Article 5

For rule 6 there shall be substituted the following rule:—

“The Hearing

6

(1)

Where the period of twenty eight days from the time given for compliance with any directions given under paragraph (8) of rule 5A above has expired or where the case is one to which section (2)(1)(iv) of the Measure applies, the registrar shall lay all the documents lodged at the registry before the judge, who shall appoint a time and place for the hearing of the case.

(2)

In addition to notifying the parties the registrar shall send to the archdeacon and, if it has considered the case the Diocesan Advisory Committee, written notice of the time and place of the hearing.

(3)

The evidence at the hearing of any proceedings for a faculty shall be given orally save that the judge upon application by a party or of his own motion may by order direct;

(a)

that all or any part of the evidence may be given before an examiner appointed by him or by affidavit, and

(b)

subject to paragraphs (4) and (5) below, that a written statement may be given in evidence without the attendance of the maker of the statement.

(4)

An application to submit a written statement in evidence at the hearing may be made by or on behalf of any person who is not a party to the proceedings and the judge may, if he thinks fit, give leave for a written statement to be admitted in evidence without the attendance of the maker of the statement provided that a copy of the written statement is lodged at the registry and that a copy is delivered by that person to the parties not less than twenty-one days before the date of the hearing.

(5)

Notwithstanding anything in paragraph (3) above, the judge shall be entitled on receiving a copy of a written statement to require the attendance at the hearing of the maker of the statement for cross-examination by the parties, and if any party on receiving a copy of the statement applies to the judge for an order requiring the attendance of the maker of the statement at the hearing for cross-examination, the judge may make an order accordingly; and in the event of the failure of the maker of the statement to attend the hearing when required to do so under this paragraph, his written statement shall not be admitted in evidence save in exceptional circumstances with the leave of the judge.

(6)

An application to give evidence made by a member of the Council for the Care of Churches or other person by virtue of section 2(1)(iv) of the Measure shall be made to the registrar and shall

(a)

if made by a member of the Council or a person authorised by the Council, be in Form No. 8 in the Appendix and be lodged at the diocesan registry not more than six weeks after the Council has received notice in writing of the petition under section 2(1)(ii) of the Measure;

(b)

if made by any other person, be in Form No. 9 in the Appendix and be lodged at the registry not more than four weeks after the date of the last publication in accordance with rule 5(7) of the notice stating the substance of the petition.

(7)

Where notice in writing of a petition has been served on the Council for the Care of Churches under rule 5(8)—

(a)

a report by the Council on the matter to which the petition relates may be made and sent to the judge within six weeks after the date on which the Council received notice of the petition; or

(b)

an application to give evidence in the proceedings may be made by a member of the Council or a person authorised by the Council, and any such application shall be in Form No. 9A set out in the Appendix and shall be lodged at the diocesan registry not more than six weeks after the said date.

(8)

The judge may of his own motion direct the summoning of a member of the Diocesan Advisory Committee or any other person to give evidence at the hearing of any petition for a faculty, if he considers that the person summoned may be able to give relevant evidence and is willing to give it.

(9)

Where any person has applied in accordance with paragraph (6) or (7) of this rule, or has been summoned under paragraph (8) thereof, to give evidence in proceedings for a faculty, the registrar shall give to the parties to the proceedings not less than seven clear days' notice in writing that the evidence is to be given and of the name and address of the proposed witness and, in the case of a witness summoned under paragraph (8) of this rule, of the nature of the evidence required of him.

(10)

Evidence given by any such person as is referred to in paragraph (9) of this rule shall be subject to cross-examination by the party or parties concerned.

(11)

The substance of any report made to the judge by the Council for the Care of Churches under paragraph (7) of this rule shall be disclosed to the parties to the proceedings.”.