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Ecclesiastical Jurisdiction Measure 1963

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60 Powers of courts and commissions in regard to costs.E

(1)[F1Subject, in the case of any party to whom legal aid is granted under [F2the Church of England (Legal Aid) Measure 1994], to rules made under section 4 of that Measure] Any court or commission having jurisdiction under this Measure F3... shall have power at any stage of the proceedings to order any party to give security for costs.

(2)[F4A court or commission exercising jurisdiction under this Measure, a Vicar-General's court as constituted under the Clergy Discipline Measure 2003, or a committee under this Measure] shall have power at its discretion to make an order for payment of taxed costs against any party and may take into account the fact that the whole or part of the costs of a complainant or accused person are being or have been met out of the [F5Fund maintained under [F6the Church of England (Legal Aid) Measure 1994]].

(3)An award of costs to any person under the last foregoing subsection may direct that, instead of taxed costs, that person shall be entitled—

(a)to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or

(b)to a gross sum so specified in lieu of taxed costs.

(4)In this section the expression “costs” includes fees, charges, disbursements, expenses and remuneration and the expression “taxed costs[F7in relation to costs incurred by any person to whom legal aid is granted under the [F8Church of England (Legal Aid) Measure 1994], means costs taxed or assessed in accordance with rules made under section 4 of that Measure and in relation to costs incurred by any other person.] means costs taxed by a registrar in the prescribed manner.

[F9(5)Where an order for payment of taxed costs has been made under subsection (2) of this section any party to the proceedings may appeal to the chancellor of the diocese in which the proceedings took place against the registrar’s taxation, and on any such appeal the chancellor may confirm or vary the registrar’s taxation.

(6)An appeal under subsection (5) of this section shall be lodged and conducted in such manner as may be prescribed.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 60 applied (with modifications) (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), ss. 35(1), 48(2) (with s. 47); S.I. 2005/6, Instrument made by Archbishops

C2S. 60(3) applied by S.I. 1990/2335, rule 9(4)

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