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The Faculty Jurisdiction Rules 2015

Type Statutory-Instrument

Publication 2015-05-18

Last updated 2024-01-01

State In force

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(a) submitted to the registry not less than 21 days before the hearing; and

(b) accompanied by a witness statement containing the evidence to be relied on.

Evidence of Historic England and national amenity societies

13.3

(1) Historic England or a national amenity society may apply to give evidence whether or not it has been given special notice under rule 9.3.

(2) An application under this rule must be—

(a) submitted to the registry not less than 21 days before the hearing; and

(b) accompanied by a witness statement containing the evidence to be relied on.

Judge’s witness

13.4

The court may direct the attendance of any of the following to give evidence at a hearing if it appears that the person may be able to give relevant evidence and is willing to give it—

(a) a member or officer of the Church Buildings Council;

(b) a member or officer of the Diocesan Advisory Committee;

Witness statements

13.5

(1) Rules 11.4 (witness statements) and 11.5 (expert reports) apply, so far as applicable, to evidence under this Part.

(2) Where evidence is to be given under this Part on behalf of a body, any witness statement setting out that evidence must state the extent to which the witness is speaking on behalf of the body or is acting as an expert.

Notice to parties

13.6

Where an application to give evidence is made under rules 13.1 to 13.3, or where a direction is given under rule 13.4, the registrar must—

(a) give the parties written notice of the application or direction;

(b) provide them with the name and address of the witness;

(c) in the case of an application made under rules 13.1 to 13.3, send them a copy of the witness statement that accompanies the application; and

(d) in the case of a witness whose attendance is directed under rule 13.4, inform them of the nature of the evidence that is sought from that witness.

Treatment of non-party witness

13.7

A witness who gives evidence under any of rules 13.2 to 13.4 may ask questions of any party if the court gives permission.

PART 14 — Disposal of proceedings by written representations

Conditions for disposal by written representations

14.1

(1) The chancellor may order that any proceedings in the consistory court be determined on consideration of written representations instead of by a hearing if the chancellor considers, having regard to the overriding objective in Part 1, that it is expedient to do so.

(2) Before making an order under paragraph (1) the chancellor must invite the parties to submit in writing, within a specified period of time, their views on such a course; and the chancellor must take account of those views before deciding whether to make the order.

Directions

14.2

(1) Where an order is made under rule 14.1 the chancellor may give directions for the purpose of determining the proceedings on consideration of written representations.

(2) If a party fails to comply with a direction under paragraph (1) the chancellor may proceed to dispose of the proceedings without further reference to that party.

Revocation of order for disposal by written representations

14.3

(1) The chancellor may at any time prior to the final determination of the proceedings in the consistory court revoke an order that they be determined on consideration of written representations.

(2) If the chancellor revokes an order under paragraph (1) directions must be given for the future conduct of the proceedings.

Inspection of church etc.

14.4

Where an order has been made under rule 14.1, the chancellor may nevertheless inspect any church, other building, article or thing which is the subject of the proceedings or concerning which any question arises in the proceedings.

Determination

14.5

(1) Where an order has been made under rule 14.1 and has not been revoked, the chancellor may proceed to determine the proceedings upon consideration of all relevant material before the court, including any written representations submitted to the court in accordance with directions given under rule 14.2.

(2) The chancellor’s determination is to have the same effect for all purposes as if it had been made after an oral hearing.

PART 15 — Interim faculties

Scope and effect of interim faculties

15.1

(1) An interim faculty may be granted by the chancellor for any matter in respect of which a faculty might be granted following the final determination of a petition.

(2) Subject to the terms on which it is granted, an interim faculty constitutes authority to carry out the works or proposals in respect of which it is granted in the same way as a faculty that is granted following the final determination of a petition.

Applications for interim faculties

15.2

(1) An application for an interim faculty may be made by any person who is entitled to submit a petition for a faculty under rule 5.2(2).

(2) An application may be made before or after faculty proceedings have been started in respect of the works or other proposals.

(3) An application may be made in any manner the court allows.

Grant of interim faculties

15.3

(1) An interim faculty may be granted on such terms as appear to the chancellor to be just.

(2) In particular, an interim faculty may be granted on terms as to—

(a) the giving of such notice of the works or other proposals as the court may direct;

(b) the cessation of works or other action pending further order of the court if any objection is raised;

(c) the giving by the applicants of undertakings to comply with any directions of the court, including any direction relating to reinstatement following the carrying out of any works authorised by the interim faculty.

(3) If an application for an interim faculty is made before faculty proceedings have been started, unless the chancellor orders otherwise, the applicant must give an undertaking to submit a petition for a faculty in respect of the works or other proposals within a period of time specified by the chancellor.

(4) An interim faculty may be varied, extended or revoked by the court as it thinks fit.

PART 16 — Injunctions and restoration orders

Applicant

16.1

An application for an injunction or restoration order may be made by—

(a) the archdeacon;

(b) any other person appearing to the court to have a sufficient interest in the matter.

Form of application

16.2

(1) An application for an injunction or a restoration order is made by submitting an application in Form 16 to the registry to be issued by the registrar (but see rule 16.6 (interim orders)).

(2) An application submitted under paragraph (1) must be accompanied by a witness statement made by the applicant or a person acting on the applicant’s behalf.

(3) The witness statement that accompanies an application must—

(a) give details of the facts and matters relied on in support of the application;

(b) be verified by a statement of truth in the following form—

I believe that the facts stated in this witness statement are true.

; and

(4) Before the registrar issues an application made under paragraph (1) the registrar must enter details of the place and date of hearing in the relevant place in Form 16.

Service of application

16.3

(1) An application for an injunction or restoration must be served by the applicant in accordance with this rule (but see rule 16.6 (interim orders)).

