Search Legislation

Mission and Pastoral Measure 2011

Status:

This is the original version (as it was originally enacted).

12Appeals to the Privy Council

(1)Any person who has duly made written representations with respect to the draft scheme may appeal to Her Majesty in Council against the scheme or any provisions thereof, but only with the leave of the Judicial Committee of the Privy Council.

(2)Schedule 2 shall apply to applications for leave to appeal, and to appeals to Her Majesty in Council, under this section.

(3)If—

(a)no notice of intention to apply for leave to appeal is given on or before the date specified in the notice served under section 11(2), or

(b)no application for such leave is made within the period prescribed by paragraph 4 of Schedule 2, or

(c)the Judicial Committee refuses to grant such leave, or

(d)the appeal stands dismissed for non-prosecution by virtue of paragraph 11 of that Schedule, or

(e)written representations with respect to the draft scheme have been duly made but it has not been practicable to serve any notice under section 11(2)(a),

the Commissioners shall seal a copy of the draft scheme and so make the scheme.

(4)If leave to appeal is granted, the Judicial Committee shall hear the appeal, and the Judicial Committee shall make a report thereon and may propose to Her Majesty in Council that the appeal be allowed or dismissed or that the draft scheme should be returned to the Commissioners for reconsideration, and Her Majesty in Council may accordingly—

(a)allow the appeal, in which case the Commissioners shall not make the scheme, but without prejudice to the preparation and publication of a further draft scheme, or

(b)dismiss the appeal, in which case the Commissioners shall seal a copy of the draft scheme and so make the scheme, or

(c)return the draft scheme to the Commissioners for reconsideration.

(5)Where a draft scheme is returned to the Commissioners for reconsideration, they may—

(a)withdraw the draft scheme, or

(b)inform the Registrar of the Privy Council that they wish to make the scheme without any amendment of the draft scheme, or

(c)amend the draft scheme with the agreement of the bishop given after consultation with the mission and pastoral committee.

(6)Where the Commissioners inform the Registrar of the Privy Council that they wish to make the scheme without any amendment of the draft scheme, the Judicial Committee may, without any further hearing, propose to Her Majesty in Council that the appeal should be allowed or dismissed, and the like effect shall follow on that proposal as if it had been made under subsection (4)(a) or (b).

(7)Where the Commissioners amend the draft scheme, it shall be treated as a draft scheme amended under section 10 and the provisions of this Part shall apply accordingly.

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