ECCLESIASTICAL LAW, ENGLAND PART I PRELIMINARY Citation and commencement 1 These Rules may be cited as the Benefices (Institution Appeals) Rules 1988 and shall come into force on 1st January 1989. Revocation 2 The Benefices Rules 1899 are hereby revoked. Interpretation 3 1 In these Rules— “the Act” means the Benefices Act 1898; “appeal” means an appeal by a patron or presentee under section 3 of the Act; “appellant” means the patron or presentee who has served the notice of appeal; “the Appendix” means the Appendix to these Rules; “archbishop” means the archbishop of the province in which the benefice is or, where the benefice is in the diocese of the archbishop of that province or the archbishopric of the province is vacant or the archbishop is patron of that benefice, the archbishop of the other province; “benefice” (except for the purposes of paragraph (1) of rule 4) means the benefice to which the appeal relates; “bishop” means the bishop of the diocese; “bishop’s reply” means a reply to grounds of appeal served by the bishop under paragraph (2) of rule 7; “chancellor” means the chancellor of a diocese (or, in the case of the diocese of Canterbury, the commissary general); “diocese” (except for the purposes of rule 17 and when used in relation to the term “chancellor”) means the diocese in which the benefice is; “grounds of appeal” means grounds of appeal served by the appellant under paragraph (1) of rule 7; “institution” includes admission and the term “institute” includes the term “admit”; “judge” means the Dean of the Arches and Auditor, or any chancellor nominated by him to hear the appeal under sub-section (6) of section 3 of the Act; “list of documents” means a list of documents served under paragraph (1) of rule 9; “the Measure” means the Patronage (Benefices) Measure 1986; “notice of appeal” means a notice of appeal under sub-section (1) of section 3 of the Act and under rule 5; “notice to produce” means a notice to produce a document served under paragraph (2) of rule 9; “patron” means the person who is registered as a patron of the benefice under the Measure, or who is otherwise entitled to present to the benefice, and who has presented the presentee to the bishop for institution to the benefice; “pleading” means a request for particulars, a statement of particulars, grounds of appeal or a bishop’s reply; “presentee” means a person presented to the bishop for institution to the benefice whom the bishop has refused to institute; “registrar” (except when used in relation to the registrar of a diocese) means the registrar of the province of the archbishop, and includes any registrar of a diocese appointed to act as his deputy under rule 17; “registry” means the provincial registry of the archbishop; “request for particulars” means a request served by the appellant under paragraph (1) of rule 6; “response” means a response to a notice to produce served under paragraph (4) of rule 9; “rule 9 document” means a list of documents, a notice to produce or a response; “statement of particulars” means a statement of particulars served by the bishop of the diocese under paragraph (3) of rule 6 or in compliance with an order under paragraph (1)(b) of rule 10, or a statement of particulars or further statement of particulars served by a party under paragraph (1) of rule 8; “statement of refusal” means a document signifying the bishop’s refusal to institute the presentee to the benefice under sub-section (1) of section 3 of the Act and paragraph (1) of rule 4; “tribunal” means — in relation to the hearing of the appeal, any application made, heard or refused at the hearing of the appeal and any order, direction or leave made, given, granted or refused at the hearing of the appeal, and for the purposes of rule 17 — the archbishop and the judge, and — for all other purposes — the judge. 2 The Interpretation Measure 1925 and the Interpretation Act 1978 shall apply for the interpretation of these Rules as they apply for the interpretation of Measures passed by the General Synod. PART II REFUSAL TO INSTITUTE AND APPEAL Statement of refusal 4 1 A refusal by a bishop to institute a presentee to a benefice under section 2 of the Act and the grounds of that refusal shall be signified to the patron and the presentee in accordance with section 3 of the Act by serving upon each of them (in the same terms) a statement of refusal in Form 1 of the Appendix. 2 On serving a statement of refusal on the patron and the presentee in accordance with paragraph (1) of this rule, the bishop shall forthwith send notice of his refusal to institute in Form 2 of the Appendix to the parochial church council of each parish within the area of the benefice (or, if any such parish has no parochial church council, to the churchwardens of the parish). Notice of appeal 5 1 A patron or presentee shall commence an appeal under section 3 of the Act by serving on the bishop a notice of appeal in Form 3 of the Appendix within one month after the date of service on him of the statement of refusal. 2 On serving a notice of appeal on the bishop in accordance with paragraph (1) of this rule, the patron or presentee shall forthwith lodge with the registrar copies of the statement of refusal and the notice of appeal. PART III PLEADINGS, DISCOVERY, AMENDMENT, WITHDRAWAL AND DISMISSAL Request for particulars and statement of particulars 6 1 The appellant may if he so wishes serve on the bishop with his notice of appeal a request for particulars in Form 4 of the Appendix seeking particulars of the facts on which the bishop intends to rely at the hearing of the appeal. 