Ecclesiastical Jurisdiction and Care of Churches Measure 2018

Cited authorities (194)

Cited in

Amendments (286)

Jurisdiction	UK Non-devolved
Citation	measure 2018 No. 3
Year	2018

Contenidos

Ecclesiastical Jurisdiction and Care of Churches Measure 2018
PART 1: THE ECCLESIASTICAL COURTS

The consistory courts

1: The consistory courts: continuation
2: Judge: appointment
3: Judge: term of office
4: Deputy judge: appointment and term of office
5: Regulations as to maximum number of offices held
6: Judge and deputy judge: oaths
7: Jurisdiction
8: Proceedings

The Arches and Chancery Courts

9: The Arches and Chancery Courts: continuation
10: Judges: appointment
11: The Dean of the Arches and Auditor: term of office
12: Deputy Dean of the Arches and Auditor: appointment and term of office
13: Judges: oaths
14: Jurisdiction
^F3 14A: Decisions treated as taken by each Court
15: Proceedings

The Court of Ecclesiastical Causes Reserved

16: The Court of Ecclesiastical Causes Reserved: continuation
17: Judges: appointment
18: Jurisdiction

Commissions of review

19: Commissions of review: continuation
20: Proceedings

Privy Council appeals

21: Appellate jurisdiction of Her Majesty in Council

Miscellaneous

^F4 21A: Training requirements for ecclesiastical judges
22: Vacancy in see etc
23: Officials Principal etc
24: Place where courts etc to sit
25: Evidence and contempt
26: Costs
27: Other ecclesiastical jurisdictions

PART 2: LEGAL OFFICERS

28: Provincial registrar: continuation of office
29: Provincial registrar: deputy etc
30: Diocesan registrar: continuation
31: Diocesan registrar: deputy
32: Registrars: term of office
33: Regulations as to maximum number of offices held
34: Prohibition on appointment as archdeacon's official principal or registrar

PART 3: CARE OF CHURCHES ETC

General duty

^F5 35: Duty to have regard to church's purpose and environmental protection

Diocesan Advisory Committees

36: Advisory committees: continuation
37: Advisory committees: functions

The list of places of worship

38: The list
39: Application for inclusion in the list
40: Application: who may apply
41: Application: requirements for consent etc
42: Determination of application, removal from list
43: Effect of inclusion in the list
44: The list: supplementary provision

Inspection

45: Scheme for inspection of church or building in the list
46: Inspection: contents etc
47: Archdeacon's power to require inspection of church
48: Power to require inspection of other place of worship

Role of churchwardens, PCCs and archdeacons

49: Role of churchwardens in recording information
50: Role of churchwardens in inspecting fabric etc of church
51: Role of PCC in maintaining etc trees in churchyards
52: Role of archdeacon in convening meeting in a case of default
53: Role of archdeacon in ordering deposit of articles in place of safety

Parochial libraries

54: Preservation etc of parochial libraries

Interpretation

55: Interpretation of Part 3

PART 4: FACULTY JURISDICTION

Application of jurisdiction

56: Churches, churchyards and articles
57: Curtilages of churches
58: Buildings licensed for public worship on or after 1 March 1993
59: Buildings licensed for public worship before 1 March 1993

Procedure

60: Parties to faculty proceedings

Subject-matter of faculty

61: Vesting of privately owned parts of church
62: Demolition of church
63: Emergency demolition of church
64: Erection of building on disused burial ground
65: Exclusive right to burial places
66: Monuments
67: Sale of books in a parochial library

Powers of court

68: Conditions etc on grant of faculty
69: Costs orders against person responsible for act or default
70: Special citation to add party to proceedings
71: Injunction
72: Restoration order
73: Sections 69, 70 and 72: deliberate concealment of facts

Role of archdeacon

74: Exercise of faculty jurisdiction
75: Grant of licence for temporary minor re-ordering
76: Convening meeting in a case of default

Cases where faculty not required

77: Power to specify matters in rules
78: Power of chancellor to specify matters

Supplementary

79: Consultation with advisory committee

Interpretation

80: Interpretation of Part 4

PART 5: MISCELLANEOUS

Rules

81: Rule Committee: continuation and membership
82: Rule Committee: procedure etc
83: Rule Committee: powers to make rules

