F1Care of Cathedrals (Supplementary Provisions) Measure 1994

1994 No. 2

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Annotations:
Amendments (Textual)
F1

Measure repealed (1.9.2011) by Care of Cathedrals Measure 2011 (No. 1), s. 34(2), Sch. 3 (with s. 31); 2011 No. 2, art. 2; Ss. 8, 9, Sch revived and s. 11 revived for specified purposes (retrospective to 1.9.2011) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 1 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F11 Preliminary interview re. contravention of s.2 of 1990 Measure.

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F12 Power of bishop to order special visitation.

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F13 Power of bishop to give directions.

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F14 Institution of proceedings for injunction or restoration order.

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F15 Jurisdiction and composition of Vicar-General’s court.

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F16 Powers of court.

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F17 Amendment of 1990 Measure.

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8 Amendment of Ecclesiastical Jurisdiction Measure 1963.

F1The M1Ecclesiastical Jurisdiction Measure 1963 shall have effect subject to the amendments specified in the Schedule to this Measure.

9 Rules.

F1In section 26 of the M2Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (functions of Rule Committee) in subsections (1)(d) and (2)(a) for the words “Care of Cathedrals Measure 1990” there shall be substituted in both places the words “Care of Cathedrals Measures 1990 and 1994”.

F110 Interpretation.

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11 Short title and commencement.

F11

This Measure may be cited as the Care of Cathedrals (Supplementary Provisions) Measure 1994, and this Measure may be cited with the 1990 Measure as the Care of Cathedrals Measures 1990 and 1994.

P12

This Measure shall come into force on such date as the Archbishops of Canterbury and York may jointly appoint.

SCHEDULE Amendment of Ecclesiastical Jurisdiction Measure 1963

F11

The Ecclesiastical Jurisdiction Measure 1963 shall be amended as follows.

2

In section 7 (jurisdiction of Arches and Chancery Courts)—

a

after subsection (1) there shall be inserted the following subsection—

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, as the case may be.

b

in subsection (2) after the words “consistory court” there shall be inserted the words “or the Vicar-General’s court, as the case may be,”.

3

In section 58 (payment of costs of bishop and promoter by Commissioners) after paragraph (b) there shall be inserted the following paragraph—

and

c

any bishop or person designated by a bishop to act on his behalf for the purposes of the Care of Cathedrals (Supplementary Provisions) Measure 1994 in or in relation to or directly or indirectly arising out of legal proceedings authorised, taken or contemplated in the Vicar-General’s court under section 4 of that Measure:

4

In section 60 (powers of courts and commissions in regard to costs)—

a

in subsection (1) after the words “under this Measure” there shall be inserted the words “and the Vicar-General’s court of each of the provinces of Canterbury and York in proceedings instituted under section four of the Care of Cathedrals (Supplementary Provisions) Measure 1994”;

b

in subsection (2) after the word “court” there shall be inserted the words “(including a Vicar-General’s court)”.

5

In section 62 (payments of expenses of courts, etc by Central Board ) after the words “section fourteen thereof” there shall be inserted the words “and of the Vicar-General’s court for the purpose of proceedings instituted under section four of the Care of Cathedrals (Supplementary Provisions) Measure 1994”.

6

In section 63 (fees payable in or in connection with proceedings) after the words “under this Measure” there shall be inserted the words “or the Care of Cathedrals (Supplementary Provisions) Measure 1994”.

7

In section 80 (place where courts, etc., are to sit) after the word “Measure” there shall be inserted the words “and the Vicar-General’s court of each of the provinces of Canterbury and York”.

8

In section 81 (evidence and general powers and rights of courts and commissions)—

a

in subsection (1) after the word “Measure” there shall be inserted the words “and the Vicar-General’s Court of each of the provinces of Canterbury and York”;

b

in subsection (2) after the words “such court or commission” there shall be inserted the words “or Vicar-General’s court”;

c

in subsection (4) for the words from “subsection (2)” to the end there shall be inserted the words “section 13(2) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 or section 6(1) of the Care of Cathedrals (Supplementary Provisions) Measure 1994 and an injunction under section 13(4) of the former Measure or section 6(3) of the latter Measure”.