
1 
These rules may be cited as the Ecclesiastical Jurisdiction (Discipline)
Rules 1964, and shall come into force on the first day of March 1965.
2 

(1) In these rules,
unless the context otherwise requires:
 “the complainant” means, in relation to a complaint, the person or persons by whom the
complaint was laid;
 “the Dean of the Arches and Auditor”
 includes a person appointed to act as
his deputy under section 4
of the Measure;
 “the judge of the consistory
court” means the chancellor of
the diocese and includes a person appointed to act as his deputy under section 4 of the Measure and also,
for the purposes of any proceedings in respect of which a person is appointed
under section 27
of the Measure, the person so appointed;
 “the Measure” means the Ecclesiastical Jurisdiction Measure
1963;
 “the promoter” means, in relation to a complaint and proceedings arising thereon, the
person nominated under section 25, section 33(7),
or section
43 of the Measure, as the case may be, to promote
the complaint;
 “the registrar” means, in relation to a complaint the registrar of a province or diocese
before whom the complaint was laid, and includes any person appointed to act
as deputy registrar.
(2) The Interpretation Measure 1925
shall apply for the interpretation of these rules as it applies for the interpretation
of Church Assembly Measures.
3 

(1) The laying of
a complaint before the registrar of a province or diocese under section 18 of the Measure in respect
of any offence shall be effected in accordance with the following provisions
of this rule.
(2) Three copies of
the complaint shall be lodged with the registrar, and it shall be in the appropriate
form set out in the Appendix.

(3) The complaint
shall be signed by the person or, as the case may be, each of the persons
by whom it is laid, and shall state the authority or qualification of that
person or, as the case may be, each of those persons for laying the complaint
and shall state the offence or offences charged and give particulars of the
alleged acts or omissions constituting the offence or, as the case may be,
each of the offences charged, and shall state the complainant's address for
service.
(4) The complaint
shall be verified by an affidavit sworn by the person or, as the case may
be, each of the persons by whom it is laid, and the original affidavit or
affidavits and one copy thereof shall be lodged with the registrar.
(5) If the complaint
is laid by a person authorised by a bishop or an archbishop to do so, a certificate
signed by the bishop or archbishop and certifying his authority shall, subject
as hereinafter provided, be lodged with the registrar.
(6) If the complaint
is laid by persons qualified by having their names on the electoral roll of
a parish or conventional district or guild church, a certificate or certificates
signed by a churchwarden of the parish, district or church or by the secretary
of the parochial church council or guild church council and verifying the
qualification of each of those persons shall, subject as hereinafter provided,
be lodged with the registrar.
(7) If the persons
by whom a complaint is laid include persons qualified as lay members of a
diocesan conference, a certificate or certificates signed by the secretary
of the conference and verifying the qualification of each of those persons
shall, subject as hereinafter provided, be lodged with the registrar.
(8) The registrar
may dispense with any such certificate as aforesaid in a case where he is
otherwise satisfied of the qualification of any such person.
(9) If the registrar
is satisfied that the foregoing provisions of this rule have been complied
with, he shall seal one copy of the complaint with the seal of the registry
and return it to the complainant, and shall complete the laying of the complaint
by filing another copy thereof in the registry.
(10) The registrar
shall give the third copy of the complaint—
(a) where the
accused is a priest or deacon, to the bishop of the diocese of which he is
the registrar;
(b) where the
accused is a bishop, to the archbishop of the relevant province; or
(c) where the
accused is an archbishop, to the senior of the diocesan bishops of the relevant
province, excluding any bishops laying the complaint, seniority being determined
in accordance with section 67
of the Measure.
4 

(1) When a complaint
has been duly laid before the registrar, the complainant shall within 28 days
after the laying of the complaint serve on the accused a copy of the complaint
and of the affidavit or affidavits verifying the complaint.
(2) The service must
be personal service, and rule 58(1)
shall apply thereto.
(3) The complainant
shall at the same time serve 2 copies of a form of statement of the accused's
address for service, and the accused shall complete and sign both copies and
serve one on the complainant and lodge the other with the registrar.
5 
If the bishop decides under section 23
of the Measure that no further step be taken in the matter of the complaint,
he shall, in addition to the notices required by that section to be given
to the complainant and to the accused, give written notice of his decision
to the registrar, who shall file it in the registry.
6 

(1) If the bishop
refers the complaint under the said section 23 for inquiry by an examiner,
he shall notify the registrar accordingly, and the registrar shall thereupon
fix a time and place for the selection of the examiner under Part I of the Second Schedule
to the Measure.
(2) The registrar
shall give not less than 7 days' notice in writing of the time and place so
fixed to the complainant and the accused, and the notice shall inform them
of their right under paragraph 2
of the said Schedule to be present by themselves or their representatives.

(3) The registrar
shall forthwith give notice in writing of the name of the examiner selected,
to the complainant and the accused.
7 

(1) Within 14 days
after receiving notice of the name of the examiner, the complainant shall
lodge with the registrar the original and one copy of the affidavits containing
the evidence which he proposes to lay before the examiner under section 24(3) of the Measure and
2 copies of a notice in writing stating the name of any person whom he is
proposing to call to give oral evidence at the inquiry by virtue of the proviso
to the said section 24(3), and shall serve one copy of the affidavits and
notice (if any) on the accused within the said period or as soon as possible
thereafter.
(2) The service on
the accused must be personal service, and rule 58(1)
shall apply thereto.
(3) Within 14 days
after the service of copies of the complainant's affidavits, the accused shall
lodge with the registrar the original and one copy of the affidavits containing
the evidence which he proposes to lay before the examiner under the said section
24(3) and of a notice in writing stating the name of any person whom he is
proposing to call to give oral evidence at the inquiry by virtue of the proviso
to the said section 24(3), and shall serve one copy of the affidavits and
notice (if any) on the complainant within the said period.
(4) No further affidavits
shall be laid before the examiner, except with the leave of the registrar.

8 

(1) The examiner shall
as soon as possible after his selection fix the time and place at which the
inquiry will be held, and it shall be not less than 28 days after his selection,
and the registrar shall give not less than 14 days' notice in writing of the
time and place so fixed to the complainant and the accused.
(2) If it is necessary
for the inquiry to be adjourned, the examiner shall fix the time and place
at which the inquiry will be resumed.
(3) Either the complainant
or the accused may apply to the registrar for a postponement of the inquiry
or, as the case may be, of the adjourned hearing and, if the application is
granted, the inquiry or hearing shall be postponed to such later time as the
examiner may fix, and the registrar shall give not less than 7 days' notice
in writing to the parties of the time so fixed.
(4) The examiner may
at any time of his own motion postpone the inquiry or, as the case may be,
the adjourned hearing to such later time as he may fix, and the registrar
shall give not less than 7 days' notice in writing thereof to the parties.

9 

(1) Any application
to the examiner under section 24(3)
of the Measure to request the attendance at the inquiry of a person making
an affidavit shall be lodged with the registrar not less than 10 days before
the day fixed for the inquiry, and any request by the examiner for the attendance
of any such person shall be made in writing not less than 4 days before his
attendance is required.
(2) If the examiner
of his own motion requests the attendance of any such person, the registrar
shall give notice in writing of the request to each party.
10 
The examiner shall give copies of his decision
to the complainant and to the registrar, as well as to the persons to whom
he is required to give copies thereof by section 24(6)
of the Measure, and the registrar shall file his copy in the registry.
11 

(1) If the accused
wishes the bishop of the diocese before whose registrar the complaint was
laid to exercise his power under section 31
of the Measure to pronounce a censure on him with his consent, he may lodge
with the registrar 2 copies of an application to the bishop to that effect.

