Ecclesiastical Judges and Legal Officers Measure 1976
| Jurisdiction | UK Non-devolved |
| Citation | measure 1976 No. 2 |
Ecclesiastical Judges andLegal Officers Measure 1976
A MEASURE passed by the General Synod of the Church of England to regulate the age of retirement from the office of judge of an ecclesiastical court; to make provision for limiting the number of chancellorships to be held by one person; to make fresh provision with respect to the other legal officers of the Church of England; and for purposes connected with the matters aforesaid.
[25th March 1976]
1 Retiring age for judges of ecclesiastical courts.
(1) In subsection (4) of section 2 of the Ecclesiastical Jurisdiction Measure 1963 (appointment of person to be chancellor of diocese to be without limit of time subject to provisions as to resignation or removal from office), for the words ‘without limit of time’ there shall be substituted the words ‘for the period beginning with the date of the appointment and ending with the date on which he attains the age of seventy-five years’; and at the end of that subsection there shall be inserted the following paragraph:—
‘( c ) may continue to act as chancellor for the purpose of any proceedings or cause of faculty in the consistory court of the diocese during the course of which he attains the age of seventy-five years as if the date of the conclusion in that court of those proceedings or that cause, as the case may be, were the date on which he attains that age’.
(2) In subsection (5) of section 3 of the said Measure of 1963 (appointment of person to be judge of the Arches Court of Canterbury or the Chancery Court of York to be without limit of time subject to provisions as to resignation or removal from office), for the words ‘without limit of time’ there shall be substituted the words ‘for a period beginning with the date of the appointment and ending with the date on which that person attains the age of seventy-five years’; and at the end of that subsection there shall be inserted the following paragraph:—
‘( c ) any judge of either of the said Courts may continue to act as a judge thereof for the purpose of any proceedings in that Court during the course of which he attains the age of seventy-five years as if the date of the conclusion in that Court of those proceedings were the date on which he attains that age’.
(3) The amendments made by subsection (1) above shall not have effect in relation to any person who holds the office of chancellor of a diocese, or, in the case of the diocese of Canterbury, commissary general, at the commencement of this Measure, and the amendments made by subsection (2) above shall not have effect in relation to any person who holds the office of judge of either of the Courts mentioned in that subsection at the said commencement.
2 Number of chancellorships to be held by one person may be limited.
After section 2 of the Ecclesiastical Jurisdiction Measure 1963there shall be inserted the following section:—
2A ‘Number of chancellorships to be held by one person may be limited.
(1) Regulations made by the House of Bishops of the General Synod may make provision with respect to the maximum number of chancellorships of dioceses which any one person may hold.
(2) Nothing in any regulation made under this section shall be taken as prohibiting any person who at the date on which the regulation comes into force holds more than the maximum number of chancellorships prescribed by the regulation from continuing to hold such offices.
(3) Regulations made under this section shall be laid before the General Synod and shall not come into operation until they have been approved by the General Synod.
(4) The Statutory Instruments Act 1946 shall apply to any regulations approved under subsection (3) of this section as if they were a statutory instrument and were made when so approved, and as if this Measure were an Act providing that any such regulations should be subject to annulment in pursuance of a resolution of either House of Parliament.’
3 Office of registrar of a province.
(1) For each of the provinces there shall be an office the holder of which shall be known as the registrar of the province of Canterbury or the registrar of the province of York, as the case may be, and the holder of that office shall also be the legal adviser to the archbishop of the province.
(2) The registrar of a province shall perform the functions conferred or imposed by or under any enactment or Cannon on such registrar or on the registrar of the provincial court and the functions previously performed by the archbishop's legal secretary.
(3) The registrar of a province shall be appointed by the archbishop of the province, but before making any such appointment the archbishop shall consult the standing committee of the General Synod.
(4) The office of registrar of a province may be held by two persons jointly, but either of those persons may perform any of the functions mentioned in subsection (2) above.
To continue reading
Request your trial