Church of England (Miscellaneous Provisions) Measure 2018 No. 7

Ecclesiastical jurisdiction E

7 Provincial courts: decisions to be treated as taken by each Court E

(1) After section 14 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, insert—

“14A Decisions treated as taken by each Court

(1) A decision of the Arches Court of Canterbury or the Chancery Court of York is to be treated by the other Court, and by the lower ecclesiastical courts in the province of the other Court, as if it were a decision which the other Court had itself taken.

(2) The reference to a decision of the Arches Court of Canterbury or the Chancery Court of York is a reference to a decision taken by it in the exercise of—

(a) its jurisdiction under section 14(1), (2) or (3), or

(b) its jurisdiction under section 7 of the Ecclesiastical Jurisdiction Measure 1963 (disciplinary jurisdiction).

(3) “Lower ecclesiastical court”, in relation to a province, means—

(a) the Vicar-General's court of the province (including as constituted in accordance with the Clergy Discipline Measure 2003),

(b) the consistory court for a diocese in the province, or

(c) a disciplinary tribunal within the province.”

(2) In section 7 of the Ecclesiastical Jurisdiction Measure 1963 (Arches Court and Chancery Court: disciplinary jurisdiction), after subsection (3) insert—

“(3A) For provision as to how a decision of either of those Courts in the exercise of its jurisdiction under this section is to be treated in the province of the other Court, see section 14A of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.”

(3) This section applies to a decision of the Arches Court of Canterbury or the Chancery Court of York made before the commencement of this section (as well as to a decision made afterwards).

Commencement Information

I1 S. 7 in force at 1.3.2019 by S.I. 2019/67, art. 2(1)(f)