Fees

84: Fees Advisory Commission: continuation and membership
85: Fees Advisory Commission: term of office and procedure
86: Fees orders
87: Fees: power of chancellor

Burials and consecration

88: Burials in parish burial ground
89: Consecration of ground added to churchyard
90: Reservation of right to burial in land added to churchyard
91: Conditions on reservation under section 90
92: Power of bishop to remove legal effects of consecration
93: Section 92: application to Crown land

^F33 Other matters

93A: Live broadcast of proceedings

PART 6: GENERAL

Procedure

94: Regulations, rules and orders

Interpretation

95: Interpretation

Ancillary provision

96: Consequential amendments
97: Transitional, saving and transitory provision
98: Repeals and revocations

Final provision

99: Commencement
100: Extent
101: Short title

SCHEDULES

SCHEDULE 1: (Section 27) OTHER ECCLESIASTICAL JURISDICTIONS

Revival of amendments made by Care of Cathedrals (Supplementary Provisions) Measure 1994
Amendments of the Ecclesiastical Jurisdiction Measure 1963
Amendments of the Care of Cathedrals Measure 2011

SCHEDULE 2: (Section 36) DIOCESAN ADVISORY COMMITTEE: CONSTITUTION

Name
Membership: appointment
Membership: term of office
Membership: casual vacancies
Membership: co-opting
Consultants
Secretary

SCHEDULE 3: (Section 96) CONSEQUENTIAL AMENDMENTS

PART 1: PRIMARY LEGISLATION

Dioceses, Pastoral and Mission Measure 2007

Mission and Pastoral Measure 2011

Care of Cathedrals Measure 2011

PART 2: PROCEDURAL RULES

Ecclesiastical Jurisdiction (Discipline) Rules 1964 (SI 1964/1755)
Patronage (Benefices) Rules 1987 (SI 1987/773)
Patronage (Appeals) Rules 1988 (SI 1988/1980)
Care of Places of Worship Rules 1999 (SI 1999/2111)
Care of Cathedrals Rules 2006 (SI 2006/1941)
Faculty Jurisdiction Rules 2015 (SI 2015/1568)

PART 3: FEES ORDERS

Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2017 (SI 2017/796)
Legal Officers (Annual Fees) Order 2017 (SI 2017/797)

SCHEDULE 4: (Section 97) TRANSITIONAL, SAVING AND TRANSITORY PROVISIONS

PART 1: TRANSITIONAL AND SAVING PROVISIONS

Continuity of the law
Effect of previous transitionals and savings
Use of existing forms etc
Duplicated repeals

PART 2: TRANSITORY PROVISIONS

Proceedings for determining rights to compensation for loss of office etc

SCHEDULE 5: (Section 98) REPEALS AND REVOCATIONS

Ecclesiastical Jurisdiction and Care of Churches Measure 2018

2018 No. 3

A Measure passed by the General Synod of the Church of England to consolidate with corrections and minor improvements certain enactments relating to ecclesiastical jurisdiction and the care of churches and other places of worship.

[10th May 2018]

PART 1: THE ECCLESIASTICAL COURTS

The consistory courts PART 1

1: The consistory courts: continuation

(1)

For each diocese there is to continue to be a court of the bishop of the diocese.

(2)

The court is to continue to be known as the consistory court of the diocese or, in the case of the diocese of Canterbury, the commissary court of that diocese.

(3)

Accordingly, a reference in this Measure to the consistory court of a diocese is, in the case of the diocese of Canterbury, to be read as a reference to the commissary court of that diocese.

Commencement Information

S. 1 in force at 1.9.2018 by S.I. 2018/720, art. 2

2: Judge: appointment

(1)

The consistory court of a diocese is to be presided over by a single judge, appointed by the bishop of the diocese by letters patent

on the recommendation of the Dean of the Arches and Auditor

(2)

The judge is to continue to be known as the chancellor of the diocese or, in the case of the diocese of Canterbury, the commissary general.

(3)

Accordingly, a reference in this Measure to the chancellor of a diocese is, in the case of the diocese of Canterbury, to be read as a reference to the commissary general.

(4)

A person may be appointed as chancellor of a diocese only if the person—

(a)

holds or has held high judicial office, or

(b)

holds...

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