The Faculty Jurisdiction (Appeals) Rules 1998

Lodging of appeal

7.—(1) A party to any faculty proceedings before a consistory court who desires and is entitled under the Measure to appeal to an appellate court shall lodge his appeal in accordance with the following provisions of this rule not later than 21 days after whichever is applicable of the following dates—

(a) in the case of an appeal to the Arches Court of Canterbury or the Chancery Court of York, the date on which notice is served on him that the chancellor or the Dean has granted leave to appeal; or

(b) in the case of an appeal to the Court of Ecclesiastical Causes Reserved, the date on which a copy of the certificate by the chancellor is served on him

provided that the registrar of the appellate court may extend the period within which the notice of appeal must be lodged on an application made to him either within that period or after it has expired.

(2) The lodging of an appeal under paragraph (1) of this rule shall be effected—

(a) in the case of an appeal to the Court of Ecclesiastical Causes Reserved by lodging with the registrar of the appellate court 6 copies of the notice of appeal and of the chancellor’s judgment or a note thereof approved by the chancellor and of the certificate of the chancellor given under rule 5(7)(a);

(b) in the case of an appeal to the Arches Court of Canterbury or the Chancery Court of York by lodging with the registrar of the appellate court 4 copies of—

(i) the notice of appeal;

(ii) the chancellor’s judgment or a note thereof approved by the chancellor;

(iii) the certificate given by the chancellor under rule 5(7)(a);

(iv) the notice served on the appellant pursuant to rule 5(8) or 6(10) stating that the chancellor or the Dean has granted leave to appeal.

(3) If an appeal is lodged under paragraph (2)(a) or (b) of this rule then the appellant shall in either case lodge two copies of the notice of the appeal with the registrar of the diocese and shall serve a copy of the notice of appeal on each of the parties to the faculty proceedings in the consistory court within 14 days of the lodging of the appeal.

(4) The registrar of the appellate court shall inform the Council and any other body which gave evidence in the consistory court that an appeal has been lodged in the Court of Ecclesiastical Causes Reserved or in the Arches Court of Canterbury or in the Chancery Court of York as the case may be. On the direction of the Court of Ecclesiastical Causes Reserved or of the Dean the registrar of the appellate court shall notify any other body which did not participate in the faculty proceedings that an appeal has been lodged as aforesaid and such notification shall be given to such body in the manner and within the period of time so directed by the appellate court in question.

(5) Notice of an appeal under paragraph (1) of this rule—

(a) shall be in form No. 4 or 5 in the Appendix to these Rules as appropriate;

(b) shall set out the grounds of appeal and the relief which the party appealing seeks from the appellate court; and

(c) if the appeal relates to part only of the judgment of the consistory court, shall specify that part.

(6) Except with the leave of the appellate court, the appellant shall not be entitled at the hearing of the appeal to rely on any grounds of appeal not stated in the notice of appeal, whether as originally lodged or, if it has been amended under rule 9, as so amended.

(7) The registrar of the diocese—

(a) shall cause one of the two copies of the notice of appeal lodged with him to be displayed for a period of two weeks on a notice board outside the church or place of worship to which the faculty proceedings related or, if they related to a churchyard, on a notice board outside the church or place of worship to which the churchyard belongs; and

(b) shall send or deliver to the registrar of the appellate court the court file maintained by the registrar of the diocese relating to the proceedings in the consistory court.

(8) Any party to the proceedings and the Council and any other body shall be entitled on giving reasonable notice to the registrar of the appellate court to inspect the court file referred to in paragraph (7)(b) and the file maintained by the registrar of the appellate court relating to the appeal and to have copies of documents contained therein made at the expense of the party, the Council or body requesting them.

(9) The appellate court may, on the application of the appellant, grant a stay of proceedings on the judgment of the consistory court.