Search Legislation

Mission and Pastoral Measure 2011

Status:

This is the original version (as it was originally enacted).

Section 12

SCHEDULE 2Appeals to the Judicial Committee of the Privy Council

1Any person who intends to apply for leave to appeal to Her Majesty in Council under section 12 shall on or before the date specified in the notice served on him or her under section 11(2) send written notice of his or her intention to the Registrar of the Privy Council. The notice shall be sent by registered post or recorded delivery service and a copy shall be sent to the Commissioners by the applicant.

2Where five or more persons acting jointly duly made written representations with respect to the draft scheme, notice of their intention to apply for leave to appeal under section 12, the application for such leave, and, if such leave is granted, the appeal, shall be given or made, as the case may be, by not more than four of those persons acting on behalf of themselves and the others.

3If the Registrar of the Privy Council is satisfied that a notice has been given by a person who has duly made representations with respect to the scheme in question he or she shall so notify the applicant and the Commissioners. If he or she is not so satisfied he or she shall inform the applicant and the Commissioners that the applicant is not entitled to proceed with his application.

4Within the period of 28 days beginning with the date on which an applicant for leave to appeal under section 12 receives a notification under paragraph 3 from the Registrar he or she shall lodge in the registry of the Privy Council five copies of his or her application for leave, and the application shall—

(a)state the grounds of his or her appeal including a succinct statement of any reasons why he or she considers that the scheme in question, or any particular provision thereof, should not have been made;

(b)summarise succinctly and clearly any facts on which, if leave is granted, he or she intends to rely in prosecuting his or her appeal.

There shall be annexed to each copy of the application a copy of the scheme and of the Commissioners’ statement given to the applicant under section 11(2).

5The Judicial Committee of the Privy Council shall consider an application for leave, and if it grants leave, the Registrar shall forthwith register the appeal and notify the applicant and the Commissioners that he or she has done so.

6After receiving notice that leave to appeal has been granted the appellant shall without delay lodge in the Registry of the Privy Council five copies of his or her petition of appeal. The petition shall consist of paragraphs numbered consecutively and shall state succinctly and clearly all such facts as are necessary in order to enable the Judicial Committee to advise Her Majesty in accordance with the provisions of section 12. There shall be annexed to each copy of the petition a copy of the scheme and of the Commissioners’ statement given to the appellant under section 11(2) and any documents in his or her possession to which the appellant may wish to refer. A copy of the petition and the annexed documents shall within fourteen days of the lodging of the petition be served by the appellant on the Commissioners.

7The Commissioners shall without delay after receiving the said copy lodge in the Registry of the Privy Council five copies of their answer, to each of which shall be annexed copies of any documents to which the Commissioners may wish to refer, and shall within fourteen days of the lodging of the answer serve a copy of it and of the annexed documents on the appellant.

8Except with the leave of the Judicial Committee of the Privy Council, no document shall be introduced in the course of the proceedings on the appeal unless it has been annexed to the petition or to the answer.

9An appeal shall be set down as soon as the answer has been lodged.

10A map showing clearly the boundaries of any ecclesiastical area affected by the Scheme shall be lodged by the Commissioners before the hearing of the appeal.

11Where an appellant, having been granted leave to appeal under section 12 fails to lodge his or her petition of appeal within a period of three months beginning with the date on which he or she received a notification under paragraph 5 or such extended period as the Registrar may allow, the Registrar may by letter notify the Lord President of the Council that the appeal has not been prosecuted, and the appeal shall thereupon stand dismissed for non-prosecution as from the date of the said letter without further order, and a copy of the said letter shall be sent by the Registrar to the appellant or his or her solicitor and to the Commissioners.

12All bills of costs under any order of the Judicial Committee on such appeal shall be referred to the Registrar for taxation, and taxation shall be regulated (so far as the same are applicable) by the rules of the Judicial Committee for the time being in force.

13The Judicial Committee of the Privy Council may give such further directions in matters of practice and procedure affecting applications for leave to appeal, and appeals, under section 12 as they consider just and expedient.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources