenditure authorized by diocesan synods.
* * * * * * *
SHORT TITLE, INTERPRETATION AND EXTENT
9.-(1) This Measure may be cited as the
Synodical Government Measure 1969.
(2) In this
Measure “the appointed day” means such day as may be appointed by
the Archbishops of Canterbury and York,
following the completion of the first elections after the passing of this
Measure of the Lower Houses of the Convocations and of the House of Laity, and
“deanery” means rural deanery.
* * * * * * *
SCHEDULES
SCHEDULE 1
(Section 1)
FORM OF PROPOSED CANON
Of the General Synod and the Convocations
1. On
such day as may be appointed by the Archbishops of Canterbury and York under
the Synodical Government Measure 1969, the powers to legislate by Canon and
other functions of the Convocation of Canterbury [York], and the authority,
rights and privileges of the said Convocation, shall vest in the General Synod
of the Church of England, being the Church Assembly renamed and reconstituted
by the said Measure.
2. Notwithstanding
such vesting as aforesaid, the said Convocation may continue to meet
separately, within the province or elsewhere at such places and times as they
may determine, for the purpose of considering matters concerning the Church of
England and making provision by appropriate instruments for such matters in
relation to their province or referring such matters to the General Synod, and
shall meet for the purpose of discharging their functions under section 3 of
this Measure and their functions under Article 7 of the Constitution of
the General Synod in respect of provisions touching doctrinal formulae or the
services or ceremonies of the Church of England or the administration of the
Sacraments or sacred rites thereof, or to consider any other matter referred to
them by the General Synod:
Provided that the power to make provision as aforesaid shall not be
exercisable by Canon, and shall (without prejudice to the said Article 7)
be exercisable consistently with the exercise of functions by the General Synod
and, in the event of any inconsistency, the provision made by the General Synod
shall prevail.
3. The
said Convocation may, by their Standing Orders or otherwise, make provision for
joining to their two Houses, at such sittings and for the purposes of such of
their functions as they may determine, a House of Laity composed of –
(a) such of the members of the House of
Laity of the General Synod as are elected for areas in the province;
(b) such of the ex-officio and co-opted
members of the said House as may be allocated to the province for the purposes
of this paragraph by the President and the Prolocutor of the Houses of the said
Convocation and the Prolocutor and Pro-Prolocutor of the House of Laity of the
General Synod; and
(c) the member of the said House chosen
by the lay members of religious communities in the said province:
Provided that the House of Laity joined as aforesaid to the two
Houses of the said Convocation shall not be given any power to vote on any
matter referred to the Convocation under Article 7 of the said
Constitution, or any matter in respect of which powers are exercisable by the
Convocation in accordance with section 3 of the said Measure.
4. The
vesting of rights and privileges of the said Convocation in the General Synod
by this Canon shall not affect the right of the said Convocation (which shall
be exercisable also by the General Synod) to present addresses to Her Majesty,
or the right of the Lower House of the said Convocation to present gravamina to
the Upper House thereof.
SCHEDULE 2
(Section 2)
CONSTITUTION OF THE GENERAL SYNOD
1. The
General Synod shall consist of the Convocations of Canterbury and York joined together in a
House of Bishops and a House of Clergy and having added to them a House of
Laity.
2. The
House of Bishops and the House of Clergy shall accordingly comprise the Upper
and the Lower Houses respectively of the said Convocations, and the House of
Laity shall be elected and otherwise constituted in accordance with the Church Representation
Rules.
3.-(1) The General
Synod shall meet in session at least twice a year, and at such times and places
as it may provide, or, in the absence of such provision, as the Joint
Presidents of the Synod may direct.
(2) The General
Synod shall, on the dissolution of the Convocations, itself be automatically
dissolved, and shall come into being on the calling together of the new
Convocations.
