(1)Subject to the following provisions of this Measure, the consistory court of a diocese shall be presided over by a single judge who shall be styled the chancellor of the diocese or, in the case of the diocese of Canterbury, the commissary general, and appointed by the bishop thereof by letters patent.
F1 [( 1A )Before appointing a person to be chancellor of a diocese the bishop shall consult the Lord Chancellor and the Dean of the Arches and Auditor.]
(2)A person appointed to be chancellor of a diocese shall be at least thirty years old and either a [F2person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,]or a person [F3[F4 who ] holds or has held high judicial office or the office of circuit judge], and, before appointing a layman, the bishop shall satisfy himself that the person to be appointed is a communicant.
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subject to the provisions of [F6subsections (3) and (4A) of this section], the appointment of a person to be chancellor of a diocese shall be [F7for the period beginning with the date of the appointment and ending with the date on which he attains the age [F8 of seventy years ]], but he—
(a)may resign his office by instrument in writing under his hand addressed to, and served on, the bishop of the diocese;
(b)may be removed by that bishop if the Upper House of the Convocation of the relevant province resolves that he is incapable of acting or unfit to act.
[F9(c)may continue to act as chancellor for the purpose of any proceedings or cause of faculty in the consistory court of the diocese during the course of which he attains the age [F8 of seventy years ] as if the date of the conclusion in that court of those proceedings or that cause, as the case may be, were the date on which he attains that age.]
[F10( 4A )Where the bishop of a diocese considers that there are special circumstances which make it desirable in the interests of the diocese to retain the chancellor of the diocese in office after the date on which he would otherwise retire in accordance with subsection (4), he may from time to time authorise the continuance in office of the chancellor after that date for such period or further periods, not exceeding one year in all, as he may specify.]
(5)The chancellor of a diocese shall, before he enters on the execution of his office,—
(a) take F11 . . ., either before the bishop of the diocese in the presence of the diocesan registrar, or in open court in the presence of that registrar, the oaths set out in Part I of the First Schedule to this Measure; . . . F12
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
and the diocesan registrar shall record the taking F11 . . . of the said oaths . . . F12
Textual Amendments
F1 S. 2(1A) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8) , s. 8(1) , Sch. 4 para. 2(a) (with s. 31(6) ); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F2 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37) , s. 71(2) , Sch. 10 para. 17
F3 Words in s. 2(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(2), 16(2); S.I. 2006/2, Instrument made by Archbishops
F4 Word in s. 2(2) inserted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 5(1)(a), 13(2); S.I. 2010/2, art. 3, Sch. 2
F5 S. 2(3) repealed (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1) , s. 17(2) , Sch. 4 Pt. II ; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York .
F6 Words in s. 2(4) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8) , s. 8(1) , Sch. 4 para. 2(c)(i) (with s. 31(6) ); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F7 Words substituted by Ecclesiastical Judges and Legal Offices Measure 1976 (No. 2) , s. 1(1)(3) except in relation to a person who holds the office of chancellor of a diocese, or, in the case of the diocese of Canterbury, commissary general on 25.4.1976
F8 Words in s. 2(4) substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 5(1)(b), 13(2) (with s. 5(2)); S.I. 2010/2, art. 3, Sch. 2
F9 S. 2(4)( c ) added by Ecclesiastical Judges and Legal Officers Measure 1976 (No. 2) , s. 1(1)
F10 S. 2(4A) substituted (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 5(1)(c) , 13(2) (with s. 5(2)); S.I. 2010/2, art. 3, Sch. 2
F11 Words in s. 2(5) repealed (1.9.1995) by 1995 No. 2 , s. 9(a) ; Instrument dated 26.7.1995 made by Archbishops of Canterbury and York
F12 Word repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3) , Sch. 2
F13 S. 2(5)( b ) repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3) , Sch. 2
(1)Regulations made by the House of Bishops of the General Synod may make provision with respect to the maximum number of chancellorships [F15 or deputy chancellorships] of dioceses which any one person may hold.
(2)Nothing in any regulation made under this section shall be taken as prohibiting any person who at the date on which the regulation comes into force holds more than the maximum number of chancellorships [F15or deputy chancellorships] prescribed by the regulation from continuing to hold such offices.