(2) Unless the court directs otherwise, the application, together with a copy of the witness statement required by rule 16.2(2), must be served not less than 2 days before the date of hearing entered by the registrar under rule 16.2(4) on—

(a) any person against whom the applicant is seeking an injunction or restoration order;

(b) where faculty proceedings have been started in relation to the subject matter of the application, each of the parties to those proceedings;

(d) the minister (unless the minister is the applicant) or, where there is no minister, the churchwardens (unless they are the applicants).

(3) The court may dispense with service on any of the persons mentioned in paragraph (2) if it considers that it is impracticable to serve the application on that person.

(4) If the court dispenses with service under paragraph (3) it may give directions for such other steps to be taken as it thinks fit for bringing the application to the notice of any person who would otherwise be required to be served with the application.

(5) Once the applicant has served each of the persons required to be served with the application, the applicant must submit to the registry a certificate of service that—

(a) states the title of the proceedings as stated in the application;

(b) states, in respect of each of the persons who have been served—

(i) what was served;

(ii) the method of service;

(iii) the address at which the application was served; and

(iv) the date on which the application was served;

I believe that the facts stated in this certificate are true.

; and

(d) is signed and dated by the maker of the certificate.

Evidence in response to application

16.4

(1) Any person who is served with an application for an injunction or a restoration order may serve a witness statement in response.

(2) A witness statement under paragraph (1) must be—

(a) verified by a statement of truth in the following form—

I believe that the facts stated in this witness statement are true.

; and

(b) signed and dated by the person making the statement

(c) served on the applicant and sent to the registry within 14 days of the service of the application for an injunction or restoration order.

(3) Subject to Parts 11 and 12, any person who may serve a witness statement in response under this rule may also—

(a) give oral evidence at the hearing;

(b) call witnesses; and

Terms of injunction or restoration order etc.

16.5

(1) The chancellor may issue an injunction or make a restoration order on such terms as appear to the chancellor to be just.

(2) An injunction and the terms on which it is issued must be in Form 17.

(3) A restoration order and the terms on which it is made must be in Form 18.

(4) Every injunction and restoration order must contain a penal notice in the following form—

If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and imprisoned or fined, or your assets may be seized.

(5) An order requiring a person to do an act must state the time within which the act is to be done.

(6) The chancellor must give directions as to the service of an injunction or restoration order.

Interim orders

16.6

(1) Where an applicant considers that it is necessary to apply for an injunction or restoration order without complying with rules 16.2 and 16.3, the applicant may inform the registrar that the matter is one of urgency and must supply the registrar with such information as the registrar may require.

(2) Where the registrar is informed that a matter is one of urgency under paragraph (1) the registrar must immediately refer the matter to the chancellor.

(3) If the chancellor considers that the matter is of such urgency that an injunction or restoration order should be issued without compliance with rules 16.2 and 16.3 the chancellor may issue an interim injunction or interim restoration order.

(4) If the court considers it just and expedient to do so it may make an interim injunction or interim restoration order without a hearing and without affording the person against who the injunction or restoration order is made an opportunity to be heard.

(5) Subject to paragraph (6), an interim injunction is to continue in force for the period of time specified in the injunction which must not be more than 14 days from the date on which it is issued.

(6) The period of time specified under paragraph (5) may be extended by subsequent order of the court (and may be extended beyond 14 days).

(7) Subject to paragraphs (5) and (6), an interim injunction or interim restoration order may be issued on such terms as appear to the chancellor to be just.

(8) An interim injunction or interim restoration order and the terms on which it is issued must be in Form 19.

(9) If the chancellor issues an interim injunction or interim restoration order the chancellor must give directions—

(a) for the service of the injunction or restoration order on the person against whom it is issued;

(b) requiring the applicant to serve an application in Form 16 and a witness statement complying with rule 16.2(3) on the person against who the injunction or restoration order is issued; and

Injunction or restoration order issued of court’s own initiative

16.7

(1) The court may issue an injunction or restoration order (including an interim injunction or interim restoration order) of its own initiative.

(2) If the court considers it just and expedient to do so it may make an interim injunction or interim restoration order without a hearing and without affording the person against who the injunction or restoration order is made an opportunity to be heard.

(3) An injunction issued of the court’s own initiative must—

(a) be in Form 20; and

(b) in the case of an interim injunction, continue in force for the period of time specified in the injunction which must not be more than 14 days from the date on which it is issued.

(4) The period of time specified under paragraph (3)(b) may be extended by subsequent order of the court (and may be extended beyond 14 days).

(5) If the court issues an interim injunction or interim restoration order of its own initiative the chancellor must give directions—

(a) for the service of the injunction or restoration order by the registrar on the person against whom it is issued; and

(b) subject to rule 14.1, for the hearing of the matter.

(6) Before making a restoration order of the court’s own initiative, the chancellor must consider whether a special citation should be served on any person against whom a restoration order might be made requiring that person to attend before the court and affording that person an opportunity of being heard.

(7) A restoration order made of the court’s own initiative must be in Form 21.

Variation etc. of injunction or restoration order

16.8

Any injunction or restoration order may be varied, extended or discharged by the court as it thinks fit.

Undertakings

16.9

(1) In any proceedings for an injunction or a restoration order the court may accept an undertaking from the person against whom the proceedings have been brought.

(2) In paragraph (1) an undertaking is an undertaking to do or not to do a specified act.

(3) The court may decline to accept an undertaking.

(4) If the court accepts an undertaking it must require the party giving the undertaking to make a signed statement to the effect that the party understands the terms of the undertaking and the consequences of failure to comply with it.

(5) An undertaking to do an act must state the time within which the act is to be done.

PART 17 — Delivery of documents

Methods of service etc.

17.1

(1) Subject to any other provision of these Rules, any document may be served or sent by any of the following methods—

(a) delivering it to or leaving it at the proper address of the person to be served;

(b) sending it by first class post to that address;

(d) sending it by electronic means as provided for in rule 17.4; or

(e) in such other manner as the court may direct.

