Ecclesiastical Jurisdiction Measure 1963

Part XI E Rule Committee

64 The Rule Committee. E

(1) There shall be a Rule Committee which shall consist of the following persons, namely:—

• The Lord Chancellor, who shall be the Chairman of the Committee;

• The Archbishop of Canterbury or a member of the Upper House of the Convocation of his Province appointed by him;

• The Archbishop of York or a member of the Upper House of the Convocation of his Province appointed by him;

• Two persons appointed by the Lord Chancellor of whom at least one shall hold, or have held, high judicial office;

• The Dean of the Arches and Auditor;

• The Prolocutor of the Lower House of the Convocation of Canterbury or a member of that House appointed by him;

• The Prolocutor of the Lower House of the Convocation of York or a member of that House appointed by him;

• The provincial registrars of the provinces of Canterbury and York;

• One chancellor and one diocesan registrar from each province to be appointed by the archbishop of that province.

(2) Any five members of the Rule Committee, one of whom shall be the Lord Chancellor or one of the persons appointed by him, may exercise all the powers of the Rule Committee.

(3) In the absence of the Lord Chancellor from any meeting of the Rule Committee, the chair shall be taken by a person who holds or has held high judicial office appointed a member of the Committee by the Lord Chancellor.

65 Functions of the Rule Committee. E

(1) Subject to the provisions of this Measure the Rule Committee may make rules for carrying this Measure into effect and for all matters not otherwise provided for, incidental to or connected with the administration of justice under this Measure and in particular for regulating (so far as the same are not regulated by this Measure [F1 or by rules made under section 4 of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988.])—

(a) the procedure and practice of all courts, commissions, committees and examiners provided for in this Measure including courts of appellate jurisdiction (so far as rules made by the Judicial Committee of the Privy Council do not extend);

(b) the appointment and duties of officers of the said courts, commissions and committees;

(c) the time within which any act required or permitted to be performed by this Measure is to be performed;

(d) matters relating to the appointment of authorised complainants and prosecutors in connection with proceedings or contemplated proceedings under this Measure;

(e) the forms of complaint instituting proceedings under this Measure and of any answers to be made thereto;

(f) all other forms and notices required in connection with this Measure;

(g) the mode of effecting service of complaints, articles or other documents including provision for substituted service;

(h) the fixing of the time and place of any hearing or trial and for notifying the parties thereof; and

(i) the passing of censures and the forms of certificates of findings;

(j) matters relating to costs, fees and expenses in respect of any proceedings under this Measure.

(2) Every rule purporting to be made in pursuance of this section shall be laid before the [F2 General Synod], and shall not come into operation until it has been approved by the [F2 General Synod].

(3) The M1 Statutory Instruments Act 1946 shall apply to any Rules approved by the [F2 General Synod] under the last foregoing subsection as if they were Statutory Instruments and were made when so approved, and as if this Measure were an Act providing that any such Rules should be subject to annulment in pursuance of a Resolution of either House of Parliament.

(4) Pending the making by the Rule Committee of rules to regulate the procedure of any consistory court or of the Arches Court of Canterbury or the Chancery Court of York and subject thereto, the rules regulating the procedure of those courts immediately before the commencement of this Measure shall continue in full force and effect.

Textual Amendments

F1 Words inserted by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 14(1), Sch. 2 para. 2

F2 Words substituted by virtue of Synodical Government Measure 1969 (No. 2), s. 2(2)

Marginal Citations

M1 1946 c. 36.