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Faculty Jurisdiction Rules 1992

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General Citation

5.—(1) As soon as a petitioner is ready to lodge a petition for a faculty the petitioner shall fill in the general citation in Form No 3 in Appendix B (except where the petitioner is not the minister or a churchwarden or where the petition relates to exhumation or reservation of a grave space) and shall describe the works or purposes in the citation in the same manner as they are described in the schedule to the petition.

(2) Notwithstanding paragraph (1) above any petitioner may, if he so wishes, consult the registrar for advice prior to completing any petition or general citation, and he should do so in respect of citation where the petition relates to a matter which is not within Appendix A.

(3) As soon as a petitioner has filled in the citation

(a)he shall immediately lodge in the registry the petition and the documents required by rule 3(4)(b) and a copy of the completed citation;

(b)he shall immediately display the citation in accordance with paragraph (4) below save that if he is not the minister, or a churchwarden he shall send the citation to the registrar for his directions.

(4) Subject to paragraph (3)(b) above and rule 12(4) a copy of the citation shall be displayed for a continuous period of not less than fourteen days including at least one Sunday when the church is used for worship.

(a)in the case of a petition relating to a parish church or its churchyard—

(i)inside the church on a notice board or in some other prominent position, and

(ii)on a notice board outside that church,

(b)in the case of a petition relating to a church or place of worship (or any churchyard belonging to it) which is not a parish church—

(i)on a notice board or in some other prominent position inside that church or place of worship and inside the parish church or parish churches in the parish concerned, and

(ii)on a notice board outside the church or place of worship to which the application relates and outside the parish church or parish churches in the parish concerned.

and if there is no notice board within the grounds of any building mentioned in sub- paragraph (a)(ii) or (b)(ii) above, the notice required to be displayed outside that building under those sub-paragraphs shall be displayed on the outside of or near to the principal door of that building and in some other prominent position readily visible to the public.

(5) If on receipt of the petition and copy citation the registrar considers that

(a)the works or purposes are not adequately described in the citation, or

(b)a copy of the citation should be displayed inside or outside any other church or place of worship in the parish concerned, or

(c)a copy of the citation should be displayed in some prominent position elsewhere in the parish concerned (whether inside or outside a building) where it will be clearly visible to the public, or

(d)the citation should be displayed for a longer period than is provided for in paragraph (4) of this rule

he may give such directions to the petitioners as he thinks fit.

(6) Upon the expiry of the period of general citation required under paragraph (4) or such longer period as may be directed under paragraph (5)(d) of this rule the citation or a copy thereof shall be returned to the registrar by the petitioners with the certificate of execution duly completed thereon in accordance with Form No 3 in Appendix B.

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