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Ecclesiastical Jurisdiction Measure 1963

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Jurisdiction of the CourtsE

6 Jurisdiction of the consistory court.E

(1)Subject to the provisions of the following subsection the consistory court of a diocese has original jurisdiction to hear and determine—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a cause of faculty for authorising—

(i)any act relating to land within the diocese, or to anything on or in such land, being an act for the doing of which the decree of a faculty is requisite;

(ii)the sale of books comprised in a library within the diocese, being a library to which the M1Parochial Libraries Act 1708 applies;

F2 [( bb )proceedings for an injunction or restoration order under section 13 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;]

(c)proceedings upon anyjus patronatusawarded by the bishop of the diocese;

(d)proceedings for the recovery of any penalty or forfeiture incurred under section thirty-two . . . F3 of the M2Pluralities Act 1838 in relation to a benefice in the diocese F4... and any proceedings consequent upon the return into the court of a monition in pursuance of section one hundred and twelve of that Act;

(e)any proceedings (other than as aforesaid) which, immediately before the passing of this Measure, it had power to hear and determine, not being proceedings jurisdiction to hear and determine which is expressly abolished by this Measure.

(2)Nothing contained in the foregoing subsection shall extend, or be construed as extending, the jurisdiction of the consistory court in faculty matters to any land or to anything on or in such land in respect of which such court had no jurisdiction immediately before the passing of this Measure.

7 Jurisdiction of Arches and Chancery Courts.E

[F5(1)The Arches Court of Canterbury and the Chancery Court of York each have jurisdiction to hear and determine an appeal from a judgment, order or decree of the consistory court of a diocese within the province for which they are constituted respectively—

(a)in a cause of faculty, or

(b)in proceedings of the kind mentioned in section 6(1)(bb), (d) or (e),

unless the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.]

[F6(1A)Each of the said Courts shall also have jurisdiction to hear and determine appeals from judgments, orders or decrees of the Vicar-General’s court of the province of Canterbury or York[F7 (including that Court as constituted in accordance with the Clergy Discipline Measure 2003 ], as the case may be.]

[F8(1B)Each of the said Courts shall also have jurisdiction to hear and determine appeals from judgments, orders or decrees of disciplinary tribunals within the provinces for which they are constituted respectively.]

(2)An appeal which, by virtue of this section, either of the said Courts has jurisdiction to entertain lies—

[F9(a)in a disciplinary case, [F10 with the leave of the court in accordance with section 20(1A) and (1B) of the Clergy Discipline Measure 2003,] at the instance of any party to the proceedings on a question of law and the defendant on a question of fact;

(b)in any other case, at the instance of any party to the proceedings but only with the leave of the consistory court or the Vicar-General’s Court as the case may be or F11... of the Dean of the Arches and Auditor.]

(3)Appeals under this section shall be lodged and conducted in such manner as may be prescribed.

[F12(4)Each of the appellate courts mentioned in subsection (1) of this section also has jurisdiction, either on its own motion or on the application of any party to proceedings pending in a consistory court, to give directions as to the further conduct of those proceedings if it considers that there has been inordinate delay in the conduct of the proceedings or it is otherwise in the interests of justice.

(5)Subsection (4) enables any directions to be given which could have been given by the chancellor.]

8 Appellate jurisdiction of Her Majesty in Council.E

(1)Her Majesty in Council has jurisdiction to hear and determine appeals from judgments of the Arches Court of Canterbury and the Chancery Court of York in proceedings which, by virtue of [F13paragraph (a)] of subsection (1) of the last foregoing section, those Courts have jurisdiction to entertain.

(2)An appeal which, by virtue of this section, Her Majesty in Council has jurisdiction to entertain lies at the instance of any party to the proceedings [F14with the leave of Her Majesty in Council].

F159 Jurisdiction of commissions of convocation.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15S. 9 repealed (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 2 (with s. 47); S.I. 2005/6, Instrument made by Archbishops

10 Jurisdiction of Court of Ecclesiastical Causes Reserved.E

[F16(A1)The Court of Ecclesiastical Causes Reserved has jurisdiction to hear and determine an appeal from a judgment, order or decree of a consistory court—

(a)in a cause of faculty, or

(b)in proceedings of the kind mentioned in section 6(1)(bb) or (e),

where the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.]

