Ecclesiastical Jurisdiction Measure 1963

Part VIIE Other Proceedings

F146 Proceedings in consistory court not falling within Part IV.E

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Textual Amendments

47 Proceedings in Arches and Chancery Courts.E

[F2(1)Proceedings in the Arches Court of Canterbury or the Chancery Court of York [F3under this Measure shall be heard and disposed of] by the Dean of the Arches and Auditor and two diocesan chancellors designated by him for the purposes of the case.]

[F4(1A)The Dean of the Arches and Auditor sitting alone in either of the said Courts has jurisdiction to make interlocutory ordersF5... .]

(2)[F6Proceedings under this Measure] in the said Court shall be instituted and conducted in such manner as may be prescribed.

Textual Amendments

F3Words in s. 47(1) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 6(a) (with s. 47); S.I. 2005/6, Instrument made by Archbishops

F6Words in s. 47(2) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 6(b) (with s. 47); S.I. 2005/6, Instrument made by Archbishops

48 Proceedings before Commissions of Review.E

(1)Subject to the following provisions of this section all proceedings before a Commission of Review [F7exercising jurisdiction under this Measure] shall be instituted and conducted in such manner as may be prescribed.

(2)In order to give assistance to any Commission of Review in reviewing [F8under this Measure] any decision of the Court of Ecclesiastical Causes Reserved involving a question of doctrine the Upper Houses of the Convocations of the Provinces of Canterbury and of York shall jointly appoint a panel of persons consisting of members of either of the Upper Houses and also if thought fit of theologians who are not members of either of the Upper Houses in such numbers as the Upper Houses may jointly determine.

(3)When any review by a Commission of Review [F9under this Measure] involves a question of doctrine the Commission shall request five persons selected by it from the panel appointed under subsection (2) of this section to sit with it as advisers and to give such assistance on the matters of doctrine involved in the review as the Commission may require.

(4)The judgment of the Commission shall be according to the opinion of the majority of the members thereof and each member of the Commission shall state his own opinion on the question under review.

(5)In the exercise of its jurisdiction under this Measure a Commission of Review shall not be bound by any decision of the Judicial Committee of the Privy Council in relation to matter of doctrine, ritual or cermonial.

(6)A decision of a previous Commission of Review [F10under this Measure or the Ecclesiastical Jurisdiction and Care of Churches Measure 2018] shall be binding on a Commission subsequently appointed [F11under this Measure] in any matter which shall, by virtue of this Measure, be within the jurisdiction of such Commission except in regard to a matter on which new information or evidence is adduced which was not before the Commission on the previous occasion.

Textual Amendments