Patronage (Appeals) Rules 1988

Interested person, notification and statement of observations

10.—(1) The registrar may of his own motion at any time before the hearing of the appeal refer to the chancellor the question whether any person other than the incumbent of the benefice or the parochial church council of any parish within the area of the benefice (or, if any such parish has no parochial church council, the churchwardens of that parish) should be an interested person for the purposes of these Rules, save that no such direction shall be made in relation to Her Majesty (whether in right of her Crown or her Duchy of Lancaster or otherwise), the possessor for the time being of the Duchy of Cornwall or the Lord Chancellor without her or his consent.

(2) The chancellor may at any time before the hearing of the appeal, upon a reference by the registrar under paragraph (1) of this rule or on the application of any such person as is referred to in that paragraph, direct that any such person is to be an interested person for the purposes of these Rules.

(3) Within seven days after the registrar receives a notice of appeal or, in the case of a person whom the chancellor has directed under paragraph (2) of this rule is to be an interested person, within seven days after the date of that direction, the registrar shall send to each interested person a notice of the lodging of the appeal in Form 5 of the Appendix, together with copies of the notice of appeal and of the paragraph 7 notice setting out the decision appealed against.

(4) Any interested person may, within twenty-eight days after the date of receiving a notice sent to him under paragraph (3) of this rule, lodge with the registrar a statement of observations in Form 6 of the Appendix setting out or stating either or both of the following–

(a) his observations on the notice of appeal or any part of it; and

(b) that he encloses documents which are or may be relevant to the appeal.

(5) On receiving a statement of observations, the registrar shall send a copy of it and of any document accompanying it to each party.