Ecclesiastical Jurisdiction Measure 1963

SCHEDULES

Sections 2, 3, 27.

FIRST SCHEDULE E Oaths to be taken and subscribed, and Declaration to be made and subscribed, by Judges of Consistory, Arches and Chancery Courts

Part I E Oaths to be taken and subscribed by all Judges

“I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her Heirs and successors, according to law.So help me God.”

“I, , do swear that I will, to the uttermost of my understanding, deal uprightly and justly in my office, without respect of favour or reward.So help me God.”

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E

Textual Amendments

F1 Sch. 1 Pt. II repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3), Sch. 2

SECOND SCHEDULE E Examiners and Assessors

Part I E Provision of Examiners under Part IV of the Measure

1 (1) For the purpose of enabling examiners to be appointed for the purpose of inquiring under section twenty-four of this Measure into complaints laid under Part IV, the [F2 diocesan synod] of each diocese shall appoint a committee whose duty it shall be to draw up with the approval of the [F2 diocesan synod], and from time to time to revise with the like approval, a panel of not less than three persons [F3 having a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) and] possessing such experience as the chancellor shall consider appropriate and as to whom the committee is satisfied that they are communicants. E

(2) The term of office of a member of the panel drawn up under the foregoing sub-paragraph shall be such as may be determined by the [F2 diocesan synod] before the time of his appointment to the panel.

Textual Amendments

F2 Words substituted by virtue of Synodical Government Measure 1969 (No. 2), s. 4(7)

F3 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 20

2 E The examiner to whom a complaint is referred for inquiry under paragraph (b) of subsection (1) of section twenty-three of this Measure shall be selected from the members of the panel by ballot conducted by the registrar of the diocese in the presence of such (if any) of the parties as desire to be present by themselves or their representatives.

3 E A person selected under this Part of this Schedule as an examiner for the purpose of inquiry into a complaint laid under Part IV of this Measure shall, notwithstanding the expiry during the course of such inquiry of his term of office as a member of the panel be capable of continuing to act as an examiner as if his term of office had extended until he had completed his duties under section twenty-four of this Measure in relation to that complaint.

4 E If a member of the panel ceases to hold a qualification required by sub-paragraph (1) of paragraph 1 of this Part of this Schedule or resigns or dies or becomes incapable of acting the bishop of the diocese shall declare a vacancy and may direct the committee referred to in that paragraph to appoint a duly qualified person to hold office for the remainder of the term of office of the member whom he replaces.

Part II E Provision of Assessors to sit with Consistory Court under Part IV of the Measure

5 (1) For the purpose of providing assessors to sit with consistory courts in the hearing and determination of proceedings under Part IV of this Measure, the [F4 diocesan synod] of each diocese shall appoint a committee whose duty it shall be to draw up with the approval of the [F4 diocesan synod], and from time to time to revise with the like approval— E

(a) a panel of six priests;

(b) a panel of six laymen.

(2) Before a person is appointed to a panel of laymen drawn up under the foregoing sub-paragraph, the body proposing to make the appointment shall satisfy themselves that he is a communicant.

(3) The term of office of a member of a panel drawn up under sub-paragraph (1) of this paragraph shall be such period, not exceeding six years, as may be determined before his appointment.

Textual Amendments

F4 Words substituted by virtue of Synodical Government Measure 1969 (No. 2), s. 4(7)

6 E The four assessors with whom the consistory court of a diocese trying a person under Part IV of this Measure is required to sit shall be selected from each panel in equal proportions by ballot conducted by the registrar of the diocese in the presence of such (if any) of the parties as desire to be present by themselves or their representatives.

7 E If either party shall object to any assessor for reasons approved by the chancellor he shall be discharged from sitting with the court.

8 E If by reason of any objection or non-attendance or otherwise the requisite number of assessors is not obtained before the trial, the chancellor shall, if there is time, cause a priest or layman, as the case may require, to be chosen from the panel by another ballot, but, if there is not time, shall appoint some priest or layman, as the case may require, who is willing to serve and to whom neither party objects for cause shown and deemed to be sufficient by the chancellor, to make up the full number of assessors required to sit with the court.

9 E A person selected under this Part of this Schedule to act as assessor at the trial of a person under Part IV of this Measure by a consistory court shall, notwithstanding the expiry during the trial of his term of office as a member of the panel from which he was selected, be capable of continuing to act as assessor at that trial as if his term of office had extended until the conclusion of the trial.

