Article 5 Application to Chancellor
Any application for a certificate pursuant to section 10(3) of the Measure shall be made to the chancellor within 21 days from the date of delivery of the judgment if given or made orally, or from the date when the judgment was delivered in writing and sent to, or served upon, the parties to the faculty proceedings.
An application for a certificate shall be made by notice in writing in Form 1 in the Appendix to these Rules and shall be accompanied by—
a short and concise statement in writing in numbered paragraphs identifying those parts of the judgment to which the proposed appeal relates; and
the proposed grounds of appeal in writing.
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The matters set out in (a) and (b) may be relied upon in support of an application for leave to appeal in the event of the chancellor determining that no question of doctrine, ritual or ceremonial is involved, and no separate application for leave to appeal shall be required.
Two copies of the application in Form 1 together with two copies of the documents referred to in paragraph (2)(a) and (b) of this rule shall be lodged with the registrar of the diocese and a copy of the application and the said documents shall be served upon each of the other parties to the proceedings within 7 days of the lodging of the application with the registrar.
The chancellor may determine the application with or without a hearing and may make such order in relation to costs on the application, including the court costs, as he deems fit.
If the chancellor directs that there shall be a hearing of the application it shall take place at a time and place fixed by the registrar of the diocese who shall give not less than 7 days' notice to the parties as to the time and place of the hearing.
The parties may attend a hearing themselves or by their representatives (whether or not legally qualified) to make their submissions to the chancellor in support of the application for a certificate and for leave to appeal to the Arches Court of Canterbury or the Chancery Court of York.
As soon as he has determined an application under this rule the chancellor shall—
give a certificate in writing in Form No. 2 in the Appendix to these rules and shall state in writing in summary form his reasons for so certifying; and
state whether or not he is granting leave to appeal to the Arches Court of Canterbury or the Chancery Court of York.
The registrar of the diocese shall forthwith serve copies of such certificate and notice of decision to grant or refuse leave to appeal on all the parties.