The Faculty Jurisdiction Rules 2013

Declining jurisdiction

7.8.—(1) An archdeacon may decline in advance to exercise jurisdiction in relation to any petition, or any class of petitions, which the archdeacon has jurisdiction to determine.

(2) After a petition has been allocated under rule 7.2, the archdeacon may return the petition to the registrar with a request that it (or any aspect of it) be re-allocated to the chancellor.

(3) An archdeacon must decline to exercise jurisdiction in relation to a petition if—

(a) the archdeacon is the minister of the parish to which the petition relates;

(b) the archdeacon has been involved with the subject matter of the petition such that it would be wrong for the archdeacon to exercise jurisdiction; or

(c) the archdeacon considers that the petition raises a question of law or fact that should be determined by the chancellor (whether at a hearing or otherwise).

(4) Where an archdeacon must decline to exercise jurisdiction under paragraph (3)—

(a) the archdeacon should, so far as practicable, inform the registrar before the petition is allocated; or

(b) if the petition has already been allocated, the archdeacon must return the petition and any other documents or materials that accompany it to the registrar as soon as practicable.

(5) Where the archdeacon declines jurisdiction the registrar must allocate the petition to the chancellor.