(2) The application
shall state the extent to which the accused admits the offence or offences
charged and the allegations contained in the complaint, and the accused shall
serve a copy thereof on the complainant.
(3) If the bishop
decides to exercise his power under the said section, the registrar shall
give not less than 7 days' notice in writing to the accused and the complainant
of the time and place at which the censure will be pronounced, and they shall
be entitled to be present; and the registrar shall attend the bishop when
he pronounces sentence.
(4) The censure shall
be reduced to writing and copies thereof shall be given to the accused and
the complainant and to the registrar, who shall file his copy in the registry.

(5) If the bishop
decides not to exercise his power under the said section, he shall give notice
in writing of his decision to the accused and to the registrar and, if he
has consulted with the complainant in accordance with the said section, to
the complainant, and the registrar shall file the notice in the registry.

12 

(1) Subject to the
following provisions of this rule, the person nominated to promote a complaint
under section 25
of the Measure shall, within 28 days after his nomination, lodge with the
registrar 6 copies of the articles charging the offence or offences specified
by the examiner, together with a certificate of his nomination signed by the
bishop, and shall within the said period or as soon as possible thereafter
serve a copy of the said articles on the accused.The registrar shall forthwith give one of the copies lodged with
him to the judge of the consistory court, and 4 copies shall be available
for the assessors.
(2) If the promoter
wishes to apply to the examiner or the consistory court under section 26 of the Measure for
leave to include in the articles particulars of any offence not specified
by the examiner, being an offence founded on evidence disclosed in the course
of the inquiry by the examiner, he shall lodge with the registrar, within
14 days after his nomination, 2 copies of an application in writing stating
the offences to be included and the evidence on which he relies, and whether
the application is to the examiner or the court, and shall within the said
period or as soon as possible thereafter serve a copy of the application on
the accused.
(3) The registrar
shall give not less than 7 days' notice in writing to the promoter and the
accused of the time and place of the hearing of the application.
(4) If such an application
is refused by the examiner, a subsequent application may be made to the consistory
court, and paragraphs (2) and (3) of this rule shall apply thereto, except
that the period for lodging the application shall be 7 days after the date
of the refusal of the previous application.
(5) If any application
or applications is or are made under this rule, the period within which the
articles must be lodged with the registrar shall extend to 21 days after the
date of the decision or, as the case may be, the second decision, and paragraph
(1) of this rule shall apply accordingly.
(6) The service on
the accused of a copy of the articles and of any application under this rule
must be personal service, and rule 58(1)
shall apply thereto.
13 

(1) The accused may,
within 14 days after the service on him of the articles, lodge with the registrar
6 copies of an answer to the articles and serve one copy on the complainant.
The registrar shall give one of the copies lodged with him to the
judge of the consistory court, and 4 copies shall be available for the assessors.

(2) If an answer
is lodged, it shall admit or deny the offence, or if the articles specify
two or more offences, each of the offences; and may also admit or deny, or
give the accused's account or explanation of, the matters alleged in the articles
to constitute the offence or offences.
14 

(1) As soon as possible
after he has received a copy of the articles, the judge of the consistory
court shall fix a time and place for the trial, and the time shall not be
less than 28 days after the lodging of the articles.
(2) Either the promoter
or the accused may apply to the registrar for a postponement of the time fixed
for the trial and, if the application is granted, the trial shall be at such
later time as the judge may fix.
(3) The judge may
at any time of his own motion postpone the time fixed for the trial.
15 

(1) The registrar
shall fix a time and place for the selection, in accordance with Part II of the Second Schedule
to the Measure, of the 4 assessors with whom the consistory court is required
to sit, and the time so fixed shall be not less than 15 days before the day
fixed for the trial.
(2) The registrar
shall give not less than 7 days' notice in writing of the time and place so
fixed to the promoter and the accused, and the notice shall inform them of
their right under paragraph 6
of the said Schedule to be present by themselves or their representatives.

(3) The registrar
shall forthwith give notice in writing of the names of the assessors selected
to the promoter and the accused, and shall inform the judge of the consistory
court.
(4) Any objection
by either party to an assessor so selected shall be made in writing and lodged
with the registrar within 7 days after the receipt of the notice of the assessor
so selected, and the objection shall state the reasons therefor and, if the
judge approves the reasons, the registrar shall (without prejudice to paragraph 8 of the Second Schedule
to the Measure) endeavour to arrange another ballot, with notice to the parties,
for the selection of another assessor before the trial.
16 

(1) The judge of
the consistory court may at the hearing, if he thinks that the interests of
justice so require—
(a) allow the
promoter to withdraw the articles or, if two or more offences are charged,
to withdraw the charge or charges in respect of one or some of those offences;

(b) allow the
promoter to amend the articles in any other way, but not so as to charge any
new offence;
(c) allow the
accused, if he has not lodged an answer to the articles, to put in an answer;

(d) allow the
accused to amend his answer.
(2) If either party
proposes to apply to the court to exercise any of its powers under this rule,
he shall if practicable give notice in writing to the other party and the
registrar, but the court may nonetheless exercise the said powers without
notice.
(3) If the judge
exercises his powers under this rule, he may do so on such terms, including
the adjournment of the trial, as he thinks just.
(4) If the accused
admits any offence charged by the articles or any act or omission alleged
by the articles, the judge may treat the offence or the act or omission as
proved and dispense with any evidence thereof, or may require such evidence
as he thinks fit.
(5) If the accused
has not lodged an answer and does not put in an answer under this rule, he
shall be treated as having denied the offence or offences charged by the articles.

(6) If the answer
of the accused fails to state or make clear whether he admits or denies any
offence or allegation, he shall be treated as having denied it.
17 

(1) Without prejudice
to section 28 of
the Measure (which contains provisions as to the procedure at the trial),
the following provisions of this rule shall apply with respect to the evidence
at the trial.
(2) Subject as hereinafter
provided, the evidence shall be given orally and on oath and in open court.

(3) The registrar
may, on an application by either party before the hearing, or the judge may,
on an application by either party made at the hearing, allow the evidence
of any witness to be taken before an examiner, if he is satisfied that the
witness is unable to attend at the trial by reason of illness, and allow the
depositions so taken to be given in evidence.
(4) If either party
proposes to make such an application at the hearing, he shall if practicable
give notice in writing to the other party and to the registrar, but the court
may nonetheless exercise its powers aforesaid without notice.
(5) An order for
the giving of evidence by deposition may be made on such terms as the registrar
or judge may direct.
(6) If an order is
made for the taking of evidence before an examiner—
(a) the judge
may undertake the examination himself, and shall otherwise appoint in writing
a fit person to be the examiner;
(b) the examiner
shall fix the time and place for the examination, and the registrar shall
give 7 days' notice thereof to both parties, who shall be entitled to attend;

(c) the witness
shall be subject to examination and cross-examination.
(7) The party on
whose application an order is made under this rule shall lodge the original
depositions and 5 copies thereof with the registrar and shall serve one copy
thereof on the other party.
18 

(1) If the judge
of the consistory court orders the retrial of the accused under section 29 of the Measure, rule 15 shall apply for the purpose
of selecting assessors for the retrial, and rules 16 and 17
shall apply to the proceedings at the retrial, in like manner as they apply
to the trial.
(2) Unless the judge
fixes the time and place of the retrial in the presence of the parties, the
registrar shall give not less than 14 days' notice thereof.
(3) If the judge
under the said section pronounces the accused to be acquitted of the offence
or offences of which he is charged, the pronouncement shall be reduced to
writing and copies thereof shall be given to both parties, and the registrar
shall file a copy in the registry.
19 