(3) Business
pending at the dissolution of the General Synod shall not abate, but may be
resumed by the new Synod at the stage reached before the dissolution, and any
Boards, Commissions, Committees or other bodies of the Synod may, so far as may
be appropriate and subject to any Standing Orders or any directions of the
Synod or of the Archbishops of Canterbury and York continue their proceedings
during the period of the dissolution, and all things may be done by the Archbishops
or any such bodies or any officers of the General Synod as may be necessary or
expedient for conducting the affairs of the Synod during the period of
dissolution and for making arrangements for the resumption of business by the
new Synod.
(4) A member of
the General Synod may continue to act during the period of the dissolution as a
member of any such Board, Commission, Committee or body:
Provided that, if a member of the Synod who is an elected proctor
of the clergy or an elected member of the House of Laity does not stand for
re-election or is not re-elected, this paragraph shall cease to apply to him
with effect from the date on which the election of his successor is announced
by the presiding officer.
4.-(1) The Archbishops
of Canterbury and York shall be joint Presidents of the General Synod, and they
shall determine the occasions on which it is desirable that one of the
Presidents shall be the chairman of a meeting of the General Synod, and shall
arrange between them which of them is to take the chair on any such occasion :
Provided that one of the Presidents shall be the Chairman when any
motion is taken for the final approval of a provision to which Article 7
of this Constitution applies and in such other cases as may be provided in
Standing Orders.
(2) The Presidents
shall, after consultation with the Standing Committee of the General Synod,
appoint from among the members of the Synod a panel of not less than 3 or more
than 8 chairmen, who shall be chosen for their experience and ability as chairmen
of meetings and may be members of any House ; and it shall be the duty of one
of the chairmen on the panel, in accordance with arrangements approved by the
Presidents and subject to any special directions of the Presidents, to take the
chair at meetings of the General Synod at which neither of the Presidents take
the chair.
(3) The Provincial
Registrars shall be Joint Registrars of the General Synod.
5.-(1) A motion for the
final approval of any Measure or Canon shall not be deemed to be carried unless,
on a division by Houses, it receives the assent of the majority of the members
of each House present and voting :
Provided that by permission of the chairman and with the leave of
the General Synod given in accordance with Standing Orders this requirement may
be dispensed with.
(2) All other
motions of the General Synod shall, subject as hereinafter provided, be
determined by a majority of the members of the Synod present and voting, and
the vote may be taken by a show of hands or a division :
Provided that, except in the case of a motion relating solely to
the course of business or procedure, any 25 members present may demand a
division by Houses and in that case the motion shall not be deemed to be
carried unless, on such a division, it receives the assent of the majority of
the members of each House present and voting.
(3) This Article
shall be subject to any provision of this Constitution or any Measure requiring
a two-thirds majority of each House, and in that case the vote shall be taken
on a division by Houses.
6. The
functions of the General Synod shall be as follows: -
(a) to consider matters concerning the
Church of England and to make provision in respect thereof –
(i) by
Measure intended to be given, in the manner prescribed by the Church of England
Assembly (Powers) Act 1919, the force and effect of an Act of
Parliament, or
(ii) by Canon
made, promulged and executed in accordance with the like provisions and subject
to the like restrictions and having the like legislative force as Canons
heretofore made, promulged and executed by the Convocations of Canterbury and
York, or
(iii) by such
order, regulation or other subordinate instrument as may be authorized by
Measure or Canon ; or
(iv) by such Act of
Synod, regulation or other instrument or proceeding as may be appropriate in
cases where provision by or under a Measure or Canon is not required ;
(b) to consider and express their
opinion on any other matters of religious or public interest.
7.-(1) A provision
touching doctrinal formulae or the services or ceremonies of the Church of
England or the administration of the Sacraments or sacred rites thereof shall,
before it is finally approved by the General Synod, be referred to the House of
Bishops, and shall be submitted for such final approval in terms proposed by
the House of Bishops and not otherwise.
(2) A provision
touching any of the matters aforesaid shall, if the Convocations or either of
them or the House of Laity so require, be referred, in the terms proposed by
the House of Bishops for final approval by the General Synod, to the two
Convocations sitting separately for their provinces and to the House of Laity ;
and no provision so referred shall be submitted for final approval by the
General Synod unless it has been approved, in the terms so proposed, by each of
the two Convocations sitting as aforesaid and by the House of Laity.
