# Benefices (Institution Appeals) Rules 1988, Article 14: Hearing of appeal


(1) Subject to any direction under paragraph (1) of rule 12, evidence by any person at the hearing of the appeal shall be given orally and upon oath.
(2) Any evidence which pursuant to a direction under paragraph (1) of rule 12 may be given by affidavit or before an examiner may with the leave of the tribunal be proved at the hearing of the appeal by production of a copy of the affidavit or deposition as the case may be.
(3) If either party proposes to apply to the tribunal under any of the preceding rules or under rule 15 to exercise any of its powers under those rules at the hearing of the appeal, that party shall give prior notice to the other party and to the registrar of his proposed application, save that if the giving of such prior notice is impracticable the tribunal may nevertheless exercise any of those powers at the hearing of the appeal without such prior notice having been given.
(4) Any appeals to which rule 11 applies and which have not been consolidated under paragraph (2) of that rule shall be heard together if the registrar or the tribunal so directs.
(5) On the hearing of the appeal the tribunal shall consider all the relevant circumstances, shall determine all questions raised by the appeal on the basis of the evidence placed before it, and shall decide whether—
(a) to uphold the bishop’s refusal to institute the presentee; or
(b) to direct the bishop to institute the presentee.

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Source: https://www.legislation.gov.uk/uksi/1988/1996/article/14 (the official version)
Page: https://openlegislation.uk/benefices-institution-appeals-rules-1988/article-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