(1) The registrar,
as soon as he knows the composition of the episcopal committee constituted
under section 33(3)
of the Measure to enquire into the complaint, and the name of the person summoned
under section 33(4)
to sit with them and act as their assessor in matters of law, shall give notice
in writing of the names of the committee and the assessor to the complainant
and the accused.
(2) Within 14 days
after receiving the said notice, the complainant shall lodge with the registrar
the original and 5 copies of the affidavits containing the evidence which
he proposes to lay before the said committee under section 33(6) of the Measure and
5 copies of a notice in writing stating the name or names of the person or
persons, if any, whom he is proposing to call to give oral evidence at the
inquiry by virtue of the proviso to the said section 33(6), and shall serve
one copy of the affidavits and notice (if any) on the accused within the said
period or as soon as possible thereafter.
(3) The service on
the accused must be personal service and rule 58(1)
shall apply thereto.
(4) Within 14 days
after the service by the complainant of the copies of affidavits and the notice
aforesaid, the accused shall lodge with the registrar the original and 4 copies
of the affidavits containing the evidence which he proposes to lay before
the committee under the said section 33(6) and 5 copies of a notice in writing
stating the name or names of the person or persons, if any, whom he is proposing
to call to give oral evidence at the inquiry by virtue of the proviso to the
said section 33(6), and shall serve one copy of the affidavits and notice
(if any) on the complainant within the said period.
(5) No further affidavits
shall be laid before the committee, except with the leave of the registrar.

20 

(1) The said committee
shall as soon as possible fix the time and place at which the inquiry will
be held, and it shall be not less than 28 days after the notification of the
names of the committee and the assessor under the last foregoing rule, and
the registrar shall give not less than 14 days' notice in writing of the time
and place so fixed to the complainant and the accused.
(2) If it is necessary
for the inquiry to be adjourned, the committee shall fix the time and place
at which the inquiry will be resumed.
(3) Either the complainant
or the accused may apply to the registrar for a postponement of the inquiry
or, as the case may be, of the adjourned hearing and, if the application is
granted, the inquiry or hearing shall be postponed to such later time as the
committee may fix, and the registrar shall give not less than 7 days' notice
in writing to the parties of the time so fixed.
(4) The committee
may at any time of their own motion postpone the inquiry or, as the case may
be, the adjourned hearing to such later time as they may fix and the registrar
shall give not less than 7 days' notice in writing thereof to the parties.

21 

(1) Any application
to the committee under section 33(6)
of the Measure to request the attendance at the inquiry of a person making
an affidavit shall be lodged with the registrar not less than 10 days before
the day fixed for the inquiry, and any request by the committee for the attendance
of any such person shall be made in writing not less than 4 days before his
attendance is required.
(2) If the committee
of its own motion requests the attendance of any such person, the registrar
shall give notice in writing of the request to each party.
22 
The committee shall send copies of their decision
to the complainant and to the registrar, as well as to the persons to whom
they are required to send copies thereof by section 33(9)
of the Measure, and the registrar shall file his copy in the registry.
23 

(1) Subject to the
following provisions of this rule, the person nominated to promote a complaint
under section 33(7)
of the Measure shall, within 28 days after his nomination, lodge with the
registrar 6 copies of the articles charging the offence or offences specified
by the committee, together with a certificate of his nomination signed by
a member of the committee, and shall within the said period or as soon as
possible thereafter serve a copy of the said articles on the accused.The registrar shall forthwith give 5 of the copies lodged with
him to the 5 members of the Commission of Convocation appointed under section 35 of the Measure.
(2) If the promoter
wishes to apply to the said committee or commission under section 34 of the Measure for
leave to include in the articles particulars of any offence not specified
by the committee, being an offence founded on evidence disclosed in the course
of the inquiry by the committee, he shall lodge with the registrar, within
14 days after his nomination, 6 copies of an application in writing stating
the offence to be included and the evidence on which he relies, and whether
the application is to the committee or to the commission, and shall within
the said period or as soon as possible thereafter serve a copy of the application
on the accused.
(3) The registrar
shall give not less than 7 days' notice in writing to the promoter and the
accused of the time and place of the hearing of the application.
(4) If such an application
is refused by the committee, a subsequent application may be made to the commission,
and paragraphs (2) and (3) of this rule shall apply thereto, except that the
period for lodging the notice of the application shall be 7 days after the
date of the refusal of the previous application.
(5) If any application
or applications is or are made under this rule, the period within which the
articles must be lodged with the registrar shall extend to 21 days after the
date of the decision or, as the case may be, the second decision, and paragraph
(1) of this rule shall apply accordingly.
(6) The service on
the accused of a copy of the articles and of any application under this rule
must be personal service, and rule 58(1)
shall apply thereto.
24 

(1) The accused may,
within 14 days after the service on him of the articles, lodge with the registrar
6 copies of an answer to the articles and serve one copy on the complainant.
The registrar shall give 5 of the copies lodged with him to the
5 members of the Commission of Convocation.
(2) If an answer
is lodged, it shall admit or deny the offence, or if the articles specify
two or more offences, each of the offences, and may also admit or deny, or
give the accused's account or explanation of, the matters alleged in the articles
to constitute the offence or offences.
25 

(1) As soon as possible
after he has received a copy of the articles, the Dean of the Arches and Auditor
shall fix a time and place for the trial, and the time shall be not less than
28 days after the lodging of the articles.
(2) Either the promoter
or the accused may apply to the registrar for a postponement of the time fixed
for the trial and, if the application is granted, the trial shall be at such
later time as the Dean of the Arches and Auditor may fix.
(3) The Dean of the
Arches and Auditor may at any time of his own motion postpone the time fixed
for the trial.
26 

(1) The Commission
of Convocation may at the hearing, if they think that the interests of justice
so require—
(a) allow the
promoter to withdraw the articles or, if two or more offences are charged,
to withdraw the charge or charges in respect of one or some of those offences;

(b) allow the
promoter to amend the articles in any other way, but not so as to charge any
new offence;
(c) allow the
accused, if he has not lodged an answer to the articles, to put in an answer.

(d) allow the
accused to amend his answer.
(2) If either party
proposes to apply to the court to exercise any of its powers under this rule,
he shall if practicable give notice in writing to the other party and the
registrar, but the court may nonetheless exercise the said powers without
notice.
(3) If the commission
exercise their powers under this rule, they may do so on such terms, including
the adjournment of the trial, as they think just.
(4) If the accused
admits any offences charged by the articles or any act or omission alleged
by the articles, the commission may treat the offence or the act or omission
as proved and dispense with any evidence thereof, or may require such evidence
as they think fit.
(5) If the accused
has not lodged an answer and does not put in an answer under this rule, he
shall be treated as having denied the offence or offences charged with the
articles.
(6) If the answer
of the accused fails to state or make clear whether he admits or denies any
offence or allegation, he shall be treated as having denied it.
27 

(1) Without prejudice
to section 36 of
the Measure (which contains provisions as to the procedure at the trial),
the following provisions of this rule shall apply with respect to the evidence
at the trial.
(2) Subject as hereinafter
provided, the evidence shall be given orally and on oath and in open court.