10 E If a member of either panel resigns or dies or becomes incapable of acting the bishop of the diocese shall declare a vacancy and may direct the committee referred to in paragraph five in this Part of this Schedule to appoint a priest or layman as the case may be to hold office for the remainder of the term of office of the member whom he replaces.

F5 F5 THIRD SCHEDULE E

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

Textual Amendments

F5 Sch. 3 repealed by Ecclesiastical Jurisdiction (Amendment) Measure 1974 (No. 2), s. 2(3)

Section 86

FOURTH SCHEDULE E Amendments of Other Enactments.

Modifications etc. (not altering text)

C1 The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

E

. . . F6

Textual Amendments

F6 Entry repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. V

The Pluralities Act, 1838. E

In section thirty-one, for the words “his chancellor or other competentjudge” there shall be substituted the words “ the bishop’s court ”, and forthe words “such chancellor or other judge” and the words “the judge” thereshall be substituted the words “ the court ”; and the words “before such orany other competent ecclesiastical judge” shall be omitted.

The Clerical Disabilities Act, 1870. E

In section four, in paragraph (3), the reference to the enactmentsmentioned in the first Schedule shall include a reference to thisMeasure.

The Benefices Act, 1898. E

In sub-section (5) of section one for the words “under section two ofthe Clergy Discipline Act, 1892”, there shall be substituted “ undersection eighteen and Part IV of the Ecclesiastical JurisdictionMeasure, 1963 ”.

The Benefices (Purchase of Rights of Patronage) Measure, 1933. E

In section eight, in subsection (1), for the words “The Rule Committeeas defined by section 9 of the Clergy Discipline Act, 1892”, thereshall be substituted the words “ The Rule Committee constituted undersection sixty-four of the Ecclesiastical Jurisdiction Measure, 1963 ”.

Section 87.

FIFTH SCHEDULE E Enactments Repealed

Modifications etc. (not altering text)

