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Section 7 Jurisdiction of Arches and Chancery Courts.

England

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

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F2(1A)

F3The Arches Court of Canterbury and the Chancery Court of York shall each 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 F4(F5... as constituted in accordance with the Clergy Discipline Measure 2003), as the case may be.

F6(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.

(2)

An appeal which, by virtue of this section, either of the said Courts has jurisdiction to entertain lies—

F7(a)

F8... F9with the leave of the court in accordance with section 20(1A) and (1B) of the Clergy Discipline Measure 2003, at the instance of any party to the proceedings on a question of law and the defendant on a question of fact;

F10(b)

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(3)

Appeals under this section shall be lodged and conducted in such manner as may be prescribed.

F11(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.

F12(4)

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(5)

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Annotations

Textual amendments

F1

S. 7(1) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 10(2), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F2

S. 7(1A) inserted (1.10.1994) by 1994 No. 2, s. 8, Sch. para. 2(a);Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F3

Words in s. 7(1A) substituted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 10(3)(a) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F4

Words in s. 7(1A) inserted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 4(a) (with s. 47); S.I. 2005/6, Instrument made by Archbishops

F5

Words in s. 7(1A) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 10(3)(b), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F6

S. 7(1B) inserted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 4(b) (with s. 47); S.I. 2005/6, Instrument made by Archbishops

F7

Words in s. 7(2) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 4(c) (with s. 47); S.I. 2005/6, Instrument made by Archbishops

F8

Words in s. 7(2)(a) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 10(4)(a), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F9

Words in s. 7(2)(a) inserted (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 9(7), 10(2); S.I. 2014/1, art. 2

F10

S. 7(2)(b) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 10(4)(b), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F11

S. 7(3A) inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 7(2), 17(3) (with s. 7(3)); S.I. 2019/67, art. 2(1)(f)

F12

S. 7(4)(5) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 10(4)(c), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2