(3) The registrar
may, on an application by either party before the hearing, or the commission
may, on an application by either party made at the hearing, allow the evidence
of any witness to be taken before an examiner, if the registrar or commission
is satisfied that the witness cannot attend at the trial by reason of illness,
and allow the depositions so taken to be given in evidence.
(4) If either party
proposes to make such an application at the hearing, he shall if practicable
give notice in writing to the other party and to the registrar, but the commission
may nonetheless exercise its powers aforesaid without notice.
(5) An order for
the giving of evidence by deposition may be made on such terms as the registrar
or commission may direct.
(6) If an order is
made for the taking of evidence before an examiner,—
(a) the Dean
of the Arches and Auditor may undertake the examination himself, and shall
otherwise appoint in writing a fit person to be the examiner;
(b) the examiner
shall fix the time and place for the examination, and the registrar shall
give 7 days' notice thereof to both parties who shall be entitled to attend;

(c) the witness
shall be subject to examination and cross-examination.
(7) The party on
whose application an order is made under this rule shall lodge the original
depositions and 5 copies thereof with the registrar and shall serve one copy
thereof on the other party.
28 
Where the finding is one of guilt, the censure
shall not be pronounced under section 37
of the Measure until the time for lodging a petition under rule 44 has expired or, if a petition
is lodged, until the proceedings thereon have been finally concluded.
29 
If the bishop decides under section 39
of the Measure, or the archbishop decides under section 40
of the Measure, that no further step be taken in the matter of the complaint,
he shall, in addition to the notices required by those sections to be given
to the complainant and to the accused, give written notice of his decision
to the registrar, who shall file it in the registry.
30 

(1) The registrar
shall, as soon as he knows the composition of the committee constituted under section 42(3) of the Measure to
enquire into the complaint, give notice in writing of the names of the committee
to the complainant and the accused.
(2) Within 14 days
after receiving the said notice, the complainant shall lodge with the registrar
the original and a sufficient number of copies for the registrar and the members
of the committee of the affidavits containing the evidence which he proposes
to lay before the committee under section 42(5)
of the Measure, and the same number of copies of a notice in writing stating
the name or names of the person or persons, if any, whom he is proposing to
call to give oral evidence at the inquiry by virtue of the proviso to the
said section 42(5), and shall serve one copy of the affidavits and notice
(if any) on the accused within the said period or as soon as possible thereafter.

(3) The service on
the accused must be personal service, and rule 58(1)
shall apply thereto.
(4) Within 14 days
after the service by the complainant of the copies of affidavits and the notice
aforesaid, the accused shall lodge with the registrar the original and a sufficient
number of copies as aforesaid of the affidavits containing the evidence which
he proposes to lay before the committee under the said section 33(6) and the
same number of copies of a notice in writing stating the name or names of
the person or persons, if any, whom he is proposing to call to give oral evidence
at the inquiry by virtue of the proviso to the said section 42(5), and shall
serve one copy of the affidavits and notice (if any) on the complainant within
the said period.
(5) No further affidavits
shall be laid before the committee, except with the leave of the registrar.

31 

(1) The said committee
shall as soon as possible fix the time and place at which the inquiry will
be held, and it shall be not less than 28 days after the notification of the
names of the committee under the last foregoing rule, and the registrar shall
give not less than 14 days' notice in writing of the time and place so fixed
to the complainant and the accused.
(2) If it is necessary
for the inquiry to be adjourned, the committee shall fix the time and place
at which the inquiry will be resumed.
(3) Either the complainant
or the accused may apply to the registrar for a postponement of the inquiry
or, as the case may be, of the adjourned hearing and, if the application is
granted, the inquiry or hearing shall be postponed to such later time as the
committee may fix, and the registrar shall give not less than 7 days' notice
in writing to the parties of the time so fixed.
(4) The committee
may at any time of their own motion postpone the inquiry or, as the case may
be, the adjourned hearing to such later time as they may fix and the registrar
shall give not less than 7 days' notice in writing thereof to the parties.

32 

(1) Any application
to the committee under section 42(5)
of the Measure to request the attendance at the inquiry of a person making
an affidavit shall be lodged with the registrar not less than 10 days before
the day fixed for the inquiry, and any request by the committee for the attendance
of any such person shall be made in writing not less than 4 days before his
attendance is required.
(2) If the committee
of its own motion requests the attendance of any such person, the registrar
shall give notice in writing of the request to each party.
33 
The committee shall send copies of their decision
or decisions to the complainant and to the registrar, as well as to the body
and persons to whom they are required to send copies thereof by section 42(9) of the Measure,
and the registrar shall file his copy in the registry.
34 

(1) Subject to the
following provisions of this rule, the person nominated to promote a complaint
under section 43
of the Measure shall, within 28 days after his nomination, lodge with the
registrar 11 copies of the articles charging the offence or offences specified
by the committee of inquiry, together with a certificate of his nomination
signed by the registrar of the Upper House of the Convocation of the relevant
province, and shall within the said period or as soon as possible thereafter
serve a copy of the said articles on the accused.The registrar shall forthwith give 5 of the copies lodged with
him to the 5 judges of the Court of Ecclesiastical Causes Reserved, and up
to 5 copies shall be available for the court's advisers.
(2) If the promoter
wishes to apply to the said committee or court under section 44 of the Measure for
leave to include in the articles particulars of any offence not specified
by the committee, being an offence founded on evidence disclosed in the course
of the inquiry by the committee, he shall lodge with the registrar, within
14 days after his nomination, 6 or 11 copies (according to whether the application
is to the committee or the court) of an application in writing stating the
offence to be included and the evidence on which he relies, and whether the
application is to the committee or to the court, and shall within the said
period or as soon as possible thereafter serve a copy of the application on
the accused.
(3) The registrar
shall give not less than 7 days' notice in writing to the promoter and the
accused of the time and place of the hearing of the application.
(4) If such an application
is refused by the committee, a subsequent application may be made to the court,
and paragraphs (2) and (3) of this rule shall apply thereto, except that the
period for lodging the application shall be 7 days after the date of the refusal
of the previous application.
(5) If any application
or applications is or are made under this rule, the period within which the
articles must be lodged with the registrar shall extend to 21 days after the
date of the decision or, as the case may be, the second decision, and paragraph
(1) of this rule shall apply accordingly.
(6) The service on
the accused of a copy of the articles and of any application under this rule
must be personal service, and rule 58(1)
shall apply thereto.
35 

(1) The accused may,
within 14 days after the service on him of the articles, lodge with the registrar
11 copies of an answer to the articles and serve one copy on the complainant.
The registrar shall give 5 of the copies lodged with him to the
5 judges of the said court, and up to 5 copies shall be available for the
court's advisers.
(2) If an answer
is lodged, it shall admit or deny the offence, or if the articles specify
two or more offences, each of the offences, and may also admit or deny, or
give the accused's account or explanation of, the matters alleged in the articles
to constitute the offence or offences.
36 

(1) As soon as possible
after he has received a copy of the articles, the presiding judge of the said
court shall fix a time and place for the trial, and the time shall be not
less than 28 days after the lodging of the articles.
(2) The registrar
shall, as soon as the Dean of the Arches and Auditor has selected under section 45(2) of the Measure the
advisers who are to sit with the court, give notice in writing of their names
to the promoter and the accused.
(3) Either the promoter
or the accused may apply to the registrar for a postponement of the time fixed
for the trial and, if the application is granted, the trial shall be at such
later time as the presiding judge may fix.
(4) The presiding
judge may at any time of his own motion postpone the time fixed for the trial.