2 If an appellant serves a request for particulars on the bishop under paragraph (1) of this rule, he shall lodge a copy with the registrar at the same time as he lodges copies of the statement of refusal and the notice of appeal. 3 The bishop shall within twenty-one days after the date of service on him of a request for particulars— a serve on the appellant a statement of particulars in Form 5 of the Appendix, giving the particulars sought; and b lodge a copy of the statement of particulars with the registrar. Grounds of appeal and bishop’s reply 7 1 Within fourteen days after the date of service on the appellant of a statement of particulars under paragraph (3) of rule 6 or, if the appellant has not served a request for particulars, within twenty-eight days after the date of service on the bishop of the notice of appeal, the appellant shall serve on the bishop grounds of appeal in Form 6 of the Appendix— a setting out the grounds on which the appellant intends to rely at the hearing of the appeal; b indicating which (if any) of the facts which are set out in the statement of refusal or in any statement of particulars which has been served by the bishop the appellant admits and which (if any) he disputes; and c giving particulars of any facts which are not set out in the statement of refusal or in any statement of particulars but on which the appellant intends to rely at the hearing; and shall lodge a copy of the grounds of appeal with the registrar. 2 Within fourteen days after the date of service on the bishop of grounds of appeal, the bishop may if he so wishes serve on the appellant a bishop’s reply in Form 7 of the Appendix— a stating his response to the grounds of appeal; and b giving particulars of any further facts on which he intends to rely at the hearing of appeal. 3 On serving a bishop’s reply on the appellant under paragraph (2) of this rule, the bishop shall forthwith lodge a copy with the registrar. Voluntary statements of particulars 8 1 At any time before the hearing of the appeal either party may, with the leave of the registrar or the tribunal, serve on the other party a statement of particulars or further statement of particulars in Form 5 of the Appendix giving particulars of facts or further facts on which he intends to rely at the hearing of the appeal. 2 On serving a statement of particulars or further statement of particulars on the other party under paragraph (1) of this rule, a party shall forthwith lodge a copy with the registrar. Discovery 9 1 Within fourteen days after the final date for serving a bishop’s reply under rule 7, each party shall— a serve on the other party a list of documents in Form 8 of the Appendix, specifying all documents which are in the possession, custody or power of the party serving the list and to which that party intends to refer at the hearing of the appeal; and b lodge a copy of the list of documents with the registrar. 2 A party may at any time before the hearing of the appeal or, with the leave of the tribunal, at the hearing of the appeal, serve on the other party a notice to produce in Form 9 of the Appendix, requiring that other party to produce any document specified in that other party’s list of documents for the inspection of the party serving the notice to produce. 3 A party who serves a notice to produce under paragraph (2) of this rule on the other party shall forthwith lodge a copy with the registrar. 4 A party on whom a notice to produce is served shall serve on the other party within fourteen days after the date of service on him of the notice to produce (or, if the notice to produce is served at or within fourteen days of the hearing of the appeal, within such other period as the tribunal may direct) a response in Form 10 of the Appendix, stating in relation to each document specified in the notice to produce either— a a time within fourteen days after the date of service on him of the notice to produce (or, if the notice to produce is served at or within fourteen days of the hearing of the appeal, within such other period as the tribunal may direct), and a place, at which that document will be produced for the inspection of the party who has served the notice to produce; or b that the party serving the response objects to the production of that document and the grounds of his objection; and shall lodge a copy of the response with the registrar. 5 A party who has served a response containing the statement provided for by paragraph (4)(a) of this rule in relation to any document shall make that document available for inspection by the other party at the time and place stated in the response and shall on request by the other party and on payment of reasonable copying charges supply the other party with a copy of that document. 