ECCLESIASTICAL JURISDICTION (AMENDMENT) MEASURE 1974 (No. 2)

2 Minor amendments, repeal and transitional provisions. U.K.

(1) At the end of section 57 of the said Measure of 1963 (consequences of declarations under sections 55 and 56) there shall be inserted the following paragraph:— “ Section 49(5) of this Measure shall have effect for the purposes of section 55 of this Measure with the substitution, for the reference to the bishop of the diocese in which the proceedings were instituted, of a reference to the bishop of the relevant diocese within the meaning of the said section 55. ”

(2) Section 79 of the said Measure of 1963 (provisions as to date on which conviction, etc. becomes conclusive and as to conclusiveness of certificate of conviction, etc.) shall be amended as follows:—

(a) in subsection (1), for the words “order or finding”, wherever occurring, there shall be substiuted the words “ sentence, decree, finding or order ”;

(b) in subsection (1)(c), after the word “conviction” wherever occurring , there shall be inserted the word “ decree ”; and

(c) in subsections (2) and (3), for the words “order or finding”, wherever occurring, there shall be substituted the words “ decree, finding or order ”.

(3) Schedule 3 to the said Measure of 1963 (deprivation consequent upon the making of certain orders) is hereby repealed.

(4) Subject to the following subsection, sections 55 and 56 of the said Measure of 1963 shall, in their application to a person against whom a decree of divorce or judicial separation was granted, or an order made under section 6 of the M1 Matrimonial Proceedings and Property Act 1970, before the coming into force of the M2 Matrimonial Causes Act 1973, have effect as if for the reference in subsection (1) of the said section 55 to section 1(2) of the said Act of 1973 and to section 27 thereof there were substituted a reference to section 2(1) of the M3 Divorce Reform Act 1969 and to the said section 6 respectively.

(5) Where immediately before the commencement of this Measure any person was liable to have a declaration of deprivation and disqualification made against him under section 55 or 56 of the said Measure of 1963, then, notwithstanding any amendment or repeal made by this Measure, the said Measure of 1963 and any rules made for the purposes of that Measure shall continue to have effect in relation to that person as they had effect immediately before the said commencement.

Modifications etc. (not altering text)

C1 The text of ss. 1, 2(1)(2)(3) 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.

Marginal Citations

M1 1970 c. 45.

M2 1973 c. 18.

M3 1969 c. 55.