Vacation of Benefices (Legal Aid) Rules 1978

JurisdictionUK Non-devolved
CitationSI 1978/951

1978 No. 951


The Vacation of Benefices (Legal Aid) Rules 1978

8thJuly 1978

14thJuly 1978

1stSeptember 1978

In exercise of the powers conferred by section 15(3) of the Incumbents (Vacation of Benefices) Measure 1977(a) the General Synod hereby approve the following rules:—

Citation, commencement and interpretation

1.—(1) These rules may be cited as the Vacation of Benefices (Legal Aid) Rules 1978 and shall come into operation on 1st September 1978.

(2) In these rules—

"the Committee" means the Committee appointed by the General Synod under section 59(2) of the Ecclesiastical Jurisdiction Measure 1963(b) and charged with the duty of administering the Fund;

"the Fund" means the Legal Aid Fund constituted and maintained by the General Synod under section 59(1) of the said Measure of 1963;

"the Measure" means the Incumbents (Vacation of Benefices) Measure 1977;

"the Secretary" means the secretary of the Committee.

(3) The Interpretation Measure 1925(c) shall apply for the interpretation of these rules as it applies for the interpretation of Measures passed by the General Synod.

Application for refund of costs

2.—(1) Any person who by virtue of section 15(1) of the Measure, or of an order made by a provincial tribunal under subsection (1) or (2) of that section, is entitled to have any costs reasonably incurred by him in proceedings on an enquiry under Part I of the Measure conducted by a provincial tribunal refunded to him out of the Fund shall apply for the refund in a form approved by the Committee or in such other manner, being in writing, as the Secretary may accept as sufficient, and the application shall be sent to the Secretary at the Office of the Secretary-General of the General Synod.

(a) 1977 No. 1.

(b) 1963 No. 1.

(c) 15 & 16 Geo. 5 No. 1.

(2) Every such application shall contain such information and be accompanied by such documents as will enable the Committee to determine whether the applicant is entitled to have the costs so incurred refunded to him out of the Fund and whether those costs were reasonably incurred and the amount thereof; and where the applicant employed a solicitor or was represented by a solicitor or barrister, the solicitor's bill of costs shall be a bill containing detailed items.

(3) Copies of the form of application approved by the Committee shall be supplied by the Secretary on application made to him.

Authorisation of refund by the Committee

3.—(1) Every such application shall be...

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