6 Except with the leave of the tribunal at the hearing of the appeal, a party shall not be permitted to refer at the hearing to any document in his possession, custody or power— a which is not specified in his list of documents; or b which has been specified in a notice to produce served on him but in respect of which he has not both— i served a response containing the statement provided for by paragraph (4)(a) of this rule; and ii complied with paragraph (5) of this rule. Amendment, finality of pleadings, withdrawal and dismissal 10 1 The registrar may at any time before the hearing of the appeal, and the tribunal may at or before the hearing of the appeal, in each case on the application of either party or of his or its own motion— a permit either party to amend or add to any pleading of his; b order the bishop (in the event of his failing to give the particulars sought under paragraph (1) of rule 6) to serve within a specified period on the appellant a statement of particulars in Form 5 of the Appendix giving particulars or further particulars of the facts on which the bishop intends to rely at the hearing of the appeal, and to lodge a copy with the registrar; and on giving any such leave or making any such order the registrar or the tribunal shall give such further direction as to further pleadings or otherwise as he or it thinks fit. 2 Except with the leave of the tribunal at the hearing of the appeal— a the bishop shall not be permitted to rely at the hearing on any grounds for the refusal to institute which are not set out in the statement of refusal; b the appellant shall not be permitted to rely at the hearing on any grounds which are not set out in the grounds of appeal; and c neither party shall be permitted to rely at the hearing on any fact which is not set out in the statement of refusal, in any statement of particulars, in the grounds of appeal or in any bishop’s reply; and (without prejudice to paragraph (1) of this rule and the preceding provisions of this paragraph) the tribunal may give such leave at the hearing of the appeal on the application of either party or of its own motion. 3 The registrar may at any time before the hearing of the appeal, and the tribunal may at the hearing of the appeal, in each case on the application of the bishop, permit the bishop to withdraw his refusal to institute and his statement of refusal, and upon such withdrawal the tribunal shall be deemed to have directed the bishop under sub-section (1) of section 3 of the Act to institute the presentee. 4 The registrar may at any time before the hearing of the appeal, and the tribunal may at the hearing of the appeal, in each case upon the application of the appellant, permit the appellant to withdraw his notice of appeal, and upon such withdrawal the tribunal shall be deemed to have decided under sub-section (1) of section 3 of the Act to uphold the bishop’s refusal to institute the presentee. 5 If the appellant fails to serve grounds of appeal in accordance with paragraph (1) of rule 7 the registrar shall, on the application of the bishop and after giving notice to the appellant, refer the proceedings to the tribunal, and the tribunal (subject to the granting of any extension of time) shall dismiss the appeal and uphold the bishop’s refusal to institute the presentee. 6 If the bishop fails to serve a statement of particulars in compliance with an order under paragraph (1)(b) of this rule, the registrar shall, on the application of the appellant and after giving notice to the bishop, refer the proceedings to the tribunal, and the tribunal (subject to the granting of any extension of time) shall uphold the appeal and direct the bishop to institute the presentee. PART IV DIRECTIONS AND HEARING Consolidation 11 1 This rule shall apply to appeals by both a patron and a presentee in respect of the same refusal by the bishop to institute the presentee to a benefice. 2 At any time before the hearing of any appeals to which this rule applies, the registrar may on the application of either of the appellants or of his own motion make an order consolidating the appeals. 3 For the purposes of these Rules, and subject to the terms on which any order under paragraph (2) of this rule is made— a the appeals to which this rule applies shall from the date of any such order be treated as a single appeal and the appellants shall be treated (except for the purpose of service on them) as a single appellant; and b any statement of refusal, pleading or rule 9 document served or lodged before that date by or served before that date on either of the appellants shall be treated as served or lodged by or served on them both. 4 If at any time any appeals to which this rule applies have not been consolid-ated under paragraph (2) of this rule, the registrar shall serve on the appellant in each appeal— a a copy of any pleading or rule 9 document lodged with the registrar in connection with the appeal by the other appellant; and b a copy of any leave granted or order made under rule 10 in the appeal by the other appellant. Directions as to evidence 12 1 The registrar may at any time before the hearing of the appeal, and the tribunal may at the hearing of the appeal, in each case on the application of either party or of his or its own motion— a direct either party to produce any specified document for the inspection of the other party within a specified period and, if the registrar or the tribunal giving the direction thinks fit, to do either or both of the following— i to permit the other party to make extracts from and take copies of such documents; and ii to give notice to the other party of the time and place at which the document is to be produced; b direct any party or other person to produce any specified document at the hearing of the appeal; c direct the attendance of any party or other person for the purpose of giving evidence at the appeal; d direct either party to make general discovery of documents; e direct that all or a specified part of the evidence of any person at the hearing of the appeal may be given on oath before an examiner appointed by the registrar or the tribunal, and direct the attendance of such person before the examiner at a specified time and place; f direct that all or a specified part of the evidence of any person at the hearing of the appeal may be given by affidavit. 