The Faculty Jurisdiction Rules 2015

PART 26 Commission of Review

Filing of petition

26.1.—(1) A party may file a petition addressed to Her Majesty seeking a review of a finding of the Court of Ecclesiastical Causes Reserved.

(2) A petition under paragraph (1) must be—

(a) filed with the Clerk of the Crown in Chancery within 28 days of the date on which the judgment of the Court of Ecclesiastical Causes Reserved is given or handed down;

(b) in Form 27; and

(c) accompanied by—

(i) the judgment of the Court of Ecclesiastical Causes Reserved;

(ii) the judgment, order or decree of the consistory court against which the appeal in the Court of Ecclesiastical Causes Reserved was brought;

(iii) the application in Form 22 and the proposed grounds of appeal that were filed under rule 23.1(3); and

(iv) the chancellor’s determination in Form 23 under rule 23.2.

Appointment of Registrar of Commission of Review etc.

26.2.—(1) When a Commission of Review is appointed in response to a petition under rule 26.1, the Clerk of the Crown in Chancery must—

(a) appoint a person to be registrar of the Commission of Review, and

(b) provide the appellant and every other party with the name and address of the person appointed.

(2) The Clerk of the Crown in Chancery must provide the registrar of the Commission of Review with copies of the petition and the other documents that have been filed in accordance with rule 26.1(2).

Service of petition

26.3.—(1) Within 7 days of filing a petition under rule 26.1, the party who seeks the review must serve a copy of the petition on—

(a) every other party;

(b) the registrar of the Court of Ecclesiastical Causes Reserved; and

(c) the diocesan registrar.

(2) The registrar of the Commission of Review must send a copy of the petition to—

(a) any person or body who was given special notice of the petition for a faculty and who sent representations under rule 9.5(1)(a) or who gave evidence under rule 13.3 (Evidence of Historic England and national amenity societies); and

(b) the Church Buildings Council.

Respondent’s notice

26.4.—(1) A respondent may file a respondent’s notice with the registrar of the Commission of Review.

(2) A respondent must file a respondent’s notice if the respondent wishes to ask the Commission of Review to uphold a finding of the Court of Ecclesiastical Causes Reserved for reasons different from or additional to those given by that court.

(3) Any respondent’s notice must be filed within 14 days of the date on which the respondent receives a copy of the petition under rule 26.3(1).

(4) A respondent who files a respondent’s notice must serve a copy on the appellant and every other party not later than 7 days after it is filed.