Rule 23.2 Determination of initial application by chancellorI1

England

(1)

An application made under rule 23.1(1) is to be determined by the chancellor without a hearing unless the chancellor directs otherwise.

(2)

The chancellor may—

(a)

give directions for the purpose of determining the application on consideration of written representations, or

(b)

if the chancellor has directed that the application be dealt with at a hearing, give directions for the purposes of the hearing.

(3)

The chancellor’s determination of an application under rule 23.1(1) must be in Form 23 and must—

(a)

contain a certificate stating whether or not the proposed appeal relates to any extent to matter involving doctrine, ritual or ceremonial, and

(b)

state the chancellor’s reasons for the certificate.

(4)

The chancellor’s determination must also state—

(a)

(i)

that permission to appeal to the provincial court is granted or is refused, and

(ii)

the chancellor’s reasons for granting or refusing permission; or

(b)

that permission to appeal is not needed because the appeal lies to the Court of Ecclesiastical Causes Reserved.

(5)

The diocesan registrar must send a copy of the chancellor’s determination to—

(a)

the party who made the application under rule 23.1; and

(b)

every other party.

Annotations