(3) The question
whether such a reference is required by a Convocation shall be decided by the
President and Prolocutor of the Houses of that Convocation, and the Prolocutor
shall consult the Standing Committee of the Lower House of Canterbury or, as
the case may be, the Assessors of the Lower House of York, and the decision of
the President and Prolocutor shall be conclusive :
Provided that if, before such a decision is taken, either House of
a Convocation resolves that the provision concerned shall be so referred or
both Houses resolve that it shall not be so referred, the resolution or
resolutions shall be a conclusive decision that the reference is or is not
required by that Convocation.
(4) The question
whether such a reference is required by the House of Laity shall be decided by
the Prolocutor and Pro-Prolocutor of that House who shall consult the Standing
Committee of that House, and the decision of the Prolocutor and the
Pro-Prolocutor shall be conclusive :
Provided that if, before such a decision is taken, the House of
Laity resolves that the reference is or is not required, the resolution shall
be a conclusive decision of that question.
(5) Standing
Orders of the General Synod shall provide for ensuring that a provision which
fails to secure approval on a reference under this Article by each of the four
Houses of the Convocations or by the House of Laity of the General Synod is not
proposed again in the same or a similar form until a new General Synod comes
into being, except that, in the case of objection by one House of one
Convocation only, provision may be made for a second reference to the
Convocations and, in the case of a second objection by one House only, for
reference to the Houses of Bishops and Clergy of the General Synod for approval
by a two-thirds majority of the members of each House present and voting, in
lieu of such approval by the four Houses aforesaid.
(6) If any
question arises whether the requirements of this Article or Standing Orders
made thereunder apply to any provision, or whether those requirements have been
complied with, it shall be conclusively determined by the Presidents and
Prolocutors of the Houses of the Convocations and the Prolocutor and
Pro-Prolocutor of the House of Laity of the General Synod.
8.-(1) A Measure
providing for permanent changes in the Services of Baptism or Holy Communion or
in the Ordinal, or a scheme for a constitutional union or a permanent and substantial
change of relationship between the Church of England and another Christian
body, shall not be finally approved by the General Synod unless, at a stage
determined by the Archbishops, the Measure or scheme, or the substance of the
proposals embodied therein, has been approved by a majority of the dioceses at
meetings of their Diocesan Synods.
(2) Any question
whether this Article applies to any Measure or scheme, or whether its
requirements have been complied with, shall be conclusively determined by the
Archbishops, the Prolocutors of the Lower Houses of the Convocations and the
Prolocutor and Pro-Prolocutor of the House of Laity of the General Synod.
9.-(1) Standing Orders
of the General Synod may provide for separate sittings of any of the three
Houses or joint sittings of any two Houses, and as to who is to take the chair
at any such separate or joint sitting.
(2) The House of
Laity shall elect a Chairman and Vice-Chairman of that House who shall also
discharge the functions assigned by this Constitution and the Standing Orders
and by or under any Measure or Canon to the Prolocutor and Pro-Prolocutor of
that House.
10.-(1) The General
Synod shall appoint a Legislative Committee from members of all three Houses,
to whom shall be referred all Measures passed by the General Synod which it is
desired should be given, in accordance with the procedure prescribed by the Church of England
Assembly (Powers) Act 1919, the force of an Act of Parliament ;
and it shall be the duty of the Legislative Committee to take such steps with
respect to any such Measure as may be so prescribed.
(2) The General
Synod may appoint or provide by their Standing Orders for the appointment of a
Standing Committee and such other Committees, Commissions and bodies, which may
include persons who are not members of the Synod, and such officers as they
think fit.
(3) Each House may
appoint or provide by their Standing Orders for the appointment of such
Committees of their members as they think fit.
11.-(1) The General
Synod may make, amend and revoke Standing Orders providing for any of the
matters for which such provision is required or authorized by this Constitution
to be made, and consistently with this Constitution, for the meetings, business
and procedure of the General Synod.