(2) In the case of a document that is required to be filed or sent or submitted to the registrar or the registry, it may be—

(a) delivered to the registry;

(b) sent by first class post addressed to the registrar at the registry; or

(bb) in the case of an objection to works or proposals in response to a public notice under Part 6, by email to the email address for the diocesan registrar given on the public notice;

Meaning of ‘proper address’

17.2

The proper address of a person for the purposes of this Part is—

(a) that person’s usual or last known address; or

(b) the business address of a solicitor (if any) who is acting for that person in the proceedings.

Service through document exchange

17.3

(1) Service may be effected via a document exchange where this rule applies.

(2) This rule applies if—

(a) a person has given a numbered box at a document exchange as that person’s address for service;

(b) a document exchange box number is inscribed on the writing paper of a party who acts in person or on the writing paper of a solicitor who acts for a party and the party or solicitor has not indicated in writing to the person serving the document that he or she is unwilling to accept service through a document exchange.

Service by electronic means

17.4

(1) Where a document is to be served by electronic means, the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving the document—

(a) that the party to be served or the solicitor is willing to accept service by electronic means; and

(b) the e-mail address or other electronic identification to which it must be sent.

(2) The following are to be taken as sufficient written indications for the purposes of paragraph (1)—

(a) an e-mail address or other electronic identification set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address or electronic identification may be used for service; or

(b) an e-mail address or other electronic identification set out on a petition, application or other pleading.

Deemed time of submission, filing and service

17.5

A document is deemed to have been submitted, filed , received or served under these Rules on the day shown in the following table—

Method	Deemed date of submission receipt, filing or service

First class post (or other service which provides for delivery on the next business day)	The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or, if not, the next business day after that day

Document exchange	The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or, if not, the next business day after that day.

Delivering the document to or leaving it at an address permitted by these Rules	If it is delivered to or left at the address on a business day before 4.30 p.m., on that day; or in any other case, the next business day after that day

Electronic means	If the email or other electronic transmission is sent on a business day before 4.30 p.m., on that day; or in any other case, on the next business day after the day on which it was sent

Personal service	If the document is served personally before 4.30 p.m. on a business day, on that day; or in any other case, on the next business day after that day

PART 18 — The court’s case management powers

The court’s general powers of case management

18.1

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may—

(a) extend or shorten the time for compliance with any rule or court order (even if an application for extension is made after the time for compliance has expired);

(b) give permission to a party to amend any pleading or other document on such terms (including as to the giving of further public notice) as it considers just;

(d) require a party or a party’s legal representative to attend the court;

(e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(f) direct that part of any proceedings be dealt with as separate proceedings;

(g) stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

(h) consolidate proceedings;

(i) try two or more sets of proceedings on the same occasion;

(j) direct a separate trial of any issue;

(k) decide the order in which issues are to be tried;

(l) exclude an issue from consideration;

(m) dismiss or give judgment on any proceedings after a decision on a preliminary issue;

(n) order any party to file and serve an estimate of costs;

(o) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

(3) When the court makes an order, it may—

(a) make it subject to conditions, including a condition to pay a sum of money into court; and

(b) specify the consequence of failure to comply with the order or a condition.

(4) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

(5) An order under paragraph (2)(a) may be made by the registrar.

Registrar’s power to refer to chancellor

18.2

Where, in relation to proceedings in a consistory court, a step is to be taken by the registrar—

(a) the registrar may consult the chancellor before taking that step;

(b) the step may be taken by the chancellor instead of the registrar.

Court’s power to make order of its own initiative

18.3

(1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers (under this or any other Part) on an application or of its own initiative.

(2) Where the court proposes to make an order of its own initiative—

(a) it may give any person likely to be affected by the order an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes—

(a) to make an order of its own initiative; and

(b) to hold a hearing to decide whether to make the order,

it must give each party likely to be affected by the order at least 3 days’ notice of the hearing.

(4) The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has made an order under paragraph (4)–

(a) a party affected by the order may apply to have it set aside, varied or stayed; and

(b) the order must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made–

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

(7) Paragraphs (3) to (6) do not apply where the court makes, or proposes to make, an order of its own initiative under rule 3.7(4) (determination of question whether a particular matter may be undertaken without a faculty) or rule 16.7 (injunction or restoration order issued of court’s own initiative).

PART 19 — Costs

General

19.1

(1) The court may exercise its power to make an order for costs against a party at any stage in proceedings.

(2) If a court proposes to make an order for costs other than at a hearing it must afford the person against whom the order is proposed to be made an opportunity to make representations to the court, either in writing or at a hearing, as the court thinks fit.

(3) The court may comply with the requirements of paragraph (2) by making a provisional order for costs that is to come into effect after the expiry of a specified period of time unless within that period the person against whom the order is made makes representations as to why the order should not have been made.

Assessment of costs

19.2

Unless the amount of any costs is specified in the order made by the court, costs are to be assessed by the registrar in such manner as the registrar thinks just, subject to any directions given by the court.

Appeals against registrar’s assessment

19.3

(1) Any appeal against the registrar’s assessment of costs relating to proceedings in a consistory court is to be made to the chancellor in such manner as the chancellor may direct.

(2) On an appeal the chancellor may confirm or vary the registrar’s assessment.

Special citation of persons in default

19.4

(1) Where any person who is not already a party to faculty proceedings is alleged to be responsible or partly responsible for an act or default in consequence of which the proceedings were instituted the court may issue a special citation adding that person as a party to the proceedings.

(2) A special citation issued under paragraph (1) must state—

(a) that the person is being added as a party to the proceedings in order that the court may consider making an order for costs against that person under section 69 of the Measure; and

(b) the grounds on which it is alleged that the person is responsible or partly responsible for the act or default in question.