(1)The Court of Ecclesiastical Causes Reserved has original jurisdiction to hear and determine—

(a)proceedings upon articles charging an offence against the laws ecclesiastical involving matter of doctrine ritual or ceremonial committed by—

(i)a priest or deacon who when the offence was alleged to have been committed or when the proceedings were instituted, held preferment in a diocese or resided therein;

(ii)an archbishop or a bishop who, at one of those times, was a diocesan or a suffragan commissioned by a diocesan or (not being either a diocesan or a suffragan) held preferment in a diocese or resided therein

(b)all suits of duplex querela;

F17...

(2)An appeal which, by virtue of this section, the Court of Ecclesiastical Causes Reserved has jurisdiction to entertain lies at the instance of any party to the proceedings.

(3)For the purpose of determining whether an appeal from a judgment, order or decree of a consistory court F18... lies to the Arches Court of Canterbury or the Chancery Court of York under F19... subsection (1) of section seven of this Measure or to the Court of Ecclesiastical Causes Reserved by virtue of this section, it shall be the duty of the chancellor to certify upon the application of the party desiring to appeal whether or not [F20the proposed appeal relates to any extent to matter involving doctrine, ritual or ceremonial] F21. . ..

F22 [( 4 )In any proceedings in the Court of Ecclesiastical Causes Reserved on an appeal from a judgment, order or decree of a consistory court of a diocese F23..., the court—

(a)if it considers that it has heard and determined the appeal in so far as it relates to matter involving doctrine, ritual or ceremonial but that the appeal relates also to other matter, may, if it considers it expedient to do so, deal with the other matter, but otherwise shall refer it, and

(b)if it considers that no matter of doctrine, ritual or ceremonial is involved, shall refer the appeal (notwithstanding any certificate to the contrary issued under subsection (3) of this section),

to the Arches Court of Canterbury or the Chancery Court of York, as appropriate, to be heard and determined by that court.

(5)In any proceedings in the Arches Court of Canterbury or the Chancery Court of York on an appeal from a judgment, order or decree of a consistory court of a diocese F24..., the court [F25shall, if it considers that the appeal to any extent] relates to matter involving doctrine, ritual or ceremonial, refer the appeal (notwithstanding any certificate to the contrary issued under subsection (3) of this section) to the Court of Ecclesiastical Causes Reserved to be heard and determined by that court.

(6)Subject to any rules made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, any reference of an appeal under subsection (4) or (5) of this section shall be in accordance with such practice directions as may be issued jointly by the Dean of the Arches and Auditor and the two judges of the Court of Ecclesiastical Causes Reserved appointed in accordance with section 5 of this Measure by virtue of their holding, or having held, high judicial office.]

Textual Amendments

11 Jurisdiction of Her Majesty with respect to review of findings of commissions of convocation or of Court of Ecclesiastical Causes Reserved.E

F26(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A petition addressed to Her Majesty praying that she will be pleased to cause a finding of the Court of Ecclesiastical Causes Reserved to be reviewed may be lodged with the Clerk of the Crown in Chancery—

(a)in a case where the finding of the Court was in exercise of the jurisdiction it has by virtue of paragraph (a) of subsection (1) of the last foregoing section, by any party to the proceedings on a question of law and the defendant on a question of fact;

(b)in any other case, by any party to the proceedings.

(3)Any such petition must be in the prescribed form and must be lodged as aforesaid within the prescribed period after the finding to which it relates.

(4)Upon a petition being duly lodged under this section, a commission shall be directed under the Great Seal to such five persons as Her Majesty may be pleased to nominate, of whom three shall be [F27 judges of the Supreme Court, or members of the supplementary panel under section 39 of the Constitutional Reform Act 2005,] who make a declaration that they are communicants and two shall be lords spiritual sitting as Lords of Parliament, to review the finding to which the petition relates.

(5)A commission appointed under this section shall be called a Commission of Review.

Textual Amendments

F26S. 11(1) repealed (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 2 (with s. 47); S.I. 2005/6, Instrument made by Archbishops

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