(2) Each House may
make, amend and revoke Standing Orders for the matter referred to in Article 10(3)
hereof and consistently with this Constitution and with any Standing Orders of
the General Synod, for the separate sittings, business and procedure of that
House.
(3) Subject to
this Constitution and to any Standing Orders, the business and procedure at any
meeting of the General Synod or any House or Houses thereof shall be regulated
by the chairman of the meeting.
12.-(1) References to
final approval shall, in relation to a Canon or Act of Synod be construed as
referring to the final approval by the General Synod of the contents of the
Canon or Act, and not to the formal promulgation thereof :
Provided that the proviso to Article 4(1) shall apply both to
the final approval and to the formal promulgation of a Canon or Act of Synod.
(2) Any question
concerning the interpretation of this Constitution, other than questions for
the determination of which express provision is otherwise made, shall be
referred to and determined by the Archbishops of Canterbury and York.
(3) No proceedings
of the General Synod or any House or Houses thereof, or any Board, Commission,
Committee or body thereof shall be invalidated by any vacancy in the membership
of the body concerned or by any defect in the qualification, election or
appointment of any member thereof.
13. Any
functions exercisable under this Constitution by the Archbishops of Canterbury
and York, whether described as such or as Presidents of the General Synod, may,
during the absence abroad or incapacity through illness of one Archbishop or a
vacancy in one of the Sees, be exercised by the other
Archbishop alone.
SCHEDULE 3
(Section 4)
CHURCH REPRESENTATION RULES
* * * * * * *
PART IV
DIOCESAN SYNODS
Membership of Diocesan Synods
24.-(1) A diocesan synod shall consist of three
authorities, the bishop, who shall be president, a house of clergy and a house
of laity.
(2) The members of
the house of clergy shall consist of –
(a) the following ex-officio members,
that is to say : -
(i) the
suffragan bishop or bishops and any full-time assistant bishop or bishops ;
(ii) the dean or
provost of the cathedral (including in appropriate dioceses, the Dean of
Westminster, the Dean of Windsor and the Deans of Jersey
and Guernsey);
(iii) the
archdeacons ;
(iv) the proctors
elected from the diocese or from any university in the diocese (the University
of London being
for this purpose wholly in the diocese of London)
to the Lower House of the Convocation of the Province, excluding the registrar
of the diocese (if so elected) ;
(v) the chancellor
of the diocese (if in Holy Orders) ; and
(vi) the chairman of the
diocesan board of finance (if in Holy Orders) ;
(b) members elected by the houses of
clergy of the deanery synods in the diocese in accordance with the next
following rules ; and
(c) not more than five members (being
clerks in Holy Orders) co-opted by the house of clergy of the diocesan synod.
(3) The members of
the house of laity shall consist of :
-
(a) the following ex-officio members,
that is to say : -
(i) the
chancellor of the diocese (if not in Holy Orders) ;
(ii) the chairman
of the diocesan board of finance (if not in Holy Orders) ;
(iii) the members
elected from the diocese to the House of Laity of the General Synod, excluding
the registrar of the diocese (if so elected) ;
(b) members elected by the houses of
laity of the deanery synods in the diocese in accordance with the next
following rules ; and
(c) not more than five members co-opted
by the house of laity of the diocesan synod, who shall be actual communicant
members of the Church of England of age to vote at a Parliamentary election.
(4) The bishop of
the diocese may nominate ten additional members of the diocesan synod, who may
be of the clergy or the laity and shall be members of the appropriate house.
Elections of Members of Diocesan Synods by Deanery Synods
25.-(1) The elections
of members of the diocesan synod by the houses of clergy and laity of the
deanery synods in the diocese shall take place every three years, and the
members so elected shall hold office for a term ending with the election of
their successors.
(2) Any clerk in
Holy Orders who is a member of the deanery synod or is working or residing in
the deanery shall be qualified to be so elected by the house of clergy of a
deanery synod, and the electors shall be the members of that house other than
the co-opted members :
Provided that no clerk shall stand for election by more than one
deanery synod.
