Modifications etc. (not altering text)
C1Sch. 4 applied (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), ss. 41, 48(2) (with s. 47); 2005 No. 6, Instrument made by Archbishops
C2Sch. 4 applied (1.1.2010) by The Ecclesiastical Offices (Terms of Service) Regulations 2009 (S.I. 2009/2108), regs. 1, 30(4)
C3Sch. 4 applied (with modifications) (1.1.2010) by The Ecclesiastical Offices (Terms of Service) Regulations 2009 (S.I. 2009/2108), regs. 1, 30(2)(6)
15(1)For the purposes of this Schedule there shall be an Appeal Tribunal for each of the Provinces of Canterbury and York, which shall be constituted as follows:—E
(a)The Dean of the Arches and Auditor shall be the chairman and the Vicar-General of each of the Provinces of Canterbury and York shall be deputy chairmen and one or other of the three (but not more than one) shall sit on each appeal and shall preside:
Provided that if none of the three is available to preside over an appeal, a chancellor of a diocese nominated by the Dean of the Arches and Auditor or, in his absence or illness, by the Vicar-General of the Province concerned shall preside over the appeal.
(b)A panel of twelve persons shall be appointed [F1from among the members of the Lower House of the Convocation of the Province concerned by, in the case of the Convocation of Canterbury, the Standing Committee of the Lower House and, in the case of the Convocation of York, the body of Assessors of the Lower House of that Convocation], in such manner as that House may determine, and [F2three] persons from the panel shall be nominated as aforesaid for each appeal.
(c)A panel of twelve persons shall be appointed by [F3the Standing Committee of] the House of Laity of the General Synod from among the members of that House, in such manner as that House may determine, not less than one-half of whom [F4have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)], and [F5one person] from the panel shall be nominated as aforesaid for each appeal.
(2)[F6The persons appointed from among the members of] the Lower House of the Convocations or the House of Laity as aforesaid shall be appointed for the lifetime of those Convocations or that House of Laity and, on a casual vacancy, another member of the House concerned shall be appointed in [F6place of the person vacating office, in the same manner as that person was appointed], for the remainder of that lifetime:
Provided that the persons appointed as aforesaid shall, when a new House falls to be elected, continue to hold their appointments until the first Session of the new House, and any such person who has heard the whole or a part of an appeal may continue as a member of the Tribunal until the determination thereof.
[F7(3)The registrar of each province shall appoint a secretary to the Appeal Tribunal for that province, who may be the registrar.
(3A)The same person may be appointed by both registrars as secretary to both Tribunals and the registrars of both provinces may agree that one of them shall be the secretary to both Tribunals.]
(4)The expenses of an Appeal Tribunal in connection with any appeal shall be paid out of moneys standing to the credit of the diocesan pastoral account of the diocese from which the appeal is brought.
Textual Amendments
F1Words in Sch. 4 para. 15(1)(b) substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 23(a);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
F2Word in Sch. 4 para. 15(1)(b) substituted (31.1.2011) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), s. 13(2), Sch. 2 para. 16(a) (with s. 9); 2010 No. 8, art. 2
F3Words in Sch. 4 para. 15(1)(c) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 23(b);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
F4Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 54
F5Words in Sch. 4 para. 15(1)(c) substituted (31.1.2011) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), s. 13(2), Sch. 2 para. 16(b) (with s. 9); 2010 No. 8, art. 2
F6Words in Sch. 4 para. 15(2) substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 23(c);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
F7Sch. 4 para. 15(3)(3A) substituted for Sch. 4 para. 15(3) (11.6.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 60(c), 66(2) (with Sch. 6 paras. 1-5); 2007 No. 3, Instrument made by Archbishops