(3) If a special citation requires a person to attend court it must specify the date, time and place at which that person is to attend.

Security for costs

19.5

(1) The court may order any party to give security for costs at any stage in proceedings if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order.

(2) An order for security for costs may be made on the application of a party or of the court’s own initiative.

(3) An application for an order for security for costs must be supported by written evidence.

(4) Where the court makes an order for security for costs, it will—

(a) determine the amount of the security; and

(b) direct—

(i) the manner in which, and

(ii) the time within which

the security must be given.

PART 20 — Miscellaneous and General

Inspection of church etc.

20.1

The court may at any stage in proceedings inspect any church, other building, article or thing which is the subject of the proceedings or concerning which any question arises in the proceedings.

Non-compliance

20.2

(1) A failure to comply with any provision of these Rules does not render any proceedings void unless the court directs otherwise.

(2) Where there has been a failure to comply with any provision of these Rules, the court may set aside (either wholly or in part) or vary any faculty, judgment, order or decree on such terms as appear to the court to be just.

Amendment and setting aside in other circumstances

20.3

(1) If it appears to the court just and expedient to do so, it may order that any faculty, judgment, order or decree—

(a) be set aside (either in whole or in part); or

(b) be amended.

(2) If the court is considering exercising the power conferred by paragraph (1)(b) in a manner that would constitute a substantial change in the works or proposals already authorised by faculty the court must give such directions as to the giving of notice to the public and to such other persons and bodies as it considers just.

Clerk of the court

20.4

(1) Subject to paragraph (2), the registrar is to sit as clerk of the court.

(2) If the court considers that the registrar ought not to sit as the clerk of the court at a particular hearing because—

(a) the registrar has acted for any of the parties; or

(b) has otherwise been personally connected with the proceedings,

the court must appoint another suitably qualified person to sit as clerk in place of the registrar at the hearing.

Procedural questions

20.5

(1) Where—

(a) any procedural question arises in relation to proceedings to which these Rules apply; or

(b) the court considers it expedient that any procedural direction be given in relation to the proceedings,

and in either case no provision is made for that matter in these Rules, the court is to resolve that question or to give such directions as appear to the court to be just and convenient.

(2) In resolving any question, or giving any directions, under paragraph (1) the court must be guided, so far as practicable, by the Civil Procedure Rules 1998⁷.

Departure from prescribed forms

20.6

(1) Where a rule requires a document to be in a particular form prescribed by these Rules and that form is not in all respects suitable, the rule is to be construed as requiring a form in substantially the same form but subject to such variations as the circumstances require.

(2) The court may approve or give directions as to the forms that are to be used—

(a) where a faculty is sought—

(i) for exhumation;

(ii) for the reservation of a grave space;

(iii) in relation to a memorial in a churchyard or consecrated burial ground;

(b) in any other case where these Rules do not require a document to be in a particular form.

Electronic signatures

20.7

Where any provision of these Rules requires a document to be signed, or any form prescribed by these Rules requires a signature, the document or form may be signed by electronic means.

PART 21 — Appeals

Application of Parts 21 to 27 to appeals

21.1

Parts 21 to 27 (in addition to the other Parts referred to in rule 2.1(2)) apply for the purpose of appeals from judgments, orders or decrees of consistory courts in faculty proceedings and in proceedings for an injunction or a restoration order.

Interpretation of Parts 21 to 27

21.2

In Parts 21 to 27—

“appeal notice” means grounds of appeal, a notice of appeal, a respondent’s notice, or a petition seeking a review of a finding of the Court of Ecclesiastical Causes Reserved;

“appellant” means a party who brings or seeks to bring an appeal and includes a party who seeks a review of a finding of the Court of Ecclesiastical Causes Reserved by a Commission of Review;

“the Dean” means the Dean of the Arches and Auditor and includes any person appointed to act as deputy Dean of the Arches and Auditor;

“diocesan registrar” and “diocesan registry” mean, respectively, the registrar of the consistory court and the registry of the diocese for which that court is constituted;

“filing”, in relation to a document, means delivering it by post or otherwise (including, where the registrar allows, by electronic means) to the registry;

“lower court” means the court from whose decision an appeal is brought;

“party” means—in relation to faculty proceedings, any of the persons referred to in rule 5.1, orin relation to proceedings for an injunction or restoration order, the person who made the application for an injunction or restoration order and any person against whom an injunction or restoration order has been sought in those proceedings;

“provincial court” means—in the case of an appeal from the consistory court of a diocese in the Province of Canterbury, the Arches Court of Canterbury, orin the case of an appeal from the consistory court of a diocese in the Province of York, the Chancery Court of York; and

“respondent” means—any person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal, andany person who is permitted by the appeal court to be a party to the appeal.

PART 22 — Destination of appeals and permission to appeal

Appeals from consistory courts

22.1

(1) This rule explains—

(a) the destination of an appeal from a judgment, order or decree of a consistory court—

(i) in faculty proceedings, or

(ii) in proceedings for an injunction or a restoration order; and

(b) whether permission to appeal is needed.

(2) The appeal lies to the provincial court unless the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.

(3) The appeal lies to the Court of Ecclesiastical Causes Reserved if the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.

(4) Rules 23.1 and 23.2 make provision for determining whether an appeal relates to any extent to matter involving doctrine, ritual or ceremonial.

(5) An appellant who wishes to appeal to the provincial court under paragraph (2) needs permission to appeal. (See rule 22.2 and Part 23.)

(6) Permission is not needed to appeal to the Court of Ecclesiastical Causes Reserved under paragraph (3).

Test for permission to appeal to provincial courts

22.2

Permission to appeal to a provincial court may be granted only where the judge to whom the application for permission to appeal is made considers that—

(a) the appeal would have a real prospect of success; or

(b) there is some other compelling reason why the appeal should be heard.