(3) Any lay person
who is an actual communicant member of the Church of England of age to vote at
a Parliamentary election and whose name is entered on the roll
of any parish in the deanery or who is a lay person declared by the dean to be
a habitual worshipper at the cathedral church of the diocese and to be
associated with the deanery, shall be qualified to be so elected by the house
of laity of a deanery synod, and the electors shall be the members of that
house other than the co-opted members :
Provided that a person whose name is entered on the roll of two parishes in different deaneries must choose one
of those parishes for the purpose of such qualification.
(4) The diocesan
synod shall, not later than the 1st December in the year preceding any such
election determine the numbers of members to be so elected by the houses of the
several deanery synods in the diocese, and the numbers shall –
(a) in the case of elections by the
houses of clergy, be related to the numbers of members of those houses in the
respective deanery synods ;
(b) in the case of elections by the
houses of laity, be related to the total numbers of names on the rolls of the
parishes in the respective deaneries as certified and adjusted under rule 4 :
Provided that at least two members shall be elected by each house
of every deanery synod.
(5) For the
purposes of such determination by the diocesan synod, the secretary of every
deanery synod shall, not later than the 1st July in the year preceding any such
election, certify the number of members of the house of clergy of the synod to
the secretary of the diocesan synod.
(6) The diocesan
synod shall so exercise their powers under this rule as to secure that the
number of members of the synod is not less than 150 and not more than 270 and
that the numbers of the two houses are approximately equal :
Provided that for the purposes of the first two elections after the
passing of this Measure of the diocesan synod for the diocese of London, and the filling of
casual vacancies among the persons then elected, this paragraph shall have
effect with the substitution of the number 500 for the number 270.
(7) Not later than
the 31st December in each year preceding any such elections, the secretary of
the diocesan synod shall certify to the secretary of every deanery synod the
numbers determined under this rule for that deanery synod.
26.-(1) Elections of
members of the diocesan synod by the houses of the deanery synods shall be
carried out in each diocese during such period between the 1st day of June and
the last day of July (both inclusive) as shall be fixed by the bishop of the
diocese.
(2) The presiding
officers for the deaneries in each diocese shall be appointed by the bishop,
and the expenses of elections shall be paid out of diocesan funds.
(3) Every
candidate must be nominated and seconded by a qualified elector. A notice in
the form set out in section 5 of Appendix I indicating the number of seats to
be filled and inviting nominations shall be dispatched to every elector by the
presiding officer not earlier than 1st June in each election year. Nominations
in the form set out in section 6 of Appendix I shall be sent to the presiding
officer in writing within such period not being less than 14 days as he shall
specify and be accompanied by a statement signed by the candidate of his
willingness to serve.
(4) If more
candidates are nominated than there are seats to be filled the names of the
candidates nominated shall be circulated on a voting paper in the form set out
in section 7 of Appendix I to every qualified elector.
(5) The voting
paper marked and signed by the elector shall be returnable to the presiding
officer within such period not being less than 14 days as he shall specify.
Only one vote may be given to any one candidate and no elector may give more
votes than there are seats to be filled. No vote shall be counted if given on a
voting paper not in accordance with this paragraph.
(6) Where owing to
an equality of votes an election is not decided, the decision between the
persons for whom the equal numbers of votes have been cast shall be taken by
lot by the presiding officer.
(7) A return of
the result of the election shall be sent by the presiding officer to the
secretary of the diocesan synod and a statement of the result shall be sent by
him to every candidate not later than the 1st September in each election year.
Variation of Membership of Diocesan Synods by Scheme
27.-(1) If it appears
to the diocesan synod that the preceding rules in this Part relating to the
membership of diocesan synods ought to be varied to meet special circumstances
of the diocese and to secure better representation of clergy or laity or both
on the diocesan synod, they may make a scheme for such variation, and if the
scheme comes into operation in accordance with the provisions hereinafter
applied, the said rules shall have effect subject to the scheme :
Provided that no scheme shall be made under this rule so as to come
into operation before the end of the first term of office of elected members of
the synod except for the purposes of the elections at the end of that term.
