{
  "url": "https://openlegislation.uk/incumbents-vacation-of-benefices-rules-1994/article-5",
  "json_url": "https://openlegislation.uk/incumbents-vacation-of-benefices-rules-1994/article-5.json",
  "legislation": "uksi/1994/703",
  "legislation_title": "Incumbents (Vacation of Benefices) Rules 1994",
  "legislation_url": "https://openlegislation.uk/incumbents-vacation-of-benefices-rules-1994",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Directions as to conduct of enquiry",
  "text": "(1) As soon as possible after the constitution of the tribunal the chairman shall consider whether directions for the purpose of securing the just and convenient conduct of the enquiry should be given and, in particular, whether directions should be given as to —\n(a) the submission of statements by the parties for the purpose of defining issues or setting out the allegations made and the replies thereto;\n(b) any specific questions to be put by any party to any other party;\n(c) the production of documents and their presentation in a form convenient for use at the hearing;\n(d) the ascertainment and interviewing of parishioners of any parish in the benefice to which the parish in question belongs and other persons who, in the opinion of the chairman, may be able to assist the parties or the tribunal and the submission of statements by them to the tribunal;\n(e) the giving of notices to witnesses to attend the hearing and the submission of witness statements;\n(f) the procedure to be followed at the hearing, including which party is to call evidence first and the order of making submissions;\n(g) the holding of a preliminary hearing in order to consider and determine points of law or jurisdiction or to receive evidence on affidavit or to consider whether a direction under section 7A of the Measure that the incumbent concerned should undergo a medical examination is to be given;\n(h) the arrangements for the hearing, including location, date, estimate of time required and whether (and if so how) the proceedings are to be recorded;\n(i) the giving of advice to the parochial church council concerning its power under rule 25 to designate representatives.\n(2) The chairman of the tribunal shall then give such directions as appear to him to be appropriate for the purpose, subject to the provisions of the Measure and of these Rules.\n(3) Where directions have been given under paragraph (2) above, the chairman may at any time give such further directions under that paragraph as he considers appropriate.\n(4) The chairman may hold a hearing for the purposes of this rule.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/703/article/5",
    "retrieved_at": "2026-10-29T13:37:18.986661+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}