Appeals from provincial courts

22.3

(1) An appeal from a judgment of a provincial court in faculty proceedings (but not in proceedings for an injunction or restoration order) lies to the Judicial Committee of the Privy Council (“the Judicial Committee”).

(2) An appellant needs permission from the Judicial Committee to bring an appeal under paragraph (1).

(3) The procedure for appeals to the Judicial Committee (including the procedure for obtaining permission to appeal) is governed by the Judicial Committee (Appellate Jurisdiction) Rules 2009⁸.

(4) An appellant who applies to the Judicial Committee for permission to bring an appeal must at the same time file a copy of the application for permission and the proposed grounds of appeal with the registrar of the provincial court.

Review of findings of the Court of Ecclesiastical Causes Reserved

22.4

(1) A finding of the Court of Ecclesiastical Causes Reserved may be reviewed by a Commission of Review.

(2) Permission is not needed to file a petition seeking a review under paragraph (1).

(3) Part 26 makes provision for the procedure to be followed in seeking a review of a finding of the Court of Ecclesiastical Causes Reserved by a Commission of Review.

PART 23 — Appeals from consistory courts – initial procedure

Appeal from consistory court – initial application to chancellor

23.1

(1) A party who wishes to appeal from a judgment, order or decree of a consistory court must make an application to the chancellor for—

(a) a certificate stating whether or not the proposed appeal relates to any extent to matter involving doctrine, ritual or ceremonial; and

(b) permission to appeal (if needed).

(2) An application under paragraph (1) must be—

(a) made not later than 21 days after the date of the judgment, order or decree to which the appeal relates;

(b) in Form 22; and

(c) accompanied by the proposed grounds of appeal (which must clearly identify those parts of the judgment, order or decree of the court to which the grounds relate).

(3) An application under paragraph (1) is made by filing 2 copies of the application and the proposed grounds of appeal in the diocesan registry.

(4) Within 7 days of filing the application and the proposed grounds of appeal the appellant must serve a copy of the application and the proposed grounds of appeal on every other party.

Determination of initial application by chancellor

23.2

(1) An application made under rule 23.1(1) is to be determined by the chancellor without a hearing unless the chancellor directs otherwise.

(2) The chancellor may—

(a) give directions for the purpose of determining the application on consideration of written representations, or

(b) if the chancellor has directed that the application be dealt with at a hearing, give directions for the purposes of the hearing.

(3) The chancellor’s determination of an application under rule 23.1(1) must be in Form 23 and must—

(a) contain a certificate stating whether or not the proposed appeal relates to any extent to matter involving doctrine, ritual or ceremonial, and

(b) state the chancellor’s reasons for the certificate.

(4) The chancellor’s determination must also state—

(i) that permission to appeal to the provincial court is granted or is refused, and

(ii) the chancellor’s reasons for granting or refusing permission; or

(b) that permission to appeal is not needed because the appeal lies to the Court of Ecclesiastical Causes Reserved.

(5) The diocesan registrar must send a copy of the chancellor’s determination to—

(a) the party who made the application under rule 23.1; and

(b) every other party.

Permission to appeal – renewed application to the Dean

23.3

(1) Where the chancellor has issued a determination under rule 23.2 which states that permission to appeal to the provincial court is refused, the party who made the application under rule 23.1 may apply to the Dean for permission to appeal.

(2) An application under paragraph (1) must be—

(a) made not later than 14 days after the date on which the party received the chancellor’s determination under rule 23.2;

(b) in Form 24; and

(i) the judgment, order or decree of the consistory court against which it is proposed to appeal;

(ii) the application and proposed grounds of appeal that were filed under rule 23.1(3);

(iii) the chancellor’s determination in Form 23 under rule 23.2; and

(iv) a concise statement of the reasons relied on in support of the application to the Dean.

(3) The application is made by filing 2 copies of the application and the other documents required by paragraph (2) with the registrar of the provincial court.

(4) Within 7 days of filing the application the appellant must serve a copy of the application and the other documents required by paragraph (2) on—

(a) every other party; and

(b) the diocesan registrar.

Determination of renewed application

23.4

(1) An application made under rule 23.3 is to be determined by the Dean without a hearing unless the Dean directs otherwise.

(2) The Dean may—

(a) give directions for the purpose of determining the application on consideration of written representations, or

(b) if the Dean has directed that the application be dealt with at a hearing, give directions for the purposes of the hearing.

(3) The Dean’s determination of an application made under rule 23.3 must state the Dean’s reasons.

Terms of permission to appeal

23.5

(1) Where the chancellor or the Dean grant permission to appeal, the order granting permission may—

(a) limit the issues to be considered on appeal; and

(b) make the grant of permission subject to conditions (which may include conditions relating to costs).

(2) An appellant may apply to the Dean to vary or revoke any provisions of an order made by the chancellor under paragraph (1) when the appellant gives notice of appeal under rule 24.1.

PART 24 — Appeals in the provincial courts

Permission granted by chancellor: filing and service of appeal documents

24.1

(1) Where permission to appeal has been granted by the chancellor, the appellant must within 14 days of receiving the chancellor’s determination under rule 23.2—

(a) file ... the following with the registrar of the provincial court—

(i) notice of appeal in Form 25

(ii) the judgment, order or decree of the consistory court against which the appeal is brought;

(iii) the application in Form 22 and the proposed grounds of appeal that were filed under rule 23.1(3); and

(iv) the chancellor’s determination in Form 23 under rule 23.2; and

(b) serve a copy of the notice of appeal in Form 25 on every other party.

