OpenLegislation

Article 17 Lodging of petition

Original text. Later amendments are not shown.

(1)

Where in any cause of faculty involving matters of doctrine, ritual or ceremonial any party desires that a finding of the Court of Ecclesiastical Causes Reserved should be reviewed by a Commission of Review the petition shall be lodged within 28 days after the finding to which the petition relates.

(2)

The lodging of a petition shall be effected by lodging with the Clerk of the Crown in Chancery six copies of—

(i)

the petition in Form No. 8 in the Appendix to these Rules which shall state the grounds of the petition and, if the petition relates to part only of the finding of the Court of Ecclesiastical Causes Reserved, shall specify that part;

(ii)

the judgment containing the finding of the appellate court which is to be reviewed; and

(iii)

the certificate given by the chancellor under rule 5(7)(a).

(3)

The petitioner shall lodge one copy of the petition with the registrar of the appellate court and two copies thereof with the registrar of the diocese and shall serve one copy thereof on every party to the proceedings.

(4)

Except with the leave of the Commission of Review, the petitioner shall not be entitled on the hearing of the petition to rely on any grounds not stated in the petition whether as originally lodged or, if it is amended under rule 9 as applied by rule 18, as so amended.

(5)

As soon as a petition under this rule has been lodged the Clerk of the Crown in Chancery shall appoint a person to be the registrar of the Commission of Review, and shall hand over the six copies of the petition to the registrar so appointed, who shall file one of them.

(6)

The registrar of the appellate court shall send or deliver to the registrar of the Commission of Review the file relating to the proceedings in the appellate court and the court file maintained by the registrar of the diocese relating to the proceedings in the consistory court.

(7)

Any party to the proceedings and the Council and any other body shall be entitled on giving reasonable notice to the registrar of the Commission of Review to inspect the files referred to in paragraph (6) and to have copies of documents contained therein made at the expense of the party, the Council or body requesting them.

(8)

The registrar of the Commission of Review shall notify the parties of the names of the Commission and, if the cause involves a question of doctrine, the persons selected under section 48(3) of the Measure to sit with the Commissioners as advisers.

(9)

The Commission may, on an application by the petitioner, grant a stay of proceedings on the judgment or finding of either of the courts below.