Paragraph 14
After rule 54, there shall be inserted the following—
“PART 9
Appeals against draft Pastoral Schemes
Appeals against draft Pastoral Schemes
55.The provisions of Parts 1 to 6 of these Rules (except rule 7(6)), and the Practice Directions which supplement them, shall be applied with such modifications and variations as may be required to applications for leave to appeal and appeals against draft pastoral schemesf1.
PART 10
References to the Judicial Committee
References under section 4 of the Judicial Committee Act 1833
56.Subject to the provisions of this Part, where a reference is made to the Judicial Committee, the provisions of Parts 1 to 6 of these Rules, and the Practice Directions which supplement them, shall be applied with such variations or modifications as may be required by the particular circumstances of the reference.
57.The person at whose request the reference was made (in this Part referred to as “the applicant”) must, within 21 days after the making of the reference—
(a)provide the Registrar with the name and address of any person who is affected by the reference (in this Part referred to as “the respondent”); and
(b)supply the Registrar with the names, addresses and contact details of the applicant’s legal representatives and (if known) of the respondent’s legal representatives.
58.(1)At least 8 weeks before the hearing, the applicant must file 12 copies of an appendix of the essential documents which are necessary for consideration of the matter referred.
(2)The appendix must be submitted to, and agreed with, every respondent before being filed.
(3)The applicant and every respondent must then sequentially exchange their respective written cases and file 12 copies of them.
59.The Judicial Committee may make such orders as it considers just in respect of the reference or other proceeding on the reference before the Judicial Committee and it may, during the course of the proceedings, order the applicant to make a payment on account of the respondent’s costs in such sum as it considers fit.”.
Annotations
Footnotes
- f1
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The Mission and Pastoral Measure 2011 (2011 No.3) provides for appeals to be made to the Judicial Committee against draft pastoral schemes made by the Church Commissioners.