Ecclesiastical Clergy Discipline Measure Report


Schedule 1—Amendment of Ecclesiastical Jurisdiction Measure 1963

Section 44(2).  Amendment of Ecclesiastical Jurisdiction Measure 1963

1 The Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1) shall be amended as follows.

2 In section 1(1) after the words "original jurisdiction" there shall be inserted the words "in non-disciplinary matters".

3 In section 3—

(a)in subsection (2)(b) for the words "prolocutor of the Lower House of the Convocation" there shall be substituted the words "president of tribunals from among the persons serving on the provincial panel";

(b)in subsection (2)(c) for the words from "Chairman" to "appropriate" there shall be substituted the words "president of tribunals from among the persons serving on the provincial panel of the relevant province";

(c)in subsection (4) for the words from "Chairman" to "Courts" there shall be substituted the words "president of tribunals appoints a person to be a judge of either of the said Courts under paragraph (c) of subsection (2) of this section";

(d)in subsection (5)(b)(ii) for the words from "Upper" to "resolves" there shall be substituted the words "president of tribunals determines".

4 In section 7—

(a)in subsection (1A) after the word "York" there shall be inserted the words "(including that Court as constituted in accordance with the Clergy Discipline Measure 2003");

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

"(1B) Each of the said Courts shall also have jurisdiction to hear and determine appeals from judgments, orders or decrees of disciplinary tribunals within the provinces for which they are constituted respectively.".

(c)in subsection (2) for the words from "(a) in a civil suit" to the end there shall be substituted the words—"(a)in a disciplinary case, at the instance of any party to the proceedings on a question of law and the defendant on a question of fact;

(b)in any other case, at the instance of any party to the proceedings but only with the leave of the consistory court or the Vicar-General's Court as the case may be or, if leave is refused by that court, of the Dean of the Arches and Auditor".

5 In section 12—

(a)after the words "consistory court" there shall be inserted the words ", Vicar-General's court or disciplinary tribunal";

(b)for the words "or officers of any such court" there shall be substituted the words ", members or officers of any such court or tribunal".

6 In section 47—

(a)in subsection (1) for the words from "shall" to "in any other case," there shall be substituted the words "under this Measure shall be heard and disposed of";

(b)in subsection (2) for the words from the beginning to "proceedings" there shall be substituted the words "Proceedings under this Measure".

7 In section 49(3) for the words from the beginning to "ceremonial" there shall be substituted the words "In proceedings under this Measure".

8 In section 50 after the word "pronounced" there shall be inserted the words "in pursuance of proceedings under this Measure".

9 In section 52 after the word "deposed" there shall be inserted the words "under this Measure".

10 In section 66(1) at the end there shall be inserted the words—

"disciplinary tribunal", "president of tribunals" and "provincial panel" have the same meanings as in the Clergy Discipline Measure 2003".

11 In section 67 the words from "shall be determined in accordance" to "between each other" shall be omitted.

12 In section 69 for the words "Parts IV, V and VI" there shall be substituted the words "Part VI".

13 In section 74(1) after the words "this Measure" there shall be inserted the words "for a specified time".

14 In section 76(1) after the words "this Measure" there shall be inserted the words "for a specified time".


 
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Prepared 4 April 2003