(2) Upon receiving notice of appeal under paragraph (1)(a) the registrar of the provincial court must send a copy of the notice of appeal to—

(a) the diocesan registrar;

(b) any person or body who was given special notice of the petition and sent representations or particulars of objection under rule 9.5 (Representations or objection by body given special notice) or who gave evidence under rule 13.3 (Evidence of Historic England and national amenity societies); and

Permission granted by the Dean: service of appeal documents

24.2

(1) Where permission to appeal has been granted by the Dean—

(a) no notice of appeal is needed; but

(b) the appellant must within 14 days of receiving the Dean’s determination under rule 23.4 serve a copy of the determination on—

(i) every other party; and

(ii) the diocesan registrar.

(2) Where permission to appeal has been granted by the Dean, the registrar of the provincial court must send a copy of the application for permission to appeal under rule 23.3 and the Dean’s determination under rule 23.4 to—

(a) any person or body who was given special notice of the petition and sent representations under rule 9.5(1)(a) or who gave evidence under rule 13.3 (Evidence of Historic England and national amenity societies); and

(b) the Church Buildings Council.

Grounds of appeal

24.3

(1) Unless the Dean or the provincial court orders otherwise, the proposed grounds of appeal that were filed under rule 23.1(3) constitute the grounds of appeal to the provincial court.

(2) Paragraph (1) is subject to any provision of an order under rule 23.5—

(a) limiting the issues to be considered on the appeal; and

(b) imposing conditions on the grant of permission to appeal.

(3) Paragraph (1) is also subject to any order of the Dean or the provincial court giving permission for grounds of appeal to be amended.

Respondent’s notice

24.4

(1) A respondent may file a respondent’s notice with the registrar of the provincial court.

(2) A respondent must file a respondent’s notice if the respondent—

(a) is seeking permission to appeal; or

(b) wishes to ask the provincial court to uphold the decision of the consistory court for reasons different from or additional to those given by the consistory court.

(3) Any respondent’s notice must be filed within 14 days of the date on which the respondent receives a copy of the notice of appeal in accordance with rule 24.1(1)(b) or the Dean’s determination in accordance with rule 24.2(1)(b).

(4) A respondent who files a respondent’s notice must serve a copy on the appellant and every other party not later than 7 days after it is filed.

Transfer of appeals

24.5

(1) If the provincial court considers that an appeal to any extent relates to matter involving doctrine, ritual or ceremonial, it must transfer the appeal to the Court of Ecclesiastical Causes Reserved.

(2) Where the provincial court makes an order under paragraph (1), the registrar of the Court of Ecclesiastical Causes Reserved may give directions for the purpose of transferring the appeal (which may include directions dispensing with or modifying any of the provisions of Part 25).

Determination of appeals

24.6

(1) The provincial court will hold a hearing for the purpose of determining an appeal under this Part unless the Dean makes an order under paragraph (2).

(2) The Dean may order that any appeal to which this Part applies is to be determined by the provincial court on consideration of written representations instead of at a hearing if the Dean considers, having regard to the overriding objective in Part 1, that it is expedient to do so.

(3) The Dean must afford the parties an opportunity to make representations before deciding whether to make an order under paragraph (2).

(4) Where an order is made under paragraph (2) the Dean may give directions for the purpose of determining the appeal on consideration of written representations.

(5) The Dean or the provincial court may at any time prior to the final determination of an appeal revoke an order made under paragraph (2).

(6) The provincial court’s determination of an appeal pursuant to an order under paragraph (2) has the same effect for all purposes as if it had been made following a hearing.

PART 25 — Appeals in the Court of Ecclesiastical Causes Reserved

Notice of appeal

25.1

(1) A party may give notice of appeal in the Court of Ecclesiastical Causes Reserved (“the Court”) if the chancellor’s determination under rule 23.2 contains a certificate stating that the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.

(2) The notice of appeal must—

(a) be filed by the appellant with the registrar of the Court with 14 days of the appellant receiving the chancellor’s determination under rule 23.2;

(b) be in Form 26.

(3) The notice of appeal must be accompanied by 6 copies of—

(a) the judgment, order or decree of the consistory court against which the appeal is brought;

(b) the application in Form 22 and the proposed grounds of appeal that were filed under rule 23.1(3); and

Service of appeal documents

25.2

(1) Within 7 days of the date on which the notice of appeal is filed with the registrar of the Court the appellant must serve a copy of the notice of appeal on—

(a) every other party; and

(b) the diocesan registrar.

(2) The registrar of the Court must send a copy of the notice of appeal to—

(a) any person or body who was given special notice of the petition and who sent representations under rule 9.5(1)(a) or who gave evidence under rule 13.3 (Evidence of Historic England and national amenity societies); and

(b) the Church Buildings Council.

Grounds of appeal

25.3

(1) Unless the Court orders otherwise, the proposed grounds of appeal that were filed under rule 23.1(3) constitute the grounds of appeal to the Court.

(2) Paragraph (1) is subject to any order of the Court giving permission for grounds of appeal to be amended.

Respondent’s notice

25.4

(1) A respondent may file a respondent’s notice with the registrar of the Court.

(2) A respondent must file a respondent’s notice if the respondent—

(a) wishes to appeal; or

(b) wishes to ask the Court to uphold the decision of the consistory court for reasons different from or additional to those given by the consistory court.

(3) Any respondent’s notice must be filed within 14 days of the date on which the respondent receives a copy of the notice of appeal under rule 25.2(1).

(4) A respondent who files a respondent’s notice must serve a copy on the appellant and every other party not later than 7 days after it is filed.

Transfer of appeals

25.5

(1) If the Court considers that it has heard and determined an appeal so far as it relates to matter involving doctrine, ritual or ceremonial but the appeal also relates to other matter, it may—

(a) deal with the other matter if it considers it expedient to do so; or

(b) transfer the other matter to the provincial court to be heard and determined by that court.

(2) If the Court considers that no matter of doctrine, ritual or ceremonial is involved, it must transfer the appeal to the provincial court to be heard and determined by that court.

(3) Where the Court transfers a matter under paragraph (1)(b) or an appeal under paragraph (2), the registrar of the provincial court or the Dean may give directions for the purpose of transferring the matter or the appeal (which may include directions dispensing with or modifying any of the provisions of Part 24).

