Patronage (Appeals) Rules 1988

Hearing of appeal

13.—(1) The hearing of any appeal shall be held in public.

(2) On the hearing of the appeal the copy of the paragraph 7 notice laid before the chancellor under paragraph (1) of rule 12 shall be conclusive evidence of the terms of the decision of the registrar which is appealed against.

(3) Subject to any direction under paragraph (1) of rule 11, evidence by any person at the hearing of the appeal shall be given orally and upon oath.

(4) Any evidence which pursuant to a direction under paragraph (1) of rule 11 may be given by affidavit or before an examiner may with the leave of the chancellor be proved at the hearing of the appeal by production of a copy of the affidavit or deposition as the case may be.

(5) If any party proposes to apply to the chancellor under any of the preceding rules or under rule 27 to exercise any of his powers under those rules at the hearing of the appeal, that party shall give prior notice to each other party and to the registrar of his proposed application, save that if the giving of such prior notice is impracticable the chancellor may nevertheless exercise any of those powers at the hearing of the appeal without such prior notice having been given.

(6) On the hearing of the appeal the chancellor may make any decision of fact and draw any inference of fact which the registrar might have reached or drawn in reaching his decision under Schedule 1 to the Measure as to the persons and information to be entered on the register in respect of the benefice.

(7) On the hearing of the appeal, the chancellor may if he thinks fit permit any interested person to address him.

(8) On the hearing of the appeal the chancellor shall consider all the relevant circumstances, shall determine the rights of the appellant and the respondents and any other question or questions raised by the appeal on the basis of the evidence placed before him, and may by his order do either or both of the following–

(a) confirm, reverse or vary the decision of the registrar appealed against or make any other decision which the registrar might have made under Schedule 1 as to the person or persons or the information to be entered on the register in respect of the benefice; and

(b) give any appropriate direction to the registrar as to the terms of or the rectification of any entry in the register in respect of the benefice;

but shall not make any order which would affect the rights of a person who is not the appellant or a respondent.

(9) The registrar shall serve on the appellant, each respondent and each interested person a copy of the order of the chancellor under paragraph (8) of this rule and a copy of the entry in the register referred to in any direction under sub-paragraph (b) of that paragraph or, if applicable, of that entry as rectified.