Search Legislation

The Ecclesiastical Jurisdiction (Discipline) Rules 1964

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Articles and answer thereto

12.—(1) Subject to the following provisions of this rule, the person nominated to promote a complaint under section 25 of the Measure shall, within 28 days after his nomination, lodge with the registrar 6 copies of the articles charging the offence or offences specified by the examiner, together with a certificate of his nomination signed by the bishop, and shall within the said period or as soon as possible thereafter serve a copy of the said articles on the accused.

The registrar shall forthwith give one of the copies lodged with him to the judge of the consistory court, and 4 copies shall be available for the assessors.

(2) If the promoter wishes to apply to the examiner or the consistory court under section 26 of the Measure for leave to include in the articles particulars of any offence not specified by the examiner, being an offence founded on evidence disclosed in the course of the inquiry by the examiner, he shall lodge with the registrar, within 14 days after his nomination, 2 copies of an application in writing stating the offences to be included and the evidence on which he relies, and whether the application is to the examiner or the court, and shall within the said period or as soon as possible thereafter serve a copy of the application on the accused.

(3) The registrar shall give not less than 7 days' notice in writing to the promoter and the accused of the time and place of the hearing of the application.

(4) If such an application is refused by the examiner, a subsequent application may be made to the consistory court, and paragraphs (2) and (3) of this rule shall apply thereto, except that the period for lodging the application shall be 7 days after the date of the refusal of the previous application.

(5) If any application or applications is or are made under this rule, the period within which the articles must be lodged with the registrar shall extend to 21 days after the date of the decision or, as the case may be, the second decision, and paragraph (1) of this rule shall apply accordingly.

(6) The service on the accused of a copy of the articles and of any application under this rule must be personal service, and rule 58(1) shall apply thereto.

13.—(1) The accused may, within 14 days after the service on him of the articles, lodge with the registrar 6 copies of an answer to the articles and serve one copy on the complainant.

The registrar shall give one of the copies lodged with him to the judge of the consistory court, and 4 copies shall be available for the assessors.

(2) If an answer is lodged, it shall admit or deny the offence, or if the articles specify two or more offences, each of the offences; and may also admit or deny, or give the accused's account or explanation of, the matters alleged in the articles to constitute the offence or offences.

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