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Ecclesiastical Jurisdiction and Care of Churches Measure 2018

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This is the original version (as it was originally enacted).

71Injunction

(1)This section applies where at any time, whether before or after proceedings for obtaining a faculty have been brought, it appears to the consistory court of a diocese that a person intends—

(a)to commit or continue to commit a relevant act, or

(b)to cause or permit the commission or continuance of a relevant act.

(2)A relevant act is an act in relation to a church or churchyard in the diocese or an article appertaining to a church in the diocese which would be unlawful under ecclesiastical law.

(3)The court may issue an injunction restraining the person from committing or continuing to commit, or from causing or permitting the commission or continuance of, the relevant act.

(4)An injunction under this section may be issued—

(a)on an application by the archdeacon of the archdeaconry concerned,

(b)on an application by any other person appearing to the court to have sufficient interest in the matter, or

(c)on the court’s own motion.

(5)A failure to comply without a reasonable excuse with an injunction issued by the court under this section is a contempt of that court.

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