PART 1THE ECCLESIASTICAL COURTS
Commissions of review
19Commissions of review: continuation
1
There is to continue to be power for Her Majesty to appoint commissioners who are to have jurisdiction to review a finding of the Court of Ecclesiastical Causes Reserved in proceedings under section 18.
2
A party to proceedings in the Court of Ecclesiastical Causes Reserved under section 18 may lodge with the Clerk of the Crown in Chancery a petition addressed to Her Majesty praying that She will be pleased to cause a finding of the Court in those proceedings to be reviewed.
3
A petition under this section—
a
must be in the form specified in rules;
b
must be lodged with the Clerk of the Crown in Chancery within the period so specified after the finding to which it relates.
4
On a petition being lodged under this section, a commission must be directed under the Great Seal to such five persons as Her Majesty may nominate to review the finding to which the petition relates.
5
Three of the nominees under subsection (4) must be persons each of whom—
a
is a judge of the Supreme Court or a member of the supplementary panel under section 39 of the Constitutional Reform Act 2005, and
b
has made a declaration that he or she is a communicant.
6
Two of the nominees under subsection (4) must be Lords Spiritual in the House of Lords.
7
A commission appointed under this section is to be known as a Commission of Review.
20Proceedings
1
Proceedings before a Commission of Review exercising jurisdiction under this Measure are, subject to this section, to be brought and conducted in such manner as rules may specify.
2
To assist a Commission of Review on a review under this Measure of a decision of the Court of Ecclesiastical Causes Reserved involving a question of doctrine, the Upper House of each the Convocations must jointly appoint a panel of persons, in such numbers as those Houses may determine, consisting of—
a
members of either House, and
b
if the Houses think fit, theologians who are not members of either House.
3
Where a review under this Measure by a Commission of Review involves a question of doctrine, the Commission must request five persons selected by it from the panel appointed under subsection (2)—
a
to sit with it as advisers, and
b
to give such assistance on the matters of doctrine involved in the review as the Commission may require.
4
The judgment of the Commission must accord with the opinion of the majority of its members; and each member of the Commission must state his or her own opinion on the question under review.
5
In the exercise of its jurisdiction under this Measure, a Commission of Review is not bound by any decision of the Judicial Committee of the Privy Council in relation to matter of doctrine, ritual or ceremonial.
6
A decision of a Commission of Review under this Measure or the Ecclesiastical Jurisdiction Measure 1963 is binding on a subsequent Commission under this Measure, except in relation to a matter on which new information or evidence is adduced which was not before the previous Commission.