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Mission and Pastoral Measure 2011

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Section 12

SCHEDULE 2EAppeals to the Judicial Committee of the Privy Council

1EAny 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.

Commencement Information

I1Sch. 2 para. 1 in force at 1.7.2012 by S.I. 2012/1, art. 2

2EWhere 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.

Commencement Information

I2Sch. 2 para. 2 in force at 1.7.2012 by S.I. 2012/1, art. 2

3EIf 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.

Commencement Information

I3Sch. 2 para. 3 in force at 1.7.2012 by S.I. 2012/1, art. 2

4EWithin 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).

Commencement Information

I4Sch. 2 para. 4 in force at 1.7.2012 by S.I. 2012/1, art. 2

5EThe 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.

Commencement Information

I5Sch. 2 para. 5 in force at 1.7.2012 by S.I. 2012/1, art. 2

6EAfter 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.

Commencement Information

I6Sch. 2 para. 6 in force at 1.7.2012 by S.I. 2012/1, art. 2

7EThe 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.

Commencement Information

I7Sch. 2 para. 7 in force at 1.7.2012 by S.I. 2012/1, art. 2

8EExcept 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.

Commencement Information

I8Sch. 2 para. 8 in force at 1.7.2012 by S.I. 2012/1, art. 2

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

Commencement Information

I9Sch. 2 para. 9 in force at 1.7.2012 by S.I. 2012/1, art. 2

10EA 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.

Commencement Information

I10Sch. 2 para. 10 in force at 1.7.2012 by S.I. 2012/1, art. 2

11EWhere 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.

Commencement Information

I11Sch. 2 para. 11 in force at 1.7.2012 by S.I. 2012/1, art. 2

12EAll 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.

Commencement Information

I12Sch. 2 para. 12 in force at 1.7.2012 by S.I. 2012/1, art. 2

13EThe 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.

Commencement Information

I13Sch. 2 para. 13 in force at 1.7.2012 by S.I. 2012/1, art. 2

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