Determination of appeals

25.6

(1) The Court will hold a hearing for the purpose of determining an appeal under this Part unless it makes an order under paragraph (2).

(2) The Court may order that any appeal to which this Part applies is to be determined on consideration of written representations instead of at a hearing if both of the conditions in paragraph (3) are met.

(3) The conditions are—

(a) the Court considers that determination of the appeal on consideration of written representations is expedient; and

(b) all of the parties have agreed in writing to such a course.

(4) Where an order is made under paragraph (2) the Court may give directions for the purpose of determining the appeal on consideration of written representations.

(5) The Court may at any time prior to the final determination of an appeal revoke an order made under paragraph (2).

(6) The Court’s determination of an appeal pursuant to an order under paragraph (2) has the same effect for all purposes as if it had been made following a hearing.

Registrars

25.7

(1) The registrar of the province of Canterbury and the registrar of the province of York are joint registrars of the Court.

(2) The duties of the registrar of the Court in relation to an appeal are to be carried out by the registrar of the province comprising the diocese from whose consistory court the appeal is brought unless the joint registrars determine otherwise in a particular case.

PART 26 — Commission of Review

Filing of petition

26.1

(1) A party may file a petition addressed to Her Majesty seeking a review of a finding of the Court of Ecclesiastical Causes Reserved.

(2) A petition under paragraph (1) must be—

(a) filed with the Clerk of the Crown in Chancery within 28 days of the date on which the judgment of the Court of Ecclesiastical Causes Reserved is given or handed down;

(b) in Form 27; and

(i) the judgment of the Court of Ecclesiastical Causes Reserved;

(ii) the judgment, order or decree of the consistory court against which the appeal in the Court of Ecclesiastical Causes Reserved was brought;

(iii) the application in Form 22 and the proposed grounds of appeal that were filed under rule 23.1(3); and

(iv) the chancellor’s determination in Form 23 under rule 23.2.

Appointment of Registrar of Commission of Review etc.

26.2

(1) When a Commission of Review is appointed in response to a petition under rule 26.1, the Clerk of the Crown in Chancery must—

(a) appoint a person to be registrar of the Commission of Review, and

(b) provide the appellant and every other party with the name and address of the person appointed.

(2) The Clerk of the Crown in Chancery must provide the registrar of the Commission of Review with copies of the petition and the other documents that have been filed in accordance with rule 26.1(2).

Service of petition

26.3

(1) Within 7 days of filing a petition under rule 26.1, the party who seeks the review must serve a copy of the petition on—

(a) every other party;

(b) the registrar of the Court of Ecclesiastical Causes Reserved; and

(2) The registrar of the Commission of Review must send a copy of the petition to—

(a) any person or body who was given special notice of the petition for a faculty and who sent representations under rule 9.5(1)(a) or who gave evidence under rule 13.3 (Evidence of Historic England and national amenity societies); and

(b) the Church Buildings Council.

Respondent’s notice

26.4

(1) A respondent may file a respondent’s notice with the registrar of the Commission of Review.

(2) A respondent must file a respondent’s notice if the respondent wishes to ask the Commission of Review to uphold a finding of the Court of Ecclesiastical Causes Reserved for reasons different from or additional to those given by that court.

(3) Any respondent’s notice must be filed within 14 days of the date on which the respondent receives a copy of the petition under rule 26.3(1).

(4) A respondent who files a respondent’s notice must serve a copy on the appellant and every other party not later than 7 days after it is filed.

PART 27 — General provisions relating to appeals

Stay

27.1

(1) Unless the appeal court or the lower court orders otherwise, the taking of any of the steps mentioned in paragraph (2) has the effect of staying the judgment, order or decree of the consistory court and any other lower court, except in the case of an order for an injunction.

(2) The steps referred to in paragraph (1) are—

(a) the making of an application to the chancellor in accordance with rule 23.1;

(b) the making of an application to the Dean in accordance with rule 23.3;

(a) A stay provided for by paragraph (1) ceases to have effect in accordance with the following provisions of this paragraph.

(b) Where an application was made to the chancellor under rule 23.1, the stay ceases to have effect—

(i) 15 days after the date on which the appellant receives a determination from the chancellor under rule 23.2 refusing permission to appeal (but this does not prevent a further stay arising if the appellant makes an application to the Dean under rule 23.3) or,

(ii) if permission to appeal is granted, or if the chancellor’s determination under rule 23.2 states that permission to appeal is not needed, 30 days after the date on which judgment in the appeal is given by the provincial court or the Court of Ecclesiastical Causes Reserved (as the case may be);

(i) when the appellant receives a determination from the Dean under rule 23.4 refusing permission to appeal or,

(ii) if permission to appeal is granted, 30 days after the date on which judgment in the appeal is given by the provincial court;

(d) Where a petition is filed under rule 26.1, the stay ceases to have effect when the petition has been determined by the Commission of Review.

(4) A stay provided for by paragraph (1) also ceases to have effect if the application or appeal in consequence of which it has arisen is wholly set aside, withdrawn or struck out.

(5) The appeal court or the lower court may make an order staying the judgment, order or decree of the consistory court and any other lower court where a stay does not automatically arise under paragraph (1) or has ceased to have effect by virtue of paragraph (3) or (4).

Court files

27.2

(1) Paragraph (2) applies where the diocesan registrar receives—

(a) copy of a notice of appeal against a decision of the consistory court in accordance with rule 24.1 or 25.2; or

(b) a determination of the Dean granting permission to appeal from the consistory court in accordance with rule 24.2.

(2) Within 14 days of receiving the copy of the notice of appeal or the determination of the Dean, the diocesan registrar must send the file relating to the proceedings in the consistory court to the registrar of the appeal court.

