Ecclesiastical Jurisdiction Measure 1963

4 Appointment of deputy judges. E

(1) [F1 Where the Dean of the Arches and Auditor or any chancellor is for any reason unable to act as such, or the office of the Dean or any chancellor is vacant], the archbishops of Canterbury and York in the former case, and the bishop of the diocese concerned in the latter, may appoint a fit and proper person to act as deputy Dean of the Arches and Auditor or deputy chancellor of such diocese as the case may be during [F1 the period of inability or vacancy], and every person so appointed shall have all the powers and perform all the duties of the [F1 office in respect of which he is appointed to act as deputy].

F2 [( 1A ) The Dean of the Arches and Auditor F3 ... may, with the consent of the Archbishops of Canterbury and York F3 ... appoint a fit and proper person to act as deputy Dean of the Arches and Auditor F3 ... for such period not exceeding twelve months or for such purpose as may be specified in the instrument of appointment, and during that period or for that purpose every person so appointed shall have all the powers and perform all the duties of the office [F4 of Dean of the Arches and Auditor]].

[F5 (1B) Any chancellor may, with the consent of the bishop of the diocese, appoint, in writing, a fit and proper person to act as deputy chancellor of the diocese and any person so appointed shall have all the powers and perform all the duties of the office of chancellor.

(1C) The appointment of a deputy chancellor appointed under subsection (1B) of this section shall continue so long as the chancellor who appointed the deputy chancellor continues in office and, thereafter, for the period of three months beginning with the date on which the chancellor ceases to hold office or until the deputy chancellor attains the age at which the chancellor would be required to vacate the office of chancellor under section 2(4) of this Measure, whichever is sooner, but a deputy chancellor—

(a) may resign the office of deputy chancellor by notice in writing addressed to the chancellor,

(b) may be removed by the chancellor, after consultation with the bishop, if the chancellor considers that the deputy is incapable of acting or unfit to act, and

(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 the deputy chancellor attains the said age or, as the case may be, the three months period referred to above expires, as if the date of the conclusion in the court of those proceedings or that cause, as the case may be, were the date on which that age is attained or, as the case may be, that period has expired.]

(2) Every deputy judge appointed to act pursuant to the provisions of the foregoing [F6 subsections]shall be qualified as hereinbefore provided with respect to the person whose functions he is appointed to perform and, before he enters on the execution of his office, such deputy shall take and subscribe such oaths . . . F7 as are required to be taken, . . . F7 and subscribed by the Dean of the Arches and Auditor or by a chancellor of a diocese, as the case may be, under the preceding provisions of this Measure in manner thereby appointed, and such oaths . . . F7 shall be recorded in the like manner.

Textual Amendments

F1 Words in s. 4(1) expressed to be inserted (1.3.1993) for the words from the beginning to "any chancellor" by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(a)(i) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York

Words in s. 4(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. 4(a)(ii);Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York

Words in s. 4(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. 4(a)(iii);Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York

F2 S. 4(1A) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(b) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York

F3 Words in s. 4(1A) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(4), 16(2); S.I. 2006/2, Instrument made by Archbishops

F4 Words in s. 4(1A) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(4), 16(2); S.I. 2006/2, Instrument made by Archbishops

F5 S. 4(1B)(1C) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 7(5), 16(2); S.I. 2006/2, Instrument made by Archbishops

F6 Word in s. 4(2) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 4(c);Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York

F7 Words repealed by Church of England (Worship and Doctrine) Measure 1974 (No. 3), Sch. 2