2 Where a direction under paragraph (1)(b), (c), (e) or (f) of this rule relates to a person other than a party, the registrar shall serve a copy of the direction on that person and, if applicable, and without prejudice to paragraph (5) of rule 13, shall give him not less than fourteen days' notice of the time and place of any appointment at which his attendance is required. Directions for hearing 13 1 After the expiration of the time prescribed for the service of lists of documents under paragraph (1) of rule 9, the registrar shall lay before the tribunal copies of— a the statement of refusal; b the notice of appeal; c all pleadings and rule 9 documents; and all other documents which are relevant to the appeal. 2 The tribunal (or the registrar so far as he has been authorised by the tribunal to determine any matter under this paragraph) shall appoint a time and place for the hearing of the appeal and shall give such further directions as it or he thinks fit. 3 a At any time before the hearing of the appeal either party may apply to the tribunal (or, if the application is made before the hearing of the appeal and the registrar has been authorised by the tribunal to determine such applications, to the registrar) for a postponement or adjournment of the hearing, and on any such application the tribunal or the registrar may postpone or adjourn the hearing of the appeal to such date as it or he may specify. b The tribunal may at any time, of its own motion, postpone or adjourn the hearing of the appeal to such date as it may specify. 4 The registrar shall serve on each party copies of all orders and directions made or given under paragraphs (2) and (3) of this rule. 5 The registrar shall serve on each party and each other person directed to attend or to produce a document at the hearing of the appeal under paragraph (1)(b) or (c) of rule 12— a not less than twenty-one days' notice of the time and place appointed for the hearing of the appeal under paragraph (2) of this rule; and b notice of any later date specified for the hearing of the appeal under paragraph (3) of this rule. Hearing of appeal 14 1 Subject to any direction under paragraph (1) of rule 12, evidence by any person at the hearing of the appeal shall be given orally and upon oath. 2 Any evidence which pursuant to a direction under paragraph (1) of rule 12 may be given by affidavit or before an examiner may with the leave of the tribunal be proved at the hearing of the appeal by production of a copy of the affidavit or deposition as the case may be. 3 If either party proposes to apply to the tribunal under any of the preceding rules or under rule 15 to exercise any of its powers under those rules at the hearing of the appeal, that party shall give prior notice to the other party and to the registrar of his proposed application, save that if the giving of such prior notice is impracticable the tribunal may nevertheless exercise any of those powers at the hearing of the appeal without such prior notice having been given. 4 Any appeals to which rule 11 applies and which have not been consolidated under paragraph (2) of that rule shall be heard together if the registrar or the tribunal so directs. 5 On the hearing of the appeal the tribunal shall consider all the relevant circumstances, shall determine all questions raised by the appeal on the basis of the evidence placed before it, and shall decide whether— a to uphold the bishop’s refusal to institute the presentee; or b to direct the bishop to institute the presentee. PART V COSTS, MISCELLANEOUS AND GENERAL Application of the Patronage (Appeals) Rules 1988 to costs, interlocutory applications, orders and directions, representation, notices, documents, time, parochial church councils, and non-compliance 15 Rules 14 to 27 of the Patronage (Appeals) Rules 1988 (in this rule and the Schedule to these Rules referred to as “the associated Rules”) shall apply mutatis mutandis to appeals within the meaning of paragraph (1) of rule 3 of these Rules as they apply to appeals within the meaning of the associated Rules, subject to the provisions of rule 2 of the associated Rules and with the modifications set out in the Schedule to these Rules. Notice to parochial church council of result of appeal 16 The registrar shall send notice of the decision of the tribunal on any appeal (including any decision deemed to be taken under paragraphs (3) or (4) of rule 10) to the parochial church council of each parish within the area of the benefice (or, if any such parish has no parochial church council, to the churchwardens of the parish). Appointment of deputy registrar 17 The tribunal may at any time, at the request of the registrar of the province, appoint the registrar of any diocese within the province of the archbishop (other than the diocese in which the benefice is) to act as a deputy to the registrar of the province in relation to an appeal specified by the tribunal, and any deputy so appointed shall have all the powers and perform all the duties of the registrar of the province under these Rules in relation to that appeal. T. A. C. Coningsby D. N. Cheetham O. W. H. Clark M. B. Goodman J. F. M. Smallwood Dated this eleventh day of October 1988 Approved by the General Synod W. D. Pattinson Secretary-General the eighth day of November 1988