Faculty Jurisdiction (Injunctions and Restoration Orders) Rules 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/2884 |
| Year | 1992 |
1992 No. 2884
ECCLESIASTICAL LAW, ENGLAND
Faculty Jurisdiction (Injunctions and Restoration Orders) Rules 1992
Made 14th October 1992
Laid before Parliament 19th November 1992
Coming into force 1st March 1993
In pursuance of sections 13 and 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 19911the Rule Committee constituted in accordance with section 25 of the said Measure makes the following Rules:—
Citation and commencement
1. These Rules may be cited as the Faculty Jurisdiction (Injunctions and Restoration Orders) Rules 1992 and shall come into force on the first day of March 1993.
Interpretation
2.—(1) In these Rules
“the Measure” means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;
“article” includes any article appertaining to a building which is subject to the faculty jurisdiction by virtue of an order made under section 11(4) of the Measure;
“the archdeacon” means the archdeacon of the archdeaconry in which the church or churchyard concerned is situated;
“the chancellor” and “the registrar” mean, in relation to any proceedings, the chancellor and the registrar respectively of the diocese in which the church or churchyard is situated, and include any person appointed to act as the deputy of the chancellor or registrar, as the case may be;
“church” includes any building (1) which is for the time being subject to the faculty jurisdiction by an order made by the bishop under section 6 of the Faculty Jurisdiction Measure 19642, or (2) which is licensed by the bishop of a diocese after the coming into operation of section 11 of the Measure for public worship according to the rites and ceremonies of the Church of England unless such building has been excluded from the faculty jurisdiction by order made under section 11(3) of the Measure;
“court” means the consistory court of the diocese in which the church or churchyard is situated and the chancellor or registrar thereof;
“injunction” means an order constituting an injunction under section 13(4) of the Measure;
“minister” has the same meaning in these Rules as in section 31(1) of the Measure;
“restoration order” means an order made under section 13(5) of the Measure.
(2) The Interpretation Act 19783shall apply for the interpretation of these Rules as it applies for the interpretation of Measures passed by the General Synod.
Applicant
3. An application for an injunction or for a restoration order may be made by
(a) the archdeacon concerned
(b) any other person appearing to the registrar or the chancellor to have a sufficient interest in the matter.
Form of application
4.—(1) Subject to rule 8(1) any application under section 13 of the Measure shall be made in writing and shall be in Form No. 1 in the Appendix.
(2) An application under rule 4(1) shall be accompanied by an affidavit of the applicant, or of a person acting on his behalf, giving details of the facts and matters relied upon in support of his application for an injunction or restoration order. An affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.
(3) An application made under rule 4(1) shall not be served on any person unless it contains details of a date of hearing which shall be provided by the registrar who issues the application.
Service
5. (a)
5. (a) (1) Subject to rule 8 an application under rule 4(1) shall be served
(i) upon any person against whom the applicant is seeking an injunction or restoration order, and
(ii) where faculty proceedings have been instituted in relation to or concerning the subject matter of the application, upon each of the petitioners and any other parties to the proceedings, and
(iii) if it appears to the court that it is impracticable for any reason to serve the application on all or any of the persons described in paragraph (i) and (ii) of this rule, the court may make an order giving leave for such steps to be taken as the court directs to bring the application to the notice of any person to be served.
(b)
(b) Unless the court otherwise directs, service shall be effected not less than 2 clear days before the date specified in rule 4(3).
(2) A copy of any application made under rule 4(1) (other than by the archdeacon) shall be sent by the applicant to the archdeacon and also to the minister (if he is not the applicant) at the same time as steps are taken to effect service under rule 5(1).
(3) Before he lays...
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