37 

(1) The Court of
Ecclesiastical Causes Reserved may at the trial, if they think that the interests
of justice so require:—
(a) allow the
promoter to withdraw the articles or, if two or more offences are charged,
to withdraw the charge or charges in respect of one or some of those offences;

(b) allow the
promoter to amend the articles in any other way, but not so as to charge any
new offence;
(c) allow the
accused, if he has not lodged an answer to the articles, to put in an answer;

(d) allow the
accused to amend his answer.
(2) If either party
proposes to apply to the court to exercise any of its powers under this rule,
he shall if practicable give notice in writing to the other party and the
registrar, but the court may nonetheless exercise the said powers without
notice.
(3) If the court
exercises their powers under this rule, they may do so on such terms, including
the adjournment of the trial, as they think just.
(4) If the accused
admits any offence charged by the articles or any act or omission alleged
by the articles, the court may treat the offence or the act or omission as
proved and dispense with any evidence thereof, or may require such evidence
as they think fit.
(5) If the accused
has not lodged an answer and does not put in an answer under this rule, he
shall be treated as having denied the offence or offences charged by the articles.

(6) If the answer
of the accused fails to state or make clear whether he admits or denies any
offence or allegation, he shall be treated as having denied it.
38 

(1) Without prejudice
to section 45(1)
of the Measure (which contains provisions as to the procedure at the trial),
the following provisions of this rule shall apply with respect to the evidence
at the trial.
(2) Subject as hereinafter
provided, the evidence shall be given orally and on oath and in open court.

(3) The registrar
may, on an application by either party before the hearing, or the Court of
Ecclesiastical Causes Reserved may, on the application of either party made
at the hearing, allow the evidence of any witness to be taken before an examiner,
if the registrar or court is satisfied that the witness cannot attend at the
trial by reason of illness, and allow the depositions so taken to be given
in evidence.
(4) If either party
proposes to make such an application at the hearing, he shall if practicable
give notice in writing to the other party and to the registrar, but the court
may nonetheless exercise its powers aforesaid without notice.
(5) An order for
the giving of evidence by deposition may be made on such terms as the registrar
or court may direct.
(6) If an order is
made for the taking of evidence before an examiner—
(a) the court
shall appoint in writing a fit person to be the examiner;
(b) the examiner
shall fix the time and place for the examination, and the registrar shall
give 7 days' notice thereof to both parties, who shall be entitled to attend;

(c) the witness
shall be subject to examination and cross-examination.
(7) The party on
whose application an order is made under this rule shall lodge the original
depositions and 10 copies thereof with the registrar and shall serve one copy
thereof on the other party.
39 

(1) Where in proceedings
for an offence under the Measure the accused wishes to appeal on a question
of fact, or either party wishes to appeal on a question of law, from a judgment
of the consistory court to the Arches Court of Canterbury or, as the case
may be, the Chancery Court of York, the appeal must be lodged, in the manner
hereinafter provided, within 28 days after the decision of the consistory
court.
(2) The lodging of
an appeal shall be effected by—
(a) lodging six
copies of the notice of appeal with the registrar of the appellate court,

(b) lodging one
copy thereof with the registrar (as defined in rule 2),

(c) serving one
copy on the other party.
(3) The notice shall
be in the appropriate form set out in the Appendix
and shall state the grounds of the appeal and, if the judgment of the consistory
court comprised findings in respect of two or more offences, and the appeal
is from one or some of the findings only, shall specify the finding or findings
appealed from.
(4) Except with the
leave of the appellate court, the appellant shall not be entitled on the hearing
of the appeal to rely on any grounds not stated in the notice of appeal, whether
as originally lodged or, if amended under the next following rule, as so amended.

(5) The registrar
of the appellate court shall file one copy of the notice of appeal in the
registry of the court.
(6) As soon as he
receives his copy of the notice of appeal, the registrar (as defined in rule 2) shall transmit the record
of the proceedings, and any documents and exhibits lodged with him or in his
custody relating to the proceedings, to the registrar of the appellate court,
and shall also request the judge of the consistory court to send his note
of the trial to the registrar of the appellate court; and the parties shall
be entitled, on reasonable notice, to inspect the said record, documents,
exhibits and judge's note and to take extracts therefrom or make copies thereof.

40 

(1) The appellate
court may at the hearing, or the Dean of the Arches and Auditor may at any
time before the hearing, on an application by the appellant,—
(a) allow the
appeal to be withdrawn,
(b) allow the
notice of appeal to be amended.
(2) The terms on
which an order is made allowing amendment of the notice may include the adjournment
or postponement of the hearing.
(3) If the appellant
proposes to apply to the appellate court at the hearing to exercise its powers
under this rule, he shall if practicable give notice in writing to the respondent
and the registrar of that court, but without prejudice to the exercise of
those powers without notice.
41 

(1) The appellate
court shall fix a time for the hearing of the appeal, which shall be not less
than 28 days after the lodging of the appeal.
(2) Either the promoter
or the accused may apply to the registrar of the appellate court for a postponement
of the hearing and, if the application is granted, the hearing shall be at
such later time as the appellate court may fix.
(3) The appellate
court may at any time of its own motion postpone the hearing of the appeal.

(4) The registrar
of the appellate court shall give not less than 14 days' notice of the sittings
of the court to both parties.
42 

(1) On an appeal
brought by the accused on a question of fact, the following provisions shall
apply:—
(a) the note
of the judge of the consistory court and all documents and exhibits transmitted
under rule 39(6),
so far as material to the appeal, shall be available for use at the hearing;

(b) if a shorthand
note of the evidence at the trial has been taken, the appellate court may
require or allow it to be used at the hearing, on such terms as it may direct;

(c) the appellate
court may require or allow—
(i) any witnesses
who gave evidence for the purposes of the trial to give evidence for the purposes
of the appeal, either at the hearing or before an examiner;
(ii) any
documents or exhibits produced at the trial (in addition to those transmitted
as aforesaid) to be produced at the hearing;
(iii) 
in exceptional circumstances, new witnesses to give evidence at the hearing
or before an examiner, or other new evidence to be produced.
(2) If either party
proposes to apply to the court to exercise its powers under sub-paragraph
(b) or (c)
of the foregoing paragraph, he shall if practicable give notice in writing
to the other party and to the registrar of the appellate court, but without
prejudice to the exercise of the said powers without notice.
(3) On an appeal
brought by either party on a question of law, the provisions of paragraph
(1) of this rule shall apply to such extent as the appellate court thinks
necessary for the purpose of examining any matters of fact relevant to the
determination of the question of law, and paragraph (2) shall apply accordingly.

43 

(1) On any appeal
the appellate court shall determine the question or questions raised by the
appeal, and may thereupon confirm, reverse or vary any finding of the consistory
court against which the appeal is brought, or may remit the case with their
determination to the consistory court to take such further proceedings therein
as they may direct.
(2) The powers of
the appellate court shall include power to vary the censure or impose a censure
for any offence in respect of which they confirm, vary or make a finding of
guilt, but without prejudice to their power to remit the decision as to the
censure to the consistory court.
(3) The determination
of any matter before the appellate court shall be according to the opinion
of the majority of the members thereof.
(4) The registrar
of the appellate court shall give notice in writing to the registrar (as defined
in rule 2) of any
determination or directions made or given by the appellate court, and if the
case is remitted to the consistory court for further proceedings therein,
the judge of the consistory court shall fix a time and place for such proceedings
and rules 14(2) and (3) and 15 to 17
shall apply for the purposes of those further proceedings, with the necessary
modifications, in like manner as they apply for the purposes of the original
trial.
44 

