# The Clergy Discipline Appeal (Amendment) Rules 2013, Rule 7: Application for permission to appeal out of time

Extent: E

(1) Rule 9 is amended as follows.
(2) In the heading to rule 9 the words “to the Dean” are omitted.
(3) For sub-rule (5) there is substituted the following sub-rule—
“(5) The application shall be determined jointly by the Dean and one judge appointed in accordance with section 20(1B) of the Measure, and may, if the Dean so directs, be determined without a hearing.”.
(4) In sub-rule (6) for the word “Dean” there are substituted the words “appellate court”.
(5) For sub-rule (7) there is substituted the following sub-rule—
“(7) The appellate court may give permission to appeal out of time if at least one of the judges is satisfied that—
(a) there was good reason why the party making the application did not appeal within the time allowed,
(b) there would be a real prospect of success on appeal or that there is some other compelling reason why the appeal should be heard, and
(c) the other party would not suffer significant prejudice as a result of the delay.”.
(6) For sub-rule (8) there is substituted the following sub-rule—
“(8) The appellate court’s determination of the application shall be put into writing.”.
(7) For sub-rule (9) there is substituted the following sub-rule—
“(9) If permission to appeal out of time is granted a direction may be given under section 20(1C) limiting the issues to be heard on appeal.”.

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Source: https://www.legislation.gov.uk/uksi/2013/1921/rule/7 (the official version)
Page: https://openlegislation.uk/clergy-discipline-appeal-amendment-rules-2013/rule-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.