CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

Ecclesiastical Jurisdiction and Care of Churches Measure 2018

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Amendments of the Ecclesiastical Jurisdiction Measure 1963

 Help about opening options

Alternative versions:

Changes to legislation:

Ecclesiastical Jurisdiction and Care of Churches Measure 2018, Cross Heading: Amendments of the Ecclesiastical Jurisdiction Measure 1963 is up to date with all changes known to be in force on or before 05 June 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Measure associated Parts and Chapters:

Whole provisions yet to be inserted into this Measure (including any effects on those provisions):

Amendments of the Ecclesiastical Jurisdiction Measure 1963E

2EThe Ecclesiastical Jurisdiction Measure 1963 is amended as follows.

Commencement Information

I1Sch. 1 para. 2 in force at 1.9.2018 by S.I. 2018/720, art. 2

3(1)Section 1 (the ecclesiastical courts) is amended as follows.E

(2)Omit subsections (1) and (2).

(3)In subsection (3)—

(a)for “the said provinces” substitute “ the provinces of Canterbury and York ”, and

(b)omit paragraphs (b) and (d) and the “and” preceding paragraph (d).

Commencement Information

I2Sch. 1 para. 3 in force at 1.9.2018 by S.I. 2018/720, art. 2

4EOmit section 2 (judge of consistory court).

Commencement Information

I3Sch. 1 para. 4 in force at 1.9.2018 by S.I. 2018/720, art. 2

5EOmit section 2A (power to limit number of chancellorships etc.).

Commencement Information

I4Sch. 1 para. 5 in force at 1.9.2018 by S.I. 2018/720, art. 2

6(1)Section 3 (judges of the Arches and Chancery Courts) is amended as follows.E

(2)In subsection (1), after “respectively” insert “ for the purposes of proceedings on an appeal under section 20 of the Clergy Discipline Measure 2003 ”.

(3)In subsection (2)—

(a)for paragraphs (a) and (b) substitute—

(a)one shall be the Dean of the Arches and Auditor;

(b)four shall be appointed in accordance with section 20(2) and (3) of the Clergy Discipline Measure 2003., and

(b)omit paragraph (d).

(4)Omit subsections (3) to (6).

(5)In subsection (7)(a), for “the said oaths” substitute “ the oaths set out in Part 1 of Schedule 1 to this Measure ”.

(6)In subsection (8), for “either of the two last foregoing subsections” substitute “ subsection (7) ”.

Commencement Information

I5Sch. 1 para. 6 in force at 1.9.2018 by S.I. 2018/720, art. 2

7EOmit section 4 (appointment of deputy judges of consistory court).

Commencement Information

I6Sch. 1 para. 7 in force at 1.9.2018 by S.I. 2018/720, art. 2

8EOmit section 5 (judges of the Ecclesiastical Causes Reserved).

Commencement Information

I7Sch. 1 para. 8 in force at 1.9.2018 by S.I. 2018/720, art. 2

9EOmit section 6 (jurisdiction of consistory court).

Commencement Information

I8Sch. 1 para. 9 in force at 1.9.2018 by S.I. 2018/720, art. 2

10(1)Section 7 (jurisdiction of the Arches and Chancery Courts) is amended as follows.E

(2)Omit subsection (1).

(3)In subsection (1A)—

(a)for “Each of the said Courts shall also” substitute “ The Arches Court of Canterbury and the Chancery Court of York shall each ”, and

(b)omit “including that Court”.

(4)In subsection (2)—

(a)in paragraph (a), omit “in a disciplinary case,”, and

(b)omit paragraph (b).

(5)Omit subsections (4) and (5).

Commencement Information

I9Sch. 1 para. 10 in force at 1.9.2018 by S.I. 2018/720, art. 2

11EOmit section 8 (appellate jurisdiction of Her Majesty in Council).

Commencement Information

I10Sch. 1 para. 11 in force at 1.9.2018 by S.I. 2018/720, art. 2

12EIn section 10 (jurisdiction of Court of Ecclesiastical Causes Reserved), omit subsections (A1), (1)(b) and (2) to (6).

Commencement Information

I11Sch. 1 para. 12 in force at 1.9.2018 by S.I. 2018/720, art. 2

13EIn section 11 (the title to which becomes “ Jurisdiction of Her Majesty to review findings of Court of Ecclesiastical Causes Reserved ”), omit subsection (2)(b).