(1) Where the accused
wishes that
(a) a finding
of any Commission of Convocation under Part V
of the Measure, or
(b) a finding
of the Court of Ecclesiastical Causes Reserved under Part VI of the Measure,should be reviewed on a question of fact by a Commission of Review,
or where either party wishes that any such finding should be reviewed on a
question of law by a Commission of Review, the petition must be lodged, in
the manner hereinafter provided, within 28 days after the finding to which
the petition relates.
(2) The lodging of
a petition shall be effected by—
(a) lodging six
copies thereof with the Clerk to the Crown in Chancery,
(b) lodging one
copy thereof with the registrar,
(c) serving one
copy on the other party.
(3) The petition
shall be in the appropriate form set out in the Appendix
and shall state the grounds of the petition, and if the judgment of the Commission
of Convocation or Court of Ecclesiastical Causes Reserved comprised findings
in respect of two or more offences, and the petition only relates to one or
some of those findings, shall specify the finding or findings concerned.
(4) Except with the
leave of the Commission of Review, the petitioner shall not be entitled on
the hearing of the petition to rely on any grounds not stated in the petition,
whether as originally lodged or, if amended under the next following rule,
as so amended.
(5) As soon as a
petition under this rule has been lodged, the Clerk to the Crown in Chancery
shall appoint a person to be the registrar of the Commission of Review, and
shall hand over the six copies of the petition to the registrar so appointed,
who shall file one of them.
(6) As soon as he
receives his copy of the petition, the registrar (as defined in rule 2) shall transmit the record
of the proceedings, and any documents and exhibits lodged with him or in his
custody relating to the proceedings, to the registrar of the Commission of
Review, and shall also request the judge who presided at the trial to send
his note of the trial to the latter registrar; and the parties shall be entitled,
on reasonable notice, to inspect the said record, documents, exhibits and
judge's note and to take extracts therefrom or make copies thereof.
(7) The registrar
of the Commission of Review shall notify to both parties the names of the
members of the Commission and, in a case involving a question of doctrine,
the persons selected under section 48(3)
of the Measure to sit with the Commissioners as advisers.
45 

(1) The Commission
of Review may at the hearing, or the presiding judge may at any time before
the hearing, on an application by the petitioner,—
(a) by order
allow the petition to be withdrawn,
(b) by order
allow the petition to be amended.
(2) The terms on
which an order is made allowing amendment of a petition may include the adjournment
or postponement of the hearing.
(3) If the petitioner
proposes to apply to the Commission of Review at the hearing to exercise its
powers under this rule, he shall if practicable give notice in writing to
the respondent and the registrar of the Commission, but without prejudice
to the exercise of those powers without notice.
46 

(1) The Commission
of Review shall fix a time for the hearing of the petition, which shall be
not less than 28 days after the lodging of the petition.
(2) Either the promoter
or the accused may apply to the registrar of the Commission for a postponement
of the hearing and, if the application is granted, the hearing shall be at
such later time as the Commission may fix.
(3) The Commission
may at any time of its own motion postpone the hearing of the petition.
(4) The registrar
of the Commission shall give not less than 14 days' notice of the sittings
of the court to both parties.
47 

(1) On a review on
a question of fact, the following provisions shall apply:—
(a) the note
of the judge who presided at the trial and all documents and exhibits transmitted
under rule 44(6),
so far as material to the review, shall be available for use at the hearing;

(b) if a shorthand
note of the evidence at the trial has been taken, the Commission of Review
may require or allow it to be used at the hearing, on such terms as it may
direct;
(c) the Commission
of Review may require or allow—
(i) any witnesses
who gave evidence for the purposes of the trial to give evidence for the purposes
of the review, either at the hearing or before an examiner;
(ii) any
documents or exhibits produced at the trial (in addition to those transmitted
as aforesaid) to be produced at the hearing;
(iii) 
in exceptional circumstances, new witnesses to give evidence at the hearing
or before an examiner, or other new evidence to be produced.
(2) If either party
proposes to apply to the Commission to exercise its powers under sub-paragraph
(b) or (c)
of the foregoing paragraph, he shall if practicable give notice in writing
to the other party and to the registrar of the Commission, but without prejudice
to the exercise of the said powers without notice.
(3) On a review of
a question of law, the provisions of paragraph (1) of this rule shall apply
to such extent as the Commission of Review thinks necessary for the purpose
of examining any matters of fact relevant to the determination of a question
of law, and paragraph (2) shall apply accordingly.
48 

(1) On any review
the Commission of Review shall determine the question or questions raised
by the petition, and may thereupon confirm, reverse or vary any finding of
the Commission of Convocation or the Court of Ecclesiastical Causes Reserved,
as the case may be, against which the petition is brought, or may remit the
case with their determination to the latter commission or court to take such
further proceedings therein as the Commission of Review may direct:Provided that, if the
review is of a finding of a Commission of Convocation, the Commission of Review
shall not make a finding of guilt (whether by way of variation or reversal
of the finding reviewed), but shall exercise instead their power of remitting
the case to the Commission of Convocation with their determination and directions
thereon.
(2) Where the review
is of a finding of the Court of Ecclesiastical Causes Reserved, the powers
of the Commission of Review shall include power to vary the censure or impose
a censure for any offence in respect of which they confirm, vary or make a
finding of guilt, but without prejudice to their power to remit the decision
as to the censure to the said court.
(3) The Registrar
of the Commission of Review shall give notice in writing to the registrar
(as defined in rule 2)
of any determination or directions made or given by the Commission of Review,
and if the case is remitted to the Commission of Convocation or, as the case
may be, the Court of Ecclesiastical Causes Reserved for further proceedings
therein, the Dean of the Arches and Auditor or, as the case may be, the presiding
judge of the said court shall fix a time and place for such proceedings, and rules 25(2) and (3), 26 and 27 or, as
the case may be, rules 36(2) to (4), 37 and 38
shall apply for the purposes of those further proceedings, with the necessary
modifications, in like manner as they apply for the purposes of the original
trial.
49 

(1) The notice which
a bishop is required by the proviso to section 50
of the Measure to serve on a priest or deacon of his intention to depose him
from Holy Orders shall be in the form set out in the Appendix.
(2) After the said
notice has been served, the bishop shall fix a time, not less than one month
after the service of the notice, and a place for the sentence of deposition
to be pronounced:Provided that, if there
is an appeal under the said proviso, and the deposition is accordingly only
to be proceeded with in the event of the appeal being dismissed, the bishop
shall (in that event) fix a time for the sentence of deposition to be pronounced
not less than fourteen days after the dismissal of the appeal.
(3) The registrar
shall give the priest or deacon concerned not less than fourteen days notice
of the time and place fixed for the pronouncement of the sentence of deposition.

50 

(1) If the priest
or deacon concerned wishes to appeal to the archbishop under the said proviso,
three copies of the notice of appeal must be lodged within the period mentioned
in the said proviso (one month from the date of the bishop's notice of intention
aforesaid), with the registrar of the relevant province,
(2) The notice shall
be in the form set out in the Appendix,
and shall specify the grounds of the appeal and contain a prayer that the
sentence of deposition be not delivered.
(3) The registrar
shall file one copy of the notice of appeal in the registry of the province,
and shall give one copy to the archbishop to whom the appeal is addressed,
and shall send the remaining copy to the registrar of the diocese, who shall
inform the bishop thereof.
(4) On receipt of
a copy of the notice of appeal, the registrar of the diocese shall forthwith
transmit the record of the case (including a copy of the bishop's notice referred
to in the last foregoing rule) to the registrar of the province, who shall
place it before the archbishop to whom the appeal is addressed.
(5) The appeal shall
be heard at such time and place as the archbishop may fix, and the registrar
of the province shall give to the priest or deacon concerned not less than
14 days' notice of the time and place so fixed.
(6) The defendant
may either appear in person at the hearing of the appeal or be represented
by solicitor or counsel.
(7) If the archbishop
does not declare his decision at the conclusion of the hearing of the appeal,
he shall fix a time and place for that purpose, and the registrar of the province
shall give the priest or deacon concerned not less than 3 days' notice thereof.