C2 The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Session, and Chapter or Number	Title or Short Title	Extent of Repeal
13 Edw. 1. ...	The Statute of Circumspecte Agatis.	The whole statute.
18 Edw. 1. ...	The Statute of the Writ of the Consultation.	The whole statute.
9 Edw. 2. Stat. 1.	Aritcles for the Clergy...	Chapters I, II, VI and VII.
25 Edw. 3. Stat. 6.	An Ordinance for the Clergy made at Westminster in the Twenty-fifth year of the Reign of K. Edward III.	Chapter VIII.
50 Edw. 3. ...	Of the Pardons and Graces granted by the King to the Commonalty of His Realm of England; in the Fiftieth year of King Edward III.	The whole Act.
2 Hen. 5. Stat. 1.		Chapter III.
21 Hen. 8. c. 6	The Mortuaries Act, 1529...	The whole Act.
23 Hen. 8. c. 9	The Ecclesiastical Jurisdiction Act, 1531.	The whole Act.
24 Hen. 8. c. 12	The Ecclesiastical Appeals Act, 1532.	In section three, the words from “in manner and forme as hereafter ensueth” to the end.
		In section four, the words from the beginning to “any other courte or courtes”.
25 Hen. 8. c. 19.	The Submission of the Clergy Act, 1533.	In section four, the words from “but that all manner of appelles” to the end.
		Section six.
32 Hen. 8. c. 7.	The Tithe Act, 1540 ...	In section five, the proviso.
2 & 3 Edw. 6. c. 1.	The Act of Uniformity, 1548	Sections five, twelve and thirteen.
5 & 6 Edw. 6. c. 4.	The Brawling Act, 1551 ...	The whole Act.
1 Mary, Sess. 2. c. 3.	The Brawling Act, 1553 ...	Sections five and six.
1 Eliz. 1. c. 2.	The Act of Uniformity, 1558	Sections six, eleven and twelve.
5 Eliz. 1. c. 23.	The Writ De Excommunicato Capiendo Act, 1562.	The whole Act.
13 Eliz. 1. c. 12.	The Ordination of Ministers Act, 1571.	Section two.
1 Car. 1.c. 1...	The Sunday Observance Act, 1625.	The second proviso.
3 Car. 1. c. 2...	An Act for the further reformacion of sondry abuses committed on the Lord’s Day commonlie called Sonday.	The third proviso.
16 Car. 1. c. 11	An Act for repeal of a branch of a Statute primo concerning Commissioners for causes Ecclesiasticall.	The whole Act.
13 Car. 2. Stat. 1. c. 12.	The Ecclesiastical Jurisdiction Act, 1661.	The whole Chapter except section four.
29 Car. 2. c. 9.	The Ecclesiastical Jurisdiction Act, 1677.	The whole Act.
28 Geo. 2. c. 6.	The Mortuaries (Chester) Act, 1755.	The preamble and section one.
21 Geo. 3. c. 49.	The Sunday Observance Act, 1780.	Section seven.
31 Geo. 3. c. 32.	The Roman Catholic Relief Act, 1791.	In section twelve, the words “in any ecclesiastical court or elsewhere”.
53. Geo. 3. c. 127.	The Ecclesiastical Courts Act, 1813.	Sections one, two and three and the Schedules.
		In section five, the words “or in any Ecclesiastical Court”.
		In section seven, the second proviso.
		The Schedules.
10 Geo. 4. c. 53.	The Ecclesiastical Courts Act, 1829.	The whole Act.
2 & 3 Will. 4. c. 92.	The Privy Council Appeals Act, 1832.	The whole Act.
2 & 3 Will. 4. c. 93.	The Ecclesiastical Courts (Contempt) Act, 1832.	The whole Act.
3 & 4 Vict. c. 86.	The Church Discipline Act, 1840.	The whole Act.
3 & 4 Vict. c. 93.	The Ecclesiastical Courts Act, 1840.	The whole Act.
7 & 8 Vict. c. 59.	The Lecturers and Parish Clerks Act, 1844.	In section one, the words from “and in case” to the end, and section five.
10 & 11 Vict. c. 98.	The Ecclesiastical Jurisdiction Act, 1847.	Secion nine.
17 & 18 Vict. c. 47.	The Ecclesiastical Courts Act, 1854.	The whole Act.
18 & 19 Vict. c. 41.	The Ecclesiastical Courts Act, 1855.	The whole Act.
23 & 24 Vict. c. 32.	The Ecclesiastical Courts Jurisdiction Act, 1860.	Section one.
33 & 34 Vict. c. 23.	The Forfeiture Act, 1870.	Section two in so far as it relates to ecclesiasticaal benefices and the holders thereof.
37 & 38 Vict. c. 85.	The Public Worship Regulation Act, 1874.	The whole Act.
39 & 40 Vict. c. 59.	The Appellate Jurisdiction Act, 1876.	In section fourteen the words from “Her Majesty may by Order in Council” to the end.
55 & 56 Vict. c. 32.	The Clergy Discipline Act, 1892.	The whole Act.
16 & 17 Geo. 5. No. 4.	The Ecclesiastical Commissioners Measure, 1926.	Section five.
26 Geo. 5. & 1 Edw. 8. No. 5.	The Ecclesiastical Commissioners (Powers) Measure, 1936.	Section nine.
10 & 11 Geo. 6. No. 1.	The Incumbents (Discipline) Measure , 1947.	The whole Measure.
12 & 13 Geo. 6. No. 1.	The Church Dignitaries (Retirement) Measure, 1949.	Part II.
		In section thirteen, in subsection (1), the words “or Part II” and, in subsection (4), the words “and subsection (2) of section five”.
		In section fourteen, the words “or both under Part II of this Measure and under the Incumbents (Discipline) Measure, 1947”. the words “or the said Measure of 1947”, in both places where they occur, the words “if the proceedings were taken under the Measure of 1945” and the words from “and (ii) if” to “under this Measure”.
		In section eighteen, in the definition of “prescribed” the words “the Incumbents (Discipline) Measure, 1947, or”.
13 & 14 Geo. 6. No. 1.	The Incumbents (Discipline) Measure, 1947 (Amendment) Measure , 1950.	The whole Measure.
14 & 15 Geo. 6. c. 39.	The Common Informers Act, 1951.	In the Schedule, the entry relating to the Ecclesiastical Jurisdiction Act, 1531.
14 & 15 Geo. 6. No. 2.	The Bishops (Retirement) Measure, 1951.	Part III.
		In section thirteen, the words “Part I or Part II of”.
		In section fifteen, the words from “and in the case” to the end.
		In section sixteen, in subsection (1), the definition of “The pensions authority” and in subsection (2), the words “or who is a complainant or promoter under Part III hereof”.
1 & 2 Eliz. 2. No. 3.	The Incumbents (Discipline) and Church Dignitaries (Retirement) Amendment Measure, 1953.	The whole Measure.