(2) Paragraphs (2)
and (3) of rule 21 shall apply to schemes under this rule as it applies to
schemes under that rule.
Procedure of Diocesan Synods
28.-(1) The diocesan
synod shall make standing orders which shall provide –
(a) that the bishop need not be
chairman of its meetings if and to the extent that standing orders otherwise
provide ;
(b) that there shall be a secretary of
the diocesan synod ;
(c) that a specified minimum number of
meetings being not less than two shall be held in each year ;
(d) that a meeting of the diocesan
synod shall be held if not less than a specified number of members of the synod
so request ;
(e) that subject to the two next
following sub-paragraphs, nothing shall be deemed to have the assent of the
diocesan synod unless the three authorities which constitute the synod have
assented thereto ;
(f) that questions relating only
to the conduct of business shall be decided by the votes of all the members of
the diocesan synod present and voting, and every other question shall be
decided in like manner, the assent of the three authorities being presumed,
unless any ten members present demand that a separate vote of each of the
houses of clergy and laity be taken, or unless the bishop requires his distinct
opinion to be recorded ;
(g) that if the votes of the houses of
clergy and laity are in favour of any matter referred
to the diocesan synod by the General Synod under the provisions of Article 8
of Schedule 2 of this Measure, that matter shall be deemed to have been
approved for the purposes of the said Article ;
(h) that there shall be a
bishop’s council and standing committee of the diocesan synod with such
membership as may be provided by standing orders and with the functions
exercisable by it under section 4(4) of the Measure and such other functions as
may be provided by the standing orders or by these rules or by any Measure or
Canon ;
and may contain such further provisions consistent with these rules
as the diocesan synod shall consider appropriate.
(2) The registrar
of the diocese shall be the registrar of the diocesan synod, and may appoint a
deputy.
APPENDIX I
* * * * * * *
|
Section
5
|
|
Rule
26(3)
|
|
NOTICE
OF ELECTION TO HOUSE OF CLERGY OR HOUSE OF LAITY OF DIOCESAN SYNOD
|
|
Diocese of .................................................................................................
|
|
Deanery of
................................................................................................
|
|
1. An election of ........ members of the House of Clergy/Laity of
the Diocesan Synod will be held in the above Deanery on...................
|
|
2. Candidates must be nominated and seconded by qualified electors
on forms to be obtained from.........................................
|
|
3. Nominations must be received by no later than 12 o’clock (noon) on
.....................................................................................
|
|
Date.....................................................
|
|
..............................................
|
|
Presiding
Officer.
|
|
Section
6.
|
|
Rule
26(3).
|
|
FORM
OF NOMINATION TO THE HOUSE OF CLERGY OR HOUSE OF LAITY OF THE DIOCESAN SYNOD.
|
|
Diocese of
...............................................................................................
|
|
Deanery of...............................................................................................
|
|
Election
of members of the House of Clergy/Laity of the Diocesan Synod
|
|
We the
undersigned, being qualified electors, hereby nominate the following person
as a candidate at the election in the above Deanery.
|
|
Surname
|
Other
Names
|
Address
and Description
|
|
|
|
|
|
Proposer’s
signature.................................................................................
|
|
Proposer’s full name................................................................................
|
|
Address
....................................................................................................
|
|
Seconder’s
signature................................................................................
|
|
Seconder’s full name
...............................................................................
|
|
Address
....................................................................................................
|
|
I, the above named
....................................................... hereby signify my
willingness to serve as a member of the House of Clergy/Laity of the Diocesan
Synod if elected.
|
|
Candidate’s signature.....................................
|
|
Note : This
nomination must be sent to
.................................................... so as to be received no
later than 12 noon on
.................................
|
|
Section
7
|
|
Rule
26(4).
|
|
FORM
OF VOTING PAPER FOR ELECTIONS TO THE HOUSE OF CLERGY OR THE HOUSE OF LAITY OF
THE DIOCESAN SYNOD
|
|
..............................................................
Diocesan Synod.
|
|
|
Election
of members of the House of Clergy/Laity.
|
|
|
Deanery of
...............................................................................................
