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Ecclesiastical Jurisdiction Measure 1963

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2 Judge of consistory court.E

(1)Subject to the following provisions of this Measure, the consistory court of a diocese shall be presided over by a single judge who shall be styled the chancellor of the diocese or, in the case of the diocese of Canterbury, the commissary general, and appointed by the bishop thereof by letters patent.

F1 [( 1A )Before appointing a person to be chancellor of a diocese the bishop shall consult the Lord Chancellor and the Dean of the Arches and Auditor.]

[F2(2)A person appointed to be chancellor of a diocese shall be a person —

(a)who holds or has held high judicial office or the office of Circuit judge, or

(b)has the qualifications required for a person to be appointed a Circuit judge,

and, before appointing a layman, the bishop shall satisfy himself that that person is a communicant.]

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to the provisions of [F4subsections (3) and (4A) [F5to (4C)] of this section], the appointment of a person to be chancellor of a diocese shall be [F6for the period beginning with the date of the appointment and ending with the date on which he attains the age [F7 of seventy years ]], but he—

(a)may resign his office by instrument in writing under his hand addressed to, and served on, the bishop of the diocese;

(b)may be removed by that bishop if the Upper House of the Convocation of the relevant province resolves that he is incapable of acting or unfit to act.

[F8(c)may continue to act as chancellor for the purpose of any proceedings or cause of faculty in the consistory court of the diocese during the course of which he attains the age [F7 of seventy years ] as if the date of the conclusion in that court of those proceedings or that cause, as the case may be, were the date on which he attains that age.]

[F9(4A)Where the bishop of a diocese considers it desirable in the interests of the diocese to retain the chancellor of the diocese in office after the date on which he would otherwise retire in accordance with subsection (4) above, he may authorise the continuance in office of the chancellor after that date for a period of up to 2 years.

(4B)The bishop may authorise the further continuance in office of a chancellor for periods of up to 1 year at a time.

(4C)The period during which a chancellor remains in office shall not be continued under subsection (4A) or (4B) above beyond the date at which the chancellor attains the age of 75 years.

(4D)Before authorising any period of continuance in office of a chancellor under subsection (4A) or (4B), the bishop shall consult the Dean of the Arches and Auditor.]

(5)The chancellor of a diocese shall, before he enters on the execution of his office,—

(a) take F10 . . ., either before the bishop of the diocese in the presence of the diocesan registrar, or in open court in the presence of that registrar, the oaths set out in Part I of the First Schedule to this Measure; . . . F11

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

and the diocesan registrar shall record the taking F10 . . . of the said oaths . . . F11

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Amendments (Textual)

F6 Words substituted by Ecclesiastical Judges and Legal Offices Measure 1976 (No. 2) , s. 1(1)(3) except in relation to a person who holds the office of chancellor of a diocese, or, in the case of the diocese of Canterbury, commissary general on 25.4.1976

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