(8) The registrar
of the province shall give notice in writing of the decision to the priest
or deacon concerned and to the registrar of the diocese, who shall record
the decision in the registry and inform the bishop of the diocese.
51 
The notice which is required by the proviso
to section 51 of
the Measure to be served on a bishop or archbishop before a resolution is
moved in the Upper House of Convocation of the relevant province to depose
him from Holy Orders shall be in the form set out in the Appendix.
52 

(1) Where under section 55 or section 56 of the
Measure—
(a) a bishop
has a duty to declare a priest or deacon to be deprived of a preferment and
to be disqualified from holding preferment, in consequence of such a conviction,
order or finding of a secular court as is mentioned in subsection (1) of the said section
55, or has power to make such a declaration in consequence of such an order
as is mentioned in subsection (3)
of the said section; or
(b) an archbishop
has a duty to make such a declaration under subsection (2)
of the said section in default of a bishop discharging his duty under the
said subsection (1); or
(c) an archbishop
has a duty under section 56
of the Measure to make such a declaration in respect of a bishop or archbishop
in consequence of any such conviction, order or finding as is mentioned in
the said subsection (1) or subsection (3);the bishop or archbishop shall, before making the declaration,
require the registrar of his diocese or province to give not less than 14
days' notice in writing to the priest, deacon, bishop or archbishop in respect
of whom the declaration is to be made of the time and place at which the declaration
will be made, and the person so notified shall be entitled to be present when
the declaration is made.
(2) The bishop or
archbishop shall be attended by the registrar of his diocese or province when
making any such declaration, and the declaration shall be reduced to writing
and a copy thereof shall be filed by the registrar in the registry.
(3) Where, in consequence
of any such declaration, the provisions of the Measure relating to deposition
from Holy Orders apply by virtue of section 57
of the Measure, the last 3 foregoing rules shall also apply.
(4) The certificate
of a conviction, finding or order of a temporal court which the court is required
to send to the bishop of the diocese by Section 79(3)
of the Measure shall be signed by the registrar, clerk or other proper officer
of the court.
53 

(1) No party shall
be entitled to recover any costs of or incidental to proceedings for an offence
under the Measure except under an order made by a court, commission, committee
or examiner under section 60(2)
of the Measure.
(2) In the case of
an appeal or a petition for review, the costs of the proceedings giving rise
to the appeal or petition, as well as the costs of the appeal or petition,
may be dealt with by the court or commission hearing the appeal or petition.

54 

(1) Where an order
is made as aforesaid for the payment of taxed costs, they shall be taxed by
the registrar, who shall have power to require the attendance of witnesses
and the production of documents, so far as necessary for the discharge of
his functions.
(2) Proceedings for
the taxation of costs shall be commenced by—
(a) lodging with
the registrar an application in writing, together with the bill of costs and
all necessary papers and vouchers;
(b) serving on
the other party a copy of the application and of the bill of costs.
(3) The registrar
shall thereupon fix a day for the taxation, and shall give not less than 7
days' notice thereof to both parties.
(4) If the party
other than the applicant does not attend at the time and place so fixed, the
registrar, if satisfied that he had due notice thereof, may proceed with the
taxation.
(5) The registrar,
in deciding the amount of costs to be allowed, shall have regard to the current
scale of costs applicable to a taxation on a party and party basis in the
High Court.
55 

(1) Any party to
proceedings for an offence under the Measure, or his solicitor, may apply
to the registrar to tax the costs of or incidental to the proceedings as between
solicitor and client, and paragraphs (2), (3) and (4)
of the last foregoing rule shall apply, with necessary modifications, to such
taxation.
(2) In taxing such
costs the registrar shall have regard to the practice applicable in the High
Court to the taxation of costs as between solicitor and client.
56 

(1) Any party to
taxation proceedings who is dissatisfied with any decision of the registrar,
may apply for it to be reviewed by the judge.
(2) The application
for a review must be made in writing within 7 days after the decision, and
shall set out the grounds of the objection and shall be lodged with the registrar,
and a copy thereof served on the other party.
(3) The judge shall
fix the time and place of the review, and shall require the registrar to give
both parties not less than 3 days' notice thereof.
(4) Unless the judge
otherwise directs, no further evidence shall be received on the hearing of
the application, and no ground of objection shall be raised which was not
set out in the application but, save as aforesaid, the judge may exercise
all such powers and discretion as are vested in the registrar.
(5) In this rule “judge”
means— 
(a) in a case where the taxation was by the registrar of
a diocese, the judge of the consistory court of that diocese;

(b) 
in any other case, the Dean of the Arches and Auditor or a deputy nominated
by him for the purpose.
57 
An examiner, committee, court or commission may proceed with an
inquiry, trial, appeal or review, as the case may be, in respect of an offence
under the Measure, notwithstanding that the accused does not appear and is
not represented at the hearing, if the examiner, committee, court or commission
is satisfied by affidavit or oral evidence that the accused was duly served
in accordance with these rules (including the provision for substituted service)
with the complaint and all other documents required to be served on him.
58 

(1) Where any of
these rules requires the service of any document on the accused to be personal
service, service shall be effected by leaving a copy of the document with
the accused personally, and an affidavit of such service shall be lodged with
the registrar within three days after it has been effected:Provided that—

(a) 
if service of the document is acknowledged in writing by the accused or his
solicitor, and a copy of the acknowledgment is lodged with the registrar,
the document shall be deemed to have been personally served on the accused;

(b) 
if, on an application made in writing to the registrar supported by affidavit,
the registrar is satisfied that it is impracticable to serve the document
personally, the registrar may grant leave to effect substituted service, that
is to say, to take such steps as the registrar may direct to bring the document
to the notice of the person to be served, and the substituted service shall
be deemed to be personal service.
(2) Service of any
document, not being a document which by virtue of any of these rules is required
to be served personally, may be effected:—
(a) by leaving
the document at the proper address of the person to be served, or
(b) by sending
it by the recorded delivery service to that address, or
(c) in such other
manner as the registrar may direct.
(3) An affidavit
of service, whether it be personal service or service under the last foregoing
paragraph, must state by whom the document was served, the date on which it
was served, and where and how it was served.
(4) For the purposes
of this rule, and of section 26 of the Interpretation Act 1889
(as applied by the Interpretation Measure 1925)
in its application to this rule, the proper address of any person on whom
the document is to be served under this rule shall be the address for service
of that person, but if at the time when service is effected that person has
no address for service, his proper address for the purposes aforesaid shall
be—
(a) the business
address of the solicitor (if any) who is acting for him in the proceedings,
or
(b) his usual
or last known address.
(5) Where a complaint
is laid by a number of persons, the service of one copy of a document at the
address for service specified in the complaint shall be deemed to be service
on all those persons.
59 
Any document required by these rules to be
lodged with a registrar may be lodged by delivering the document at the office
of the registrar, or by sending it by post properly addressed to the registrar
at his office.
60 

(1) This rule applies
to all applications to the registrar except applications for taxation of costs
(for which provision is made by rule 54)
and applications for substituted service, and applies also to applications
made to the Dean of the Arches and Auditor under rule 40
or to the presiding judge of a Commission of Review under rule 45.
(2) All applications
shall be in writing and shall be lodged with the registrar, and a copy thereof
shall be served on the other party.
(3) The registrar
may grant any application made to him, without a hearing, if there is lodged
with the application a consent in writing signed by the other party or his
solicitor, or if the registrar is otherwise satisfied that the other party
does not oppose the application.
(4) In any other
case, including an application made to the Dean of Arches and Auditor or the
presiding judge as aforesaid, the registrar shall fix a time and place for
the hearing thereof, and shall give not less than 3 days' notice in writing
of the time and place to both parties.
(5) Any application
granted under these rules may be granted on such terms as the person or body
granting the application may think just.
(6) Either party
may appeal from a decision of the registrar—
(a) on an application
made before the conclusion of the inquiry into the complaint, to the examiner
or committee of inquiry, as the case may be;
(b) in any other
case to the judge;and the notice of appeal must be lodged with the registrar within
7 days after the decision, and the registrar shall fix the time and place
of the hearing of the appeal and give not less than 3 days' notice thereof
in writing to both parties.
(7) In this rule—

