Rule 9.5 Representations or objection by body given special noticeI1

England

(1)

Where the chancellor directs that a body be given special notice under rule 9.3 or 9.4 F1the registrar must inform the body of the date, being a date not less than 21 days after it will be deemed by rule 17.5 to have been served with a copy of the public notice, by which it may—

(a)

send representations on the proposed works to the registrar and the petitioner; or

(b)

send particulars of objection in Form 5 to the registrar and the petitioner.

(2)

A body which sends particulars of objection under paragraph (1)(b) becomes a party opponent to the proceedings and paragraphs (2) to (5) of rule 10.4 apply.

F2(3)

If a person or body given special notice under this Part does not send representations or particulars of objection within the time allowed under paragraph (1), or otherwise allowed by any direction, the chancellor may determine the petition without further recourse to that person or body.

(4)

Rules 10.2, 10.3 and 10.4(1) do not apply in respect of a person or body given special notice under this Part.

Annotations

Textual amendments

F1: Words in rule 9.5(1) substituted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 11(b)(i) (with rule 23(3)(4))
F2: Rule 9.5(3)(4) inserted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 11(b)(ii) (with rule 23(3)(4))

Commencement

I1: Rule 9.5 in force at 1.1.2016, see rule 28.1(2)