(3) Paragraph (4) applies where the registrar of the Court of Ecclesiastical Causes Reserved, in accordance with rule 26.3, receives a copy of a petition seeking a review of a finding of the Court of Ecclesiastical Causes Reserved by a Commission of Review.

(4) Within 14 days of receiving the copy of the petition, the registrar of the Court of Ecclesiastical Causes Reserved must send the file relating to the proceedings in the consistory court and the file relating to the proceedings in the Court of Ecclesiastical Causes Reserved to the registrar of the Commission of Review.

(5) Any party may, on reasonable notice to the registrar of the appeal court, inspect the file relating to proceedings in a lower court and have copies of documents contained in the file made at the expense of that party.

(6) For the purposes of this rule—

(a) the file relating to the proceedings in the consistory court includes all material in the diocesan registry generated by the petition, whether or not kept in separate files;

(b) the file relating to the proceedings in the Court of Ecclesiastical Causes Reserved includes all material in the possession of the registrar of that Court generated by the appeal to that Court, whether or not kept in separate files.

Amendment of appeal notice

27.3

(1) An appeal notice may not be amended without the permission of the appeal court.

(2) If the appeal court gives permission for an appeal notice to be amended, permission may be given on such terms as the court thinks just (which may include terms relating to costs).

Withdrawal of appeal

27.4

(1) An appeal may not be withdrawn without the permission of the appeal court.

(2) Permission to withdraw an appeal may be given on such terms as the appeal court thinks just (which may include terms relating to costs).

Striking out grounds of appeal etc.

27.5

(1) The appeal court may—

(a) strike out the whole or part of an appeal notice;

(b) set aside permission to appeal in whole or in part;

(2) The appeal court may only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at a hearing at which permission was given, that party may not subsequently apply for an order that the appeal court exercise its powers under paragraph (1)(b) or (c).

Addition of parties

27.6

(1) A person who was not a party to the proceedings in the lower court may become a party to an appeal if the appeal court gives permission.

(2) The appeal court may only exercise its power if the person seeking to become a party could have been a party to the proceedings in the consistory court.

(3) An application for permission under paragraph (1) must be accompanied by a notice setting out—

(a) the basis on which it is said the person making the application could have been a party to the proceedings in the consistory court; and

(b) the matters which that person proposes to argue in the appeal.

Interveners

27.7

(1) The appeal court may give permission to any of the following to intervene in an appeal—

(a) the Church Buildings Council,

(b) Historic England,

(d) any other body seeking to make submissions in the public interest, or

(e) any other person the appeal court considers has a sufficient interest in the subject matter of the appeal.

(2) If the appeal court gives permission to intervene it may—

(a) limit the matters on which the person or body given permission to intervene may make submissions,

(b) give permission on terms relating to costs, and

(c) give permission on such other terms as it thinks just (including by limiting permission to the making of written submissions only or by limiting the duration of oral submissions).

(3) An application for permission to intervene must be accompanied by a notice setting out the matters on which the person or body making the application wishes to make submissions.

Appeal court’s powers

27.8

(1) In relation to an appeal, the appeal court has all the powers of the lower court.

(2) The appeal court also has power to—

(a) affirm, set aside or vary any judgment, order or decree of the lower court,

(b) refer any issue for determination by the lower court,

(d) make an order for costs.

(3) The appeal court may exercise its powers in relation to the whole or part of a judgment, order or decree of the lower court.

Interim orders in the provincial courts

27.9

(1) Any interim order may be made in proceedings in a provincial court either by the Dean sitting alone or by the court.

(2) In paragraph (1), “interim order”, in addition to any order or direction made under Parts 11, 12, 13, 18, 19 or 20, includes an order or direction made under—

(b) rule 24.5 (transfer of appeals);

(d) rule 27.3 (amendment of appeal notice);

(e) rule 27.4 (withdrawal of appeal);

(f) rule 27.5 (striking out grounds of appeal etc.);

(g) rule 27.6 (addition of parties);

(h) rule 27.7 (interveners);

(i) rule 27.11(1) (reception of evidence by appeal court).

Registrar’s power to refer to court

27.10

Where a step is to be taken by the registrar of the appeal court—

(a) the registrar may consult the court (or in the case of a provincial court, the Dean) before taking that step;

(b) the step may be taken by the court (or in the case of a provincial court, the Dean) instead of the registrar.

Hearing and determination of appeals

27.11

(1) Unless it orders otherwise, the appeal court will not receive—

(a) oral evidence;

(b) evidence which was not before the lower court.

(2) The appeal court will allow an appeal where the decision of the lower court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(3) The appeal court may draw any inference of fact which it considers justified on the evidence.

(4) At the hearing of an appeal a party may not rely on a matter not contained in the party’s appeal notice unless the appeal court gives permission.

PART 28 — Citation, commencement, revocation and transitional provisions

Citation and commencement

28.1

(1) These Rules may be cited as the Faculty Jurisdiction Rules 2015.

(2) They come into force on 1st January 2016.

Revocation

28.2

The Faculty Jurisdiction (Appeals) Rules 1998⁹ and the Faculty Jurisdiction Rules 2013¹⁰ are revoked (but subject to rule 28.3).

Transitional provisions

28.3

(1) The Faculty Jurisdiction Rules 2013 continue to apply to proceedings in a consistory court that were started before the 1st January 2016 as if these Rules had not been made, save to the extent that the court orders otherwise.

(2) Paragraph (3) applies where an application for leave to appeal under section 7, or an application for a certificate under section 10(3), of the Ecclesiastical Jurisdiction Measure 1963 was made before 1st January 2016.

(3) The Faculty Jurisdiction (Appeals) Rules 1998 continue to apply to the proceedings as if these Rules had not been made, save to the extent that the appeal court orders otherwise.

SCHEDULE 1 — Matters which may be undertaken without a faculty

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