Ecclesiastical Jurisdiction Measure 1963

6 Jurisdiction of the consistory court. E

(1) Subject to the provisions of the following subsection the consistory court of a diocese has original jurisdiction to hear and determine—

(a) proceedings upon articles charging an offence under this Measure committed by a priest or deacon who when the offence was alleged to have been committed or when the proceedings were instituted, held preferment in the diocese or resided therein, not being an offence involving matter of doctrine, ritual or ceremonial;

(b) a cause of faculty for authorising—

(i) any act relating to land within the diocese, or to anything on or in such land, being an act for the doing of which the decree of a faculty is requisite;

(ii) the sale of books comprised in a library within the diocese, being a library to which the M1 Parochial Libraries Act 1708 applies;

[F1 (bb) proceedings for an injunction or restoration order under section 13 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;]

(c) proceedings upon anyjus patronatusawarded by the bishop of the diocese;

(d) proceedings for the recovery of any penalty or forfeiture incurred under section thirty-two . . . F2 of the M2 Pluralities Act 1838 in relation to a benefice in the diocese or under section twenty-eight of that Act by a spiritual person holding a benefice in the diocese, any proceedings in respect of an offence committed under section twenty-nine of that Act by a person who holds any cathedral preferment, benefice, curacy or lectureship in the diocese or is licensed or otherwise allowed to perform duties therein and any proceedings consequent upon the return into the court of a monition in pursuance of section one hundred and twelve of that Act;

(e) any proceedings (other than as aforesaid) which, immediately before the passing of this Measure, it had power to hear and determine, not being proceedings jurisdiction to hear and determine which is expressly abolished by this Measure.

(2) Nothing contained in the foregoing subsection shall extend, or be construed as extending, the jurisdiction of the consistory court in faculty matters to any land or to anything on or in such land in respect of which such court had no jurisdiction immediately before the passing of this Measure.

Textual Amendments

F1 S. 6(1)(bb) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para.5 (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York

F2 Words repealed by Repairs of Benefice Buildings Measure 1972 (No. 2), Sch. 2

Marginal Citations

M1 1708 c. 14.

M2 1838 c. 106.