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Version Superseded: 19/05/2014
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(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.]
(2)A person appointed to be chancellor of a diocese shall be at least thirty years old and either a [F2person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,]or a person [F3[F4 who ] holds or has held high judicial office or the office of circuit judge], and, before appointing a layman, the bishop shall satisfy himself that the person to be appointed is a communicant.
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subject to the provisions of [F6subsections (3) and (4A) of this section], the appointment of a person to be chancellor of a diocese shall be [F7for the period beginning with the date of the appointment and ending with the date on which he attains the age [F8 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.
[F9(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 [F8 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.]
[F10( 4A )Where the bishop of a diocese considers that there are special circumstances which make 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), he may from time to time authorise the continuance in office of the chancellor after that date for such period or further periods, not exceeding one year in all, as he may specify.]
(5)The chancellor of a diocese shall, before he enters on the execution of his office,—
(a) take F11 . . ., 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; . . . F12
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
and the diocesan registrar shall record the taking F11 . . . of the said oaths . . . F12
Textual Amendments
F1 S. 2(1A) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8) , s. 8(1) , Sch. 4 para. 2(a) (with s. 31(6) ); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F2 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37) , s. 71(2) , Sch. 10 para. 17
F3 Words in s. 2(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(2), 16(2); S.I. 2006/2, Instrument made by Archbishops
F4 Word in s. 2(2) inserted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 5(1)(a), 13(2); S.I. 2010/2, art. 3, Sch. 2
F5 S. 2(3) repealed (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1) , s. 17(2) , Sch. 4 Pt. II ; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York .
F6 Words in s. 2(4) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8) , s. 8(1) , Sch. 4 para. 2(c)(i) (with s. 31(6) ); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F7 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
F8 Words in s. 2(4) substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 5(1)(b), 13(2) (with s. 5(2)); S.I. 2010/2, art. 3, Sch. 2
F9 S. 2(4)( c ) added by Ecclesiastical Judges and Legal Officers Measure 1976 (No. 2) , s. 1(1)
F10 S. 2(4A) substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 5(1)(c) , 13(2) (with s. 5(2)); S.I. 2010/2, art. 3, Sch. 2
F11 Words in s. 2(5) repealed (1.9.1995) by 1995 No. 2 , s. 9(a) ; Instrument dated 26.7.1995 made by Archbishops of Canterbury and York
F12 Word repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3) , Sch. 2
F13 S. 2(5)( b ) repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3) , Sch. 2
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