 “the registrar” means, in relation to proceedings on an appeal to the Arches Court of
Canterbury or the Chancery Court of York, or on a petition to a Commission
of Review, the registrar of the Court or Commission;
 “the judge” means— 
(a) in relation to proceedings before the consistory court,
the judge of that court;
(b) in relation to proceedings before a commission of convocation,
the Dean of the Arches and Auditor;
(c) in relation to proceedings before the Court of Ecclesiastical Causes
Reserved, such one of the two judges other than bishops as may be agreed between
them;
(d) in relation to proceedings on an appeal to the Arches Court of
Canterbury or the Chancery Court of York, the Dean of the Arches and Auditor;
and
(e) in relation to proceedings on a petition to a Commission of Review,
the presiding judge of that Commission.
61 

(1) At the hearing
of any interlocutory application under these rules made before the conclusion
of the inquiry into the complaint, either party may appear in person or, if
he so desires, be assisted or represented by a friend or adviser.
(2) In any subsequent
proceedings either party may appear in person or be represented by counsel
or solicitor.
62 

(1) Either party
to proceedings under the Measure in the consistory court, commission of convocation
or Court of Ecclesiastical Causes Reserved, may apply to the registrar for
an order—
(a) requiring
the other party to produce for the applicant's inspection any document specified
in the application, and to allow the applicant to take copies thereof;
(b) requiring
the other party or any other person to produce at the trial any document so
specified;
(c) requiring
the attendance of any person for the purpose of giving evidence at the trial.

(2) At the trial
of any such proceedings, or at the hearing of any appeal or petition in respect
of such proceedings, the court or commission shall have power, whether on
the application of either party or on its own motion, to make any such order
as is mentioned in the foregoing paragraph.
(3) Where in any
such proceedings, or in any proceedings on an appeal to the Arches Court of
Canterbury or the Chancery Court of York or on a petition to a Commission
of the Review, the court or commission orders the taking of the evidence of
any person before an examiner, either party may apply to the registrar (including
the registrar of the appellate court or the Commission of Review) for an order
requiring the attendance of that person before the examiner.
(4) An order made
under paragraph (1)(a) of this rule shall
specify the period within which it is to be complied with, and it shall be
the duty of the party to whom it is addressed to give notice to the applicant
of the time and place at which the document or documents will be produced
for inspection and copying.
(5) If an order made
under this rule is addressed to a party, and was not made at a hearing attended
by that party, the applicant for the order shall serve a copy of it on that
party.
(6) The applicant
shall serve a copy of any order made under this rule and addressed to a person
other than a party, on that person, and shall give him not less than 3 days'
notice in writing of the time and place at which his attendance is required,
or at which he is required to produce any document.
63 
Where any act is required by these rules to
be done by the complainant or the promoter or the accused within a specified
period, he may apply to the registrar for an enlargement or abridgement of
that period and an application for enlargement may be made notwithstanding
that the period has expired.
64 

(1) Where any act
is required by these rules to be done within a specified period after a specified
date or event, the period shall begin immediately after that date or, as the
case may be, immediately after the day on which that event occurred.
(2) Where these rules
require not less than a specified number of days' notice to be given of any
proceeding, at least that number of days must intervene between the day on
which the notice is served and the day fixed for that proceeding.
(3) Where these rules
require the time fixed for any proceeding to be not less than a specified
number of days after a specified event, at least that number of days must
intervene between the day on which the event occurred and the day fixed for
the proceeding.
(4) In calculating,
for the purposes of these rules, any period or number of days not exceeding
7 days, any Saturday, Sunday or Bank Holiday shall be disregarded.In this paragraph “Bank Holiday” means a day which is, or is to be observed as, a Bank Holiday, or a holiday,
under the Bank Holidays Act 1871
or the Holidays Extension Act 1875,
in England and Wales, and includes Christmas Day and Good Friday.

65 
Non-compliance with any of these rules shall
not render any proceedings void unless the court or commission before whom
the proceedings are pending when the irregularity is discovered so directs,
but the proceedings may be set aside, either wholly or in part, as irregular,
or may be amended or otherwise dealt with in such manner and upon such terms
as the court thinks fit.
For the purposes of this rule
all proceedings up to the trial shall be deemed to be pending in the trial
court or commission.
66 
Subject to any rule expressly requiring a document
to be in the form set out in the Appendix,
the forms in the Appendix
shall be used where applicable and where they are not applicable forms of
the like character, with such variations as circumstances may require, shall
be used.
Dated the second day of October 1964.
J. R. Cumming Bruce
G. W. O. Addleshaw
D. M. M. Carey
Gerald Cestr
R. H. Mais
L. H. Orford
J. S. Widdows
Henry Willink
Approved by the Church Assembly the third day of November 1964.

John Guillum Scott
Secretary

APPENDIX
No. 1
No. 2
Rule 3(2)
No. 3
Rule 3(4)
No. 4
Rule 3(5)
No. 5
Rule 3(6)
No. 6
Rule 3(7)
No. 7
Rule 4(3)
No. 8
Rule 9(1)
No. 9
Rule 9(1)
No. 10
Rule 11(1)
No. 11
Rule 12(1)
No. 12
Rule 12(1)
No. 13
Rule 12(2)
No. 14
Rule 15(2) and (4)
No. 15
Rule 15(4)
No. 16
Rule 16(2)
No. 17
Rule 16(2)
No. 18
Rule 17(3)
No. 19
Rule 17(3) and (4)
No. 20
Rule 21(1)
No. 21
Rule 21(1)
No. 22
Rule 23(1)
No. 23
Rule 23(1)
No. 24
Rule 23(2)
No. 25
Rule 26(2)
No. 26
Rule 26(2)
No. 27
Rule 27(3)
No. 28
Rule 27(3) and (4)
No. 29
Rule 32(1)
No. 30
Rule 32(1)
No. 31
Rule 34(1)
No. 32
Rule 34(1)
No. 33
Rule 34(2)
No. 34
Rule 37(2)
No. 35
Rule 37(2)
No. 36
Rule 38(3)
No. 37
Rule 38(3) and (4)
No. 38
Rule 39(3)
No. 39
Rule 39(3)
No. 40
Rule 40(3)
No. 41
Rule 42(2)
No. 42
Rule 44(3)
No. 43
Rule 44(3)
No. 44
Rule 44(3)
No. 45
Rule 44(3)
No. 46
Rule 45(3)
No. 47
Rule 47(2)
No. 48
Rule 49(1)
No. 49
Rule 50(2)
No. 50
Rule 51
No. 51
Rule 54(2)
No. 52
Rule 56(2)
No. 53
Rule 58(1)
No. 54
Rule 58(1)(a)
No. 55
Rule 58(1)(b)
No. 56
Rule 58(3)
No. 57
Rule 60(2)
No. 58
Rule 60(6)
No. 59
Rule 62(1)(a)
No. 60
Rule 62(1)(b)
No. 61
Rule 62(1)(b)
No. 62
Rule 62(1)(c)