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Statutory Instruments

2018 No. 720

Ecclesiastical Law, England

The Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (Commencement and Transitional Provision) Order 2018

Made

13th June 2018

The Archbishops of Canterbury and York, in exercise of the powers conferred by section 99 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018(1), make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (Commencement and Transitional Provision) Order 2018.

(2) In this Order—

“the 1963 Measure” means the Ecclesiastical Jurisdiction Measure 1963(2);

“the 2011 Measure” means the Care of Cathedrals Measure 2011(3);

“the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

Commencement on 1st September 2018

2.  The 2018 Measure, so far as not already in force (see section 99 of that Measure), comes into force on 1st September 2018.

Transitional provision: appeals against costs in proceedings under the 2011 Measure

3.—(1) This paragraph applies where, immediately before 1st September 2018, there are proceedings pending on an appeal to the chancellor of a diocese under section 60(5) of the 1963 Measure against a taxation of costs in relation to proceedings instituted under section 18 of the 2011 Measure.

(2) The proceedings on the appeal are to continue before the chancellor under section 60(5) of the 1963 Measure, despite paragraphs 20 and 30 of Schedule 1 to the 2018 Measure (part of the effect of which is to transfer from the chancellor of a diocese to the Vicar-General’s court jurisdiction to hear an appeal against a taxation of costs in proceedings instituted under section 18 of the 2011 Measure).

+Justin Cantuar:

Archbishop of Canterbury

+Sentamu Ebor:

Archbishop of York

13th June 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the substantive provisions of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and makes transitional provision in connection with the coming into force of certain of those provisions.

Article 2 provides for the whole Measure, so far as not already in force, to come into force on 1st September 2018. Section 99 of the Measure provided for the technical provisions on commencement, extent and short title to come into force on Royal Assent.

Article 3 makes transitional provision about appeals against taxations of costs in proceedings under the Care of Cathedrals Measure 2011.