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Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1)

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This is the original version (as it was originally enacted).

14Delegation to archdeacons of power to grant faculties

(1)Subject to the following provisions of this section the chancellor of a diocese shall confer upon the archdeacon of every archdeaconry in the diocese the jurisdiction of the consistory court of the diocese in such faculty matters relating to the archdeaconry, to such extent and in such manner as may be prescribed.

(2)An archdeacon upon whom such jurisdiction is conferred shall have power to grant a faculty in any cause of faculty falling to be considered by him which is unopposed.

(3)Where, in any cause of faculty falling to be considered by an archdeacon—

(a)he declines to grant a faculty; or

(b)he considers that the matter should be dealt with as a matter of urgency without reference to the advisory committee for advice in accordance with section 15(2) below; or

(c)the grant of a faculty is opposed by any person,

he shall cause the matter to be referred to the chancellor of the diocese concerned to be dealt with by him.

(4)A faculty granted by an archdeacon under subsection (2) above shall have effect as if it had been granted by the chancellor of the diocese concerned.

(5)Nothing in this section shall be construed as enabling an archdeacon to—

(a)order any costs or expenses to be paid by any person; or

(b)issue an injunction or make a restoration order against any person; or

(c)grant an interim faculty pending the final determination of the matter;

and where an archdeacon considers that any question arises as to the payment of costs or expenses, the issue of an injunction, the making of a restoration order or the grant of an interim faculty, he shall cause the matter to be referred to the chancellor of the diocese concerned to be dealt with by him.

(6)A certificate issued by an archdeacon under section 12 of the 1964 Measure before the coming into operation of this section shall continue in force and have effect as if it were a faculty granted under subsection (2) above.

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