(1)The judges of the Arches Court of Canterbury and the Chancery Court of York respectively shall be [F1as set out in subsection (2) of this section], but proceedings which, by virtue of the following provisions of this Measure, are cognisable by either of those Courts shall be heard and disposed of by such of the judges thereof as may be determined in accordance with those provisions.
(2)Of the judges of each of the said Courts—
(a)one, who shall be a judge of both Courts (and, in respect of his jurisdiction in the province of Canterbury shall be styled Dean of the Arches and, in respect of his jurisdiction in the province of York, shall be styled Auditor, and is hereinafter referred to in this Measure as the Dean of the Arches and Auditor), shall be appointed by the archbishops of Canterbury and York jointly with the approval of Her Majesty signified by warrant under the sign manual;
(b)two shall be persons in holy orders appointed by the [F2president of tribunals from among the persons serving on the provincial panel ] of the relevant province;
(c)two shall be laymen appointed by the [F3president of tribunals from among the persons serving on the provincial panel of the relevant province];
F4[(d)the others shall be all the diocesan chancellors appointed under section 2 of this Measure (in whichever province), except the chancellor of the diocese in Europe;]
(3)A person appointed to be Dean of the Arches and Auditor shall be either a [F5person who [F6holds or] has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,]or a person who [F6holds or] has held high judicial office, and, before appointing a layman, the archbishops of Canterbury and York shall satisfy themselves that he is a communicant.
(4)Before the [F7president of tribunals appoints a person to be a judge of either of the said Courts under paragraph (c) of subsection (2) of this section], he shall satisfy himself that that person is a communicant.
(5)The appointment of any person [F8under paragraph (a), (b) or (c) of subsection (2) of this section] to be a judge of either of the said Courts shall be [F9for 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], but—
(a)the Dean of the Arches and Auditor—
(i)may resign his office by instrument in writing under his hand addressed to, and served on, the archbishops of Canterbury and York;
(ii)may be removed by the archbishops of Canterbury and York jointly if the Upper Houses of the Convocations of the provinces of Canterbury and York each resolve that he is incapable of acting or unfit to act;
(b)any other judge of either of the said Courts—
(i)may resign his office by instrument in writing under his hand addressed to, and served on, the archbishop of the relevant province;
(ii)may be removed by the archbishop of that province if the [F10president of tribunals determines] that he is incapable of acting or unfit to act;
[F11(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.]
(6)[F12The Dean of the Arches and Auditor and every chancellor of a diocese shall, before he enters on the execution of his office as a judge of the said Courts],—
(a)take F13. . .,—
(i)before the archbishop of Canterbury in the presence of the registrar of the province of Canterbury and before the archbishop of York in the presence of the registrar of the province of York; or
(ii)in open court in both of those provinces in the presence of the registrar of the province;
the oaths set out in Part I of the First Schedule to this Measure; . . . F14
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
(7)[F16A person appointed under paragraph (b) or (c) of subsection (2) of this section] to hold the office of judge of either of the said Courts shall, before he enters on the execution of his office,—
(a)take F13. . . the said oaths either before the archbishop of the relevant province and in the presence of the registrar of that province or in open court in the presence of that registrar; . . . F14
(b) . . . F15
(8)A provincial registrar shall record the taking . . . F14F17. . ., of an oath . . . F14 in his presence in pursuance of either of the two last foregoing subsections.
Textual Amendments
F1Words in s. 3(1) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(a) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F2Words in s. 3(2)(b) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 3(a) (with s. 47); S.I. 2005/6, Instrument made by Archbishops
F3Words in s. 3(2)(c) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 3(b) (with s. 47); S.I. 2005/6, Instrument made by Archbishops
F4S. 3(2)(d) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(b) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F5Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 18(1)
F6Words in s. 3(3) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(c) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F7Words in s. 3(4) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 3(c) (with s. 47); S.I. 2005/6, Instrument made by Archbishops
F8Words in s. 3(5) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(d) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F9Words substituted by Ecclesiastical Judges and Legal Officers Measure 1976 (No. 2), s. 1(2)(3) except in relation to any person who holds the office of judge of either of the courts mentioned in this subsection on 25.4.1976
F10Words in s. 3(5)(b)(ii) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 3(d) (with s. 47); S.I. 2005/6, Instrument made by Archbishops
F11S. 3(5)(c) inserted by Ecclesiastical Judges and Legal Officers Measure 1976 (No. 2), s. 1(2)
F12Words in s. 3(6) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(e) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F13Words in s. 3(6)(7) repealed (1.9.1995) by 1995 No. 2, s. 9(b)(i); Instrument dated 26.7.1995 made by Archbishops of Canterbury and York
F14Words repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3), Sch. 2
F15S. 3(6)(b)(7)(b) repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3), Sch. 2
F16Words in s. 3(7) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 3(f) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F17Words in 3(8) repealed (1.9.1995) by 1995 No. 2, s. 9(b)(ii); Instrument dated 26.7.1995 made by Archbishops of Canterbury and York