.............................................................members to be
elected.
|
|
|
Voting
Paper.
|
|
Candidates’
names, addresses and descriptions
|
Mark
your vote in this column
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Instructions
to Voters.
|
|
1.
|
This voting paper
must be signed.
|
|
2.
|
You have as many
votes as there are members to be elected.
|
|
3.
|
You may not give
more than one vote to any one candidate.
|
|
4.
|
You vote by
placing an “X” opposite the name(s) of the candidate(s) of your
choice.
|
|
5.
|
If you inadvertently
spoil your voting paper you may return it to the Presiding Officer who will
give you another paper.
|
|
6.
|
This voting paper
duly voted upon and signed must be delivered (by post or otherwise) to
............................................................. so as to arrive
by no later than ........................................................
|
|
Signature of Voter...............................
|
|
Full name ...........................................
|
|
Address .............................................
............................................
|
* * * * * * *
* * * * * * *
SCHEDULE 4
(Section 4)
TRANSITIONAL PROVISIONS
Transfer of Functions from Convocations
1.-(1) The transfer of functions from the Convocations
of Canterbury and York to the General Synod on the appointed day shall not
affect the validity of anything done by the Convocations before the appointed
day in the exercise of those functions ; and any Canons, Acts of Convocation,
regulations, directions, instruments or other things made, given or done by the
said Convocations in the exercise of those functions shall, if in force
immediately before that day, continue in force and have effect as if they had
been made, given or done by the General Synod.
(2) Any business
of the said Convocations in the exercise of the functions aforesaid, being
business which was pending immediately before the dissolution of the said
Convocations preceding the appointed day, shall not abate by reason of the
dissolution but may be resumed by the General Synod at the stage which the
business had reached immediately before the dissolution.
Reconstitution of Church Assembly
2.-(1) The reconstitution of the Church
Assembly as the General Synod shall not affect the validity of anything done by
the Assembly before the appointed day ; and any orders, regulations, rules,
directions, instruments or other things made, given or done by the Church
Assembly and in force immediately before the appointed day shall continue in
force and have effect as if they had been made, given or done by the Church
Assembly reconstituted as the General Synod.
(2) The
reconstitution of the Church Assembly as the General Synod shall not affect any
Boards, Commissions, Committees or other bodies of the Church Assembly which
would otherwise continue in being, or any officers of the Church Assembly
(which expression includes all persons in receipt of salaries paid from the
Church Assembly Fund) ; and they shall continue as the Boards, Commissions,
Committees, bodies and officers of the General Synod, but without prejudice to
the making of such changes as the General Synod may determine in accordance
with its constitution and standing orders.
(3) Any business
pending before the Church Assembly immediately before the appointed day may be
continued by the Assembly reconstituted as the General Synod.
(4) The
Archbishops of Canterbury and York may, before the appointed day, make or
authorize the making of all such temporary appointments and arrangements and
the doing of all such things as they may think necessary to enable the
functions of the General Synod to be discharged effectively as from the
appointed day.
Changes affecting Diocesan and Ruridecanal
Conferences
3.-(1) The dissolution of a diocesan conference
and the transfer of functions from the conference to a diocesan synod shall not
affect the validity of anything done by the conference before its dissolution
or affect the continuance in being of any other diocesan body ; and any scheme,
direction, appointment, election, resolution, notice, instrument or other thing
given, made or done by the diocesan conference which could have been given,
made or done by the diocesan synod shall, if in force immediately before the
conference was dissolved, continue in force and have effect as given, made or
done by the diocesan synod.
(2) The repeal of
the Representation of the Laity Measure 1956 and the Diocesan Conferences
Regulation 1958 shall not take effect as respects any diocesan conference or ruridecanal conference until that conference is dissolved
under this Measure.
(3) It shall not
be necessary to hold any further elections of members of diocesan conferences
and ruridenacal conferences and the term of office of
the existing elected members thereof shall be extended until the conferences
are dissolved under this Measure, and this provision shall be deemed to have
had effect as from the 1st
January, 1969.