(3)Regulations made under this section shall be laid before the General Synod and shall not come into operation until they have been approved by the General Synod.
(4) The M1 Statutory Instruments Act 1946 shall apply to any regulations approved under subsection (3) of this section as if they were a statutory instrument and were made when so approved, and as if this Measure were an Act providing that any such regulations should be subject to annulment in pursuance of a resolution of either House of Parliament. ]
Textual Amendments
F14S. 2A inserted by Ecclesiastical Judges and Legal officers Measure 1976 (No. 2), s. 2
F15Words in s. 2A(1)(2) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(3), 16(2); S.I. 2006/2, Instrument made by Archbishops; S.I. 2006/2, Instrument made by Archbishops
Marginal Citations
(1)The judges of the Arches Court of Canterbury and the Chancery Court of York respectively shall be [F16as set out in subsection (2) of this section], but proceedings which, by virtue of the following provisions of this Measure, are cognisable by either of those Courts shall be heard and disposed of by such of the judges thereof as may be determined in accordance with those provisions.
(2)Of the judges of each of the said Courts—
(a)one, who shall be a judge of both Courts (and, in respect of his jurisdiction in the province of Canterbury shall be styled Dean of the Arches and, in respect of his jurisdiction in the province of York, shall be styled Auditor, and is hereinafter referred to in this Measure as the Dean of the Arches and Auditor), shall be appointed by the archbishops of Canterbury and York jointly with the approval of Her Majesty signified by warrant under the sign manual;
[F17(b)for the purposes of proceedings on an appeal under section 20 of the Clergy Discipline Measure 2003, four shall be appointed in accordance with subsections (2) and (3) of that section;]
F18 [( d )the others shall be all the diocesan chancellors appointed under section 2 of this Measure (in whichever province), except the chancellor of the diocese in Europe;]
(3)A person appointed to be Dean of the Arches and Auditor shall be either a [F19person who [F20holds or] has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,]or a person who [F20holds or] has held high judicial office, and, before appointing a layman, the archbishops of Canterbury and York shall satisfy themselves that he is a communicant.
F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22(5)The appointment of the Dean of the Arches and Auditor shall be for a period beginning with the date of the appointment and ending with the date on which he attains the age of seventy-five years, but—
(a)he may resign his office by instrument in writing under his hand addressed to, and served on, the Archbishops of Canterbury and York,
(b)he may be removed by the Archbishops of Canterbury and York jointly if the Upper Houses of the Convocations of the provinces of Canterbury and York each resolve that he is incapable of acting or unfit to act, and
(c)he may continue to act as a judge for the purpose of any proceedings in either Court during the course of which he attains the age of seventy-five years as if the date of the conclusion of the proceedings were the date on which he attains that age.]
(6)[F23The Dean of the Arches and Auditor and every chancellor of a diocese shall, before he enters on the execution of his office as a judge of the said Courts],—
(a)take F24. . .,—
(i)before the archbishop of Canterbury in the presence of the registrar of the province of Canterbury and before the archbishop of York in the presence of the registrar of the province of York; or
(ii)in open court in both of those provinces in the presence of the registrar of the province;
the oaths set out in Part I of the First Schedule to this Measure; . . . F25
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
(7)[F27A person appointed under paragraph [F28 (b)] of subsection (2) of this section] to hold the office of judge of either of the said Courts shall, before he enters on the execution of his office,—
(a)take F24. . . the said oaths either before the archbishop of the relevant province and in the presence of the registrar of that province or in open court in the presence of that registrar; . . . F25
(b) . . . F26
(8)A provincial registrar shall record the taking . . . F25F29. . ., of an oath . . . F25 in his presence in pursuance of either of the two last foregoing subsections.
