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Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988

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This is the original version (as it was originally enacted).

Section 2.

SCHEDULE 1Proceedings for which legal aid may be given

Description of proceedingsDescription of applicants
1. Proceedings in any ecclesiastical court or before any commission, committee or examiner in respect of an offence under the [1963 No. 1.] Ecclesiastical Jurisdiction Measure 1963.Any complainant or accused person.
2. Proceedings on an enquiry under Part I of the [1977 No. 1.] Incumbents (Vacation of Benefices) Measure 1977 conducted by a provincial tribunal.The incumbent concerned in the proceedings and any of the persons mentioned in paragraphs (b), (c) or (d) of section 7(5) of that Measure.
3. Proceedings under Schedule 4 to the [1983 No. 1.] Pastoral Measure 1983 (including any interview by a pastoral committee.Any person having a right to compensation conferred by paragraphs 1, 2, 3, or 4 of the said Schedule 4.
4. Proceedings under Schedule 4 to the Pastoral Measure 1983 as extended by subsection (3) of section 13 of the Incumbents (Vacation of Benefices) Measure 1977 (including any interview by a pastoral committee).Any incumbent having a right to compensation conferred by subsection (1) of the said section 13.

Section 14.

SCHEDULE 2Minor and consequential amendments

[1963 No. 1.] Ecclesiastical Jurisdiction Measure 1963

1In section 60 of the Ecclesiastical Jurisdiction Measure 1963 (which relates to costs)—

(a)in subsection (1) there shall be inserted at the beginning the words "Subject, in the case of any party to whom legal aid is granted under Part I of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988, to rules made under section 4 of that Measure";

(b)in subsection (2) for the words "Fund established under the preceding section" there shall be substituted the words "Fund maintained under Part I of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988";

(c)in subsection (4) after the words "taxed costs" there shall be inserted the words "in relation to costs incurred by any person to whom legal aid is granted under the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988, means costs taxed or assessed in accordance with rules made under setion 4 of that Measure and in relation to costs incurred by any other person".

2In section 65(1) of that Measure (rules made by the Rule Committee) after the words "so far as the same are not regulated by this Measure" there shall be inserted the words "or by rules made under section 4 of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988".

[1977 No. 1.] Incumbents (Vacation of Benefices) Measure 1977

3In section 13(3) of the Incumbents (Vacation of Benefices) Measure 1977 (compensation of incumbents)—

(a)for the words "paragraphs 5 to 14, 16 and 17 of Schedule 4 to the Pastoral Measure 1968" there shall be substituted the words "paragraphs 6 to 15 and paragraph 18 of Schedule 4 to the Pastoral Measure 1983"; and

(b)for paragraphs (b) and (c) there shall be substituted the following paragraph—

(b)in paragraph 13(1) for the words "any benefice archdeaconry or office is dissolved, abolished, vacated or resigned in the circumstances mentioned in paragraphs 1 to 4" of the words "any benefice is resigned or vacated in the circumstances mentioned in section 4 or 10 of the Incumbents (Vacation of Benefices) Measure 1977."

[1983 No. 1.] Pastoral Measure 1983

4In paragraph 16(1) of Scedule 4 to the Pastoral Measure 1983 (rules made by Church Commissioners) for the words from "and in proceedings before the Appeal Tribunal" to end of the sub-paragraph there shall be substituted the words "and also (except so far as it is regulated by rules mader under Part I of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988) the procedure in proceedings before the Appeal Tribunal and in any other proceedings under this Schedule."

Section 14.

SCHEDULE 3Repeals

Act

ChapterShort titleExtent of repeal
1 & 2 Vict. c. 106.The Pluralites Act 1838.

In section 97 the words from "upon pain of" to the end of the section.

Section 98.

Measures

NumberShort titleExtent of repeal
1956 No. 3.The Parochial Church Councils (Powers) Measure 1956.In section 7, in paragraph (iv) the words from "subject to" to the end of the paragraph.
1963 No. 1.The Ecclesiastical Jurisdiction Measure 1963.Section 59.
1964 No. 6.The Clergy (Ordination and Miscellaneous Provisions) Measure 1964.

Section 10.

In section 12 the words "in subsection (1) of section 10 or" and the words "subsection (2) of section 10 and".

1977 No. 1.The Incumbents (Vacation of Benefices) Measure 1977.Section 15.
1983 No. 1.The Pastoral Measure 1983.In Schedule 4, paragraph 17.

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