Commencement of Church Representation Rules
4.-(1) The repeal of the Rules for the
Representation of the Laity by this Measure shall not affect any person’s
membership of the House of Laity or of any other body, or the tenure of any
office, or the contents of any church electoral roll, until such membership is
terminated, or such office is vacated, or such roll is revised or replaced,
under the Church
Representation Rules.
(2) The references
in rule 12(1)(e) of the said Rules to
lay members of any deanery synod, diocesan synod or the General Synod shall,
until the said synods are respectively constituted, be construed as references
to lay members of any ruridecanal conference,
diocesan conference or the Church Assembly, and references in rule 19(2) and
(3) and Rule 24(3) to the General Synod shall, until it is constituted, be
construed as references to the Church Assembly.
(3) Any
determination, resolution, appointment, ruling, consent or other thing made,
given or done for the purposes of any provision of the Rules for the
Representation of the Laity shall, if in effect immediately before the
commencement of this Measure, continue to have effect, so far as applicable,
for the purposes of any corresponding provision of the Church Representation
Rules, and may be revoked or varied as if made under the
last-mentioned Rules.
5.-(1) The first elections of parochial representatives
of the laity to deanery synods under the Church Representation
Rules shall take place at the annual meetings of parishes in the
year 1970, and the first choosing of members of deanery synods under any such
resolution as is mentioned in Part III of the said Rules shall be completed not
later than thirtieth April in that year, and the powers of diocesan synods
under the said Part III shall, for the purposes of the first elections and
choosing as aforesaid, be exercised by diocesan conferences.
(2) The first
elections by the members of deanery synods of members of diocesan synods under
Part IV of the Church
Representation Rules shall take place in the year 1970 ; and the
diocesan synods shall forthwith after those elections be constituted in accordance
with the said Part IV, and the powers of diocesan synods under that Part shall,
for the purposes of those first elections, be exercised by diocesan
conferences.
(3) The election
of members of the House of Laity due to take place in the year 1970 under the
Rules for the Representation of the Laity shall be held during the periods in
that year fixed under rule 25(1) of those Rules, and rule 25(4) thereof shall
apply to that election instead of rule 33(4) of the Church Representation
Rules, but in other respects the election and matters connected
therewith shall be held and carried out in accordance with the Church Representation
Rules, subject to the modification that the powers exercisable by
the General Synod shall be exercisable by the Church Assembly (as constituted
at the passing of this Measure) ; and the House of Laity then elected and
constituted shall, on the appointed day, be the House of Laity of the General
Synod.
(4) Any
certificate or information required by the Church Representation
Rules to be given to or by the secretaries of deanery synods,
diocesan synods or the General Synod shall, before the said synods are
constituted, be given to or by the secretaries of ruridecanal
conferences, diocesan conferences or the Church Assembly, as the case may be,
and the certificate required to be given under rule 25(5) shall certify the
number of beneficed or licensed clergy of the chapter of clergy of the ruridecanal conference, which shall be treated as if it
were the house of clergy of the deanery synod ; and any certificates received
by the secretaries of the said conferences shall, where necessary, be given or
sent to the secretaries of the said synods when they are constituted.
(5) The powers of
diocesan synods under rule 23 and rule 28 of the said rules to make rules of
procedure for deanery synods and diocesan synods respectively shall be
exercisable by diocesan conferences before the constitution of diocesan synods,
without prejudice to any rules so made being amended or replaced by diocesan synods
when constituted.
Power to Remove Transitional Difficulties
6.-(1) If any difficulty arises on or in
connection with any of the transitional matters for which this Schedule
provides, it shall be referred to the Archbishops of Canterbury and York who may
give any directions which they may consider expedient for the purpose of
removing the difficulty, and such directions may extend the time for doing
anything required by the Church Representation Rules for or in connection with
the first elections or choosing of members of any bodies constituted under or
in accordance with those Rules.
(2) Rule 43(6) and
(7) of the said Rules shall extend to the functions of the Archbishops under
this paragraph.