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Ecclesiastical Jurisdiction Measure 1963
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- 1963 No. 1
- Part XII
- Section 81
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- s. 81 applied (with modifications) by 2003 No. 3 s. 35(1)
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- Measure applied by 2011 No. 3 s. 34(9)
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- Pt. 9 repealed by 2003 No. 3 Sch. 2
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Commencement Orders bringing legislation that affects this Measure into force:
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- 2005 No. 6 Instrument made by Archbishops commences (2003 No. 3)
- 2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)
- 2010 No. 2 art. 3 Sch. 2 commences (2010 No. 1)
- 2012 No. 1 art. 2 commences (2011 No. 3)
81 Evidence and general powers and rights of courts and commissions.E
(1)Any court or commission established under this Measure [F1and the Vicar-General’s Court of each of the provinces of Canterbury and York] shall have the same powers as the High Court in relation to the attendance and examination of witnesses and the production and inspection of documents.
[F2(2)If any person does or omits to do anything in connection with proceedings before, or with an order made by, such court or commission [F3or Vicar-General’s court] which is in contempt of that court or commission by virtue of any enactment or which would, if the court or commission had been a court of law having power to commit for contempt, have been in contempt of that court, the judge or presiding judge of the court or the presiding member of the commission, as the case may be, may certify the act or omission under his hand to the High Court.
(3)On receiving a certificate under subsection (2) above the High Court may thereupon inquire into the alleged act or omission and after hearing any witnesses who may be produced against or on behalf of the person who is the subject of the allegation, and after hearing any statement that may be offered in defence, exercise the same jurisdiction and powers as if that person had been guilty of contempt of the High Court.
(4)In this section “order” includes a special citation under [F4section 13(2) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 or section 6(1) of the Care of Cathedrals (Supplementary Provisions) Measure 1994 and an injunction under section 13(4) of the former Measure or section 6(3) of the latter Measure].]
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Amendments (Textual)
F1Words in s. 81(1) inserted (1.10.1994) by 1994 No. 2, s. 8, Sch. para. 8(a);Instrument dated 25.7.1994 made by Archbishops of Canterbury and York
F2S. 81(2)-(4) substituted (1.3.1993) for s. 81(2)(3) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 11 (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F3Words in s. 81(2) inserted (1.10.1994) by 1994 No. 2, s. 8, Sch. para. 8(b); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York
F4Words in s. 81(4) inserted (1.10.1994) by virtue of 1994 No. 2, s. 8, Sch. para. 8(c); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York
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