Commencement Information

I12Sch. 1 para. 13 in force at 1.9.2018 by S.I. 2018/720, art. 2

14EFor section 12 substitute—

12Disciplinary tribunals to be unaffected by vacation of see

(1)The vacation of the see of Canterbury or York or of the bishop of any other diocese shall not render a disciplinary tribunal unable to exercise its jurisdiction, and no such vacancy shall affect the discharge by the members or officers of such a tribunal of their functions.

(2)For provision as to the Arches Court of Canterbury, the Chancery Court of York and the Vicar-General's court of each province where there is a vacation of see as mentioned in subsection (1), see section 22 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

Commencement Information

I13Sch. 1 para. 14 in force at 1.9.2018 by S.I. 2018/720, art. 2

15EOmit section 13 (certain judges to be ex officio officials principal).

Commencement Information

I14Sch. 1 para. 15 in force at 1.9.2018 by S.I. 2018/720, art. 2

16EOmit section 46 (proceedings in consistory court).

Commencement Information

I15Sch. 1 para. 16 in force at 1.9.2018 by S.I. 2018/720, art. 2

17EIn section 47 (proceedings in Arches and Chancery Courts), in subsection (1A), omit “, including any directions under section 7(4) of this Measure”.

Commencement Information

I16Sch. 1 para. 17 in force at 1.9.2018 by S.I. 2018/720, art. 2

18(1)Section 48 (proceedings before Commission of Review) is amended as follows.E

(2)In subsection (1), after “a Commission of Review” insert “ exercising jurisdiction under this Measure ”.

(3)In subsection (2), after “in reviewing” insert “ under this Measure ”.

(4)In subsection (3), after “a Commission of Review” insert “ under this Measure ”.

(5)In subsection (6)—

(a)after “a previous Commission of Review” insert “ under this Measure or the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ”, and

(b)after “subsequently appointed” insert “ under this Measure ”.

Commencement Information

I17Sch. 1 para. 18 in force at 1.9.2018 by S.I. 2018/720, art. 2

19EIn section 58 (payment of costs of bishop etc.), omit paragraph (c) and the preceding “and”.

Commencement Information

I18Sch. 1 para. 19 in force at 1.9.2018 by S.I. 2018/720, art. 2

20(1)Section 60 (powers of courts and commissions in regard to costs) is amended as follows.E

(2)In subsection (1), omit the words from “and the Vicar-General's court” to “1994”.

(3)In subsection (2), for the words from the beginning to “examiner” substitute “ A court or commission exercising jurisdiction under this Measure, a Vicar-General's court as constituted under the Clergy Discipline Measure 2003, or a committee under this Measure ”.

Commencement Information

I19Sch. 1 para. 20 in force at 1.9.2018 by S.I. 2018/720, art. 2 (with art. 3)

21EIn section 62 (payment of expenses of courts by Archbishops' Council), in subsection (1), omit the words from “and of the Vicar-General's court” to the end.

Commencement Information

I20Sch. 1 para. 21 in force at 1.9.2018 by S.I. 2018/720, art. 2

22EIn section 69 (criminal proceedings)—

(a)omit “in the consistory court of a diocese or”, and

(b)for “those Parts” substitute “ that Part ”.

Commencement Information

I21Sch. 1 para. 22 in force at 1.9.2018 by S.I. 2018/720, art. 2

23EIn section 80 (place where courts etc. to sit)—

(a)for “Any court, commission, committee or inquiry established or held by or under the provisions of this Measure” substitute “ Proceedings in a court or commission exercising jurisdiction under this Measure or of a committee or inquiry under this Measure ”, and

(b)omit “and the Vicar-General's court of each of the provinces of Canterbury and York”.

Commencement Information

I22Sch. 1 para. 23 in force at 1.9.2018 by S.I. 2018/720, art. 2

24(1)Section 81 (evidence and general powers and rights of courts and commissions) is amended as follows.E

(2)In subsection (1)—

(a)for “established” substitute “ exercising jurisdiction ”, and

(b)omit “and the Vicar-General's Court of each of the provinces of Canterbury and York”.

(3)In subsection (2), omit “or Vicar-General's court”.

(4)Omit subsection (4).

Commencement Information

I23Sch. 1 para. 24 in force at 1.9.2018 by S.I. 2018/720, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Measure as a PDF

The Whole Measure you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources