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Ecclesiastical Jurisdiction Measure 1963

1963 ukcm 1 · Enacted 31 July 1963 · Extends to England

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 17 May 2024.

See the changes not yet applied
ProvisionChangeMade by
s. 84word substitutedChannel Islands Measure 2020 s. 2(1)(c)
MeasurecontinuedClergy Conduct Measure 2026 s. 2(2)
s. 3(1)words substitutedClergy Conduct Measure 2026 Sch. 1 para. 3(2)
s. 3(2)(b)substitutedClergy Conduct Measure 2026 Sch. 1 para. 3(3)
s. 7(1A)words substitutedClergy Conduct Measure 2026 Sch. 1 para. 4(2)
s. 7(2)(a)words substitutedClergy Conduct Measure 2026 Sch. 1 para. 4(3)
s. 60(2)words substitutedClergy Conduct Measure 2026 Sch. 1 para. 5
s. 66(1)words substitutedClergy Conduct Measure 2026 Sch. 1 para. 6

A Measure passed by The National Assembly of the Church of England to reform and reconstruct the system of ecclesiastical courts of the Church of England, to replace with new provisions the existing enactments relating to ecclesiastical discipline, to abolish certain obsolete jurisdictions and fees, and for purposes connected therewith.

[31st July 1963]C1C2I1C3

Annotations to the whole text

Modifications

C1

Power exercisable under this Measure by Convocations of Canterbury and York and the Houses thereof continued by Synodical Government Measure 1969 (No. 2) s. 3(6)

C2

Measure extended by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 20(9)

Measure extended (prosp.) by 1993 Measure No. 2, ss. 5, 12(2)

C3

Measure applied (1.7.2012) by Mission and Pastoral Measure 2011 (No. 3), ss. 34(9), 112(3) (with ss. 100, 105(4), 107, 108(6), Schs. 8); S.I. 2012/1, art. 2

Commencement

I1

Measure not in force at Royal Assent see s. 88(1); Measure wholly in force at 1.3.1965