Textual Amendments
F16Words in s. 3(1) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(a) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F17S. 3(2)(b) substituted for s. 3(2)(b)(c) (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 9(3), 10(2); S.I. 2014/1, art. 2
F18S. 3(2)(d) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(b) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F19Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 18(1)
F20Words in s. 3(3) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(c) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F21S. 3(4) repealed (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 9(4), 10(2); S.I. 2014/1, art. 2
F22S. 3(5) substituted (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 9(5), 10(2); S.I. 2014/1, art. 2
F23Words in s. 3(6) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(e) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F24Words in s. 3(6)(7) repealed (1.9.1995) by 1995 No. 2, s. 9(b)(i); Instrument dated 26.7.1995 made by Archbishops of Canterbury and York
F25Words repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3), Sch. 2
F26S. 3(6)(b)(7)(b) repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3), Sch. 2
F27Words in s. 3(7) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(f) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F28Word in s. 3(7) substituted (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 9(6), 10(2); S.I. 2014/1, art. 2
F29Words in 3(8) repealed (1.9.1995) by 1995 No. 2, s. 9(b)(ii); Instrument dated 26.7.1995 made by Archbishops of Canterbury and York
(1)[F30Where the Dean of the Arches and Auditor or any chancellor is for any reason unable to act as such, or the office of the Dean or any chancellor is vacant], the archbishops of Canterbury and York in the former case, and the bishop of the diocese concerned in the latter, may appoint a fit and proper person to act as deputy Dean of the Arches and Auditor or deputy chancellor of such diocese as the case may be during [F30the period of inability or vacancy], and every person so appointed shall have all the powers and perform all the duties of the [F30office in respect of which he is appointed to act as deputy].
F31 [( 1A )The Dean of the Arches and Auditor F32... may, with the consent of the Archbishops of Canterbury and York F32... appoint a fit and proper person to act as deputy Dean of the Arches and Auditor F32... for such period not exceeding twelve months or for such purpose as may be specified in the instrument of appointment, and during that period or for that purpose every person so appointed shall have all the powers and perform all the duties of the office [F33of Dean of the Arches and Auditor]].
[F34(1B)Any chancellor may, with the consent of the bishop of the diocese, appoint, in writing, a fit and proper person to act as deputy chancellor of the diocese and any person so appointed shall have all the powers and perform all the duties of the office of chancellor.
(1C)The appointment of a deputy chancellor appointed under subsection (1B) of this section shall continue so long as the chancellor who appointed the deputy chancellor continues in office and, thereafter, for the period of three months beginning with the date on which the chancellor ceases to hold office or until the deputy chancellor attains the age at which the chancellor would be required to vacate the office of chancellor under section 2(4) of this Measure, whichever is sooner, but a deputy chancellor—
(a)may resign the office of deputy chancellor by notice in writing addressed to the chancellor,
(b)may be removed by the chancellor, after consultation with the bishop, if the chancellor considers that the deputy is incapable of acting or unfit to act, and
(c)may continue to act as chancellor for the purpose of any proceedings or cause of faculty in the consistory court of the diocese during the course of which the deputy chancellor attains the said age or, as the case may be, the three months period referred to above expires, as if the date of the conclusion in the court of those proceedings or that cause, as the case may be, were the date on which that age is attained or, as the case may be, that period has expired.]
(2)Every deputy judge appointed to act pursuant to the provisions of the foregoing [F35subsections]shall be qualified as hereinbefore provided with respect to the person whose functions he is appointed to perform and, before he enters on the execution of his office, such deputy shall take and subscribe such oaths . . . F36 as are required to be taken, . . . F36 and subscribed by the Dean of the Arches and Auditor or by a chancellor of a diocese, as the case may be, under the preceding provisions of this Measure in manner thereby appointed, and such oaths . . . F36 shall be recorded in the like manner.
Textual Amendments
F30Words in s. 4(1) expressed to be inserted (1.3.1993) for the words from the beginning to "any chancellor" by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(a)(i) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
Words in s. 4(1) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(a)(ii);Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
Words in s. 4(1) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(a)(iii);Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F31S. 4(1A) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(b) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F32Words in s. 4(1A) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(4), 16(2); S.I. 2006/2, Instrument made by Archbishops
F33Words in s. 4(1A) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(4), 16(2); S.I. 2006/2, Instrument made by Archbishops
F34S. 4(1B)(1C) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(5), 16(2); S.I. 2006/2, Instrument made by Archbishops
F35Word in s. 4(2) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(c);Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F36Words repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3), Sch. 2
The Court of Ecclesiastical Causes Reserved shall be constituted of five judges appointed by Her Majesty, and of them two shall be persons who hold, or have held, high judicial office and who make a declaration that they are communicants and three shall be persons who are, or have been, diocesan bishops.