Contents

  1. Part I: The Ecclesiastical Judicial System
  2. The Courts
  3. 1The ecclesiastical courts.
  4. The Judges of the Courts constituted by this Measure
  5. 2Judge of consistory court. Repealed
  6. 2ANumber of chancellorships to be held by one person may be limited. Repealed
  7. 3Judges of the Arches and Chancery Courts.
  8. 4Appointment of deputy judges. Repealed
  9. 5Judges of the Court of Ecclesiastical Causes Reserved. Repealed
  10. Jurisdiction of the Courts
  11. 6Jurisdiction of the consistory court. Repealed
  12. 7Jurisdiction of Arches and Chancery Courts.
  13. 8Appellate jurisdiction of Her Majesty in Council. Repealed
  14. 9Jurisdiction of commissions of convocation. Repealed
  15. 10Jurisdiction of Court of Ecclesiastical Causes Reserved.
  16. 11Jurisdiction of Her Majesty to review findings of Court of Ecclesiastical Causes Reserved
  17. Miscellaneous Provisions relating to the Courts and the Judges
  18. 12Disciplinary tribunals to be unaffected by vacation of see
  19. 13Certain judges to be ex officio officials principal. Repealed
  20. Part II: Offences cognisable under the Measure and Provisions as to Persons chargeable therewith
  21. 14Offences under the Measure.
  22. 15Place where offence committed.
  23. 16Limitation of time for institution of proceedings under the Measure.
  24. 17Persons against whom proceedings may be instituted.
  25. Part III: Institution of Proceedings in respect of Offences under the Measure
  26. 18Mode of instituting proceedings.
  27. 19Persons by whom proceedings against a priest or deacon may be instituted.
  28. 20Persons by whom proceedings against an archbishop or bishop may be instituted.
  29. 21Supplementary provisions in special cases.
  30. Part IV: Conduct of Proceedings against Priests or Deacons for offences under the Measure not involving Matter of Doctrine, Ritual or Ceremonial.
  31. Scope of Part IV Repealed
  32. 22Scope of Part IV. Repealed
  33. Procedure under Part IV after Laying of Complaint Repealed
  34. 23Duty of diocesan upon the making of complaint. Repealed
  35. 24Inquiry into complaint by examiner. Repealed
  36. 25Appointment of person to promote complaint. Repealed
  37. 26Contents of articles. Repealed
  38. 27Power of chancellor to nominate trial judge in lieu of himself. Repealed
  39. 28Conduct of trial under Part IV. Repealed
  40. 29New Trial. Repealed
  41. Examiners and Assessors Repealed
  42. 30Constitution of panels of examiners and assessors, &c. Repealed
  43. Power of Diocesan to pronounce Sentence by Consent Repealed
  44. 31Power of diocesan to pronounce sentence by consent. Repealed
  45. Part V: Conduct of Proceedings against Bishops for Offences under the Measure not involving Matter of Doctrine, Ritual or Ceremonial
  46. Scope of Part V Repealed
  47. 32Scope of Part V. Repealed
  48. Procedure under Part V after Laying of Complaint Repealed
  49. 33Inquiry into complaint by episcopal committee. Repealed
  50. 34Contents of articles. Repealed
  51. 35Appointment of commission of convocation. Repealed
  52. 36Conduct of trial by commission of convocation. Repealed
  53. 37Proceedings in Upper House of Convocation upon finding of commission of convocation. Repealed
  54. Part VI: Conduct of Proceedings against Deacons, Priests or Bishops for Offences under the Measure involving Matter of Doctrine, Ritual or Ceremonial
  55. Scope of Part VI
  56. 38Scope of Part VI.
  57. Procedure under Part VI after Laying of Complaint
  58. 39Duty of diocesan upon the making of a complaint against a deacon or priest.
  59. 40Duty of archbishop upon the making of a complaint against a bishop.
  60. 41Complaint against an archbishop to stand referred for inquiry.
  61. 42Inquiry into complaint by committee of convocation.
  62. 43Appointment, of person to promote complaint.
  63. 44Contents of articles.
  64. 45Conduct of trial under Part VI.
  65. Part VII: Other Proceedings
  66. 46Proceedings in consistory court not falling within Part IV. Repealed
  67. 47Proceedings in Arches and Chancery Courts.
  68. 48Proceedings before Commissions of Review.
  69. Part VIII: Censures
  70. 49Censures.
  71. 50Power of bishop to depose priest or deacon from Holy Orders.
  72. 51Power to depose archbishop or bishop from Holy Orders.
  73. 52Effect of deposition.
  74. 53Restoration on pardon.
  75. 54Disobedience to censure. Repealed
  76. Part IX: Deprivation consequent upon certain Judgments, Orders or Decrees of Secular Courts
  77. 55Deprivation of priest or deacon following certain proceedings in secular courts. Repealed
  78. 56Deprivation of bishop or archbishop following certain proceedings in secular courts. Repealed
  79. 57Consequences of declarations under this Part of this Measure. Repealed
  80. Part X: Costs
  81. 58Payment of costs of bishop and promoter by Commissioners.
  82. 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  83. 60Powers of courts and commissions in regard to costs.
  84. 61Recovery of costs.
  85. 62Payment of expenses of courts, &c. by Central Board.
  86. 63Fees payable in connection with proceedings under this Measure.
  87. Part XI: Rule Committee
  88. 64The Rule Committee.
  89. 65Functions of the Rule Committee. Repealed
  90. Part XII: Miscellaneous and General
  91. 66Interpretation.
  92. 67Rules for determining seniority of diocesan bishops.
  93. 68Exercise of powers of diocesans during vacation of sees. Repealed
  94. 69Criminal proceedings in ecclesiastical courts to be taken only in accordance with this Measure.
  95. 70Nominated persons to have exclusive right to promote complaint.
  96. 71Performance of ecclesiastical duties during suspension or inhibition.
  97. 72Occupation of parsonage house by person appointed by bishop.
  98. 73Suspension of censure pending appeal.
  99. 74Restrictions during a period of suspension or inhibition.
  100. 75Provisions as to lapse on avoidance of preferment.
  101. 76Rights of patronage during suspension or inhibition.
  102. 77Inhibition pendente lite. Repealed
  103. 78Recording of declarations, resolutions and censures.
  104. 79When convictions, orders or findings are to be deemed conclusive. Repealed
  105. 80Place where courts, &c. are to sit.
  106. 81Evidence and general powers and rights of courts and commissions.
  107. 82Abolition of obsolete jurisdictions, courts, &c. Repealed
  108. 83Savings.
  109. 84Exclusion of Channel Islands.
  110. 85Provisions as to diocese of Sodor and Man.
  111. 86Amendments of other enactments.
  112. 87Repeals.
  113. 88Commencement. Repealed
  114. 89Short title.
  115. Schedule FIRST: Oaths to be taken . . . . . ., by Judges of Consistory, Arches and Chancery Courts
  116. IOaths to be taken . . . by all Judges
  117. II. . . . . . . . . . . . . . . . . . . . . . . . Part II. . . . . . . . . . . . . . . . . . . . . . . .
  118. Schedule SECOND: Examiners and Assessors
  119. Part I: Provision of Examiners under Part IV of the Measure Repealed
  120. 1Paragraph 1 Repealed
  121. 2Paragraph 2 Repealed
  122. 3Paragraph 3 Repealed
  123. 4Paragraph 4 Repealed
  124. Part II: Provision of Assessors to sit with Consistory Court under Part IV of the Measure Repealed
  125. 5Paragraph 5 Repealed
  126. 6Paragraph 6 Repealed
  127. 7Paragraph 7 Repealed
  128. 8Paragraph 8 Repealed
  129. 9Paragraph 9 Repealed
  130. 10Paragraph 10 Repealed
  131. Schedule THIRDSchedule THIRD
  132. Schedule FOURTH: Amendments of Other Enactments.
  134. ...
  135. The Clerical Disabilities Act, 1870.
  136. The Benefices Act, 1898.
  137. ...
  138. Schedule FIFTHEnactments Repealed