Ecclesiastical Jurisdiction Measure 1963

[F1 55 Deprivation of priest or deacon following certain proceedings in secular courts. E

(1) Where a priest or deacon—

(a) is convicted of an offence and a sentence of imprisonment (whether suspended or not) is passed on him; or

(b) has a decree of divorce or judicial separation granted against him and the court granting the decree held that the fact on which his wife was entitled to rely was that mentioned in paragraph (a) (adultery), paragraph (b) (behaviour in such a way that the petitioner cannot reasonably be expected to live with the respondent) or paragraph (c) (desertion) of section 1(2) of the M1 Matrimonial Causes Act 1973 and, in the case of divorce, the decree has been made absolute; or

(c) is found to have committed adultery in a matrimonial cause; or

(d) has an affiliation order made against him; or

(e) has [F2 an order made against him under section 2 of the Domestic Proceedings and Magistrates’ Courts Act 1978]; or

(f) has an order under section 27 of the M2 Matrimonial Causes Act 1973 (wilful neglect by party to marriage to maintain other party or child of the family) made against him,

he shall be liable without further trial to deprivation and disqualification, that is to say, deprivation as from the date on which the sentence, decree, finding or order becomes conclusive of any preferment then held by him and, whether or not he then holds preferment but subject to section 49(5) of this Measure, disqualified from holding preferment.

(2) Where a priest or deacon is liable to deprivation and disqualification by virtue of subsection (1) of this section, then F3 . . . the bishop of the relevant diocese shall refer the case to the archbishop of the relevant province with his own recommendation as to the action to be taken and send him a copy of any representations which the priest or deacon may have made to him in writing.

(3) [F4 Subject to the provisions of the following subsection] the archbishop to whom a case is referred under subsection (2) of this section shall F5 . . . make a declaration of deprivation and disqualification in relation to the priest or deacon concerned unless on consideration of all the circumstances, including the recommendation of the bishop of the relevant diocese and any representations a copy of which has been sent to him under that subsection, he determines that no such declaration shall be made.

Where the archbishop so determines he shall inform the priest or deacon concerned and the bishop of the relevant diocese.

[F6 (3A) A declaration shall not be made under this section after the expiry of the period of three years beginning with the date on which the sentence, decree, finding or order, as the case may be, becomes conclusive.]

(4) Where a declaration is to be made under this section, it shall be made by the archbishop or, if the archbishop so directs, by the bishop of the relevant diocese as his commissary, and before making it the archbishop or bishop shall require the registrar of his province or the registrar of his diocese, as the case may be, to give (if it is practicable to do so) not less than fourteen days’ notice in writing to the priest or deacon concerned of the time and place at which the declaration will be made, and if the priest or deacon appears at that time and place he shall be entitled to be present when the declaration is made.

(5) When making a declaration under this section the archbishop or bishop shall be attended by the registrar of his province or the registrar of his diocese, as the case may be.

The declaration shall be reduced to writing and a copy thereof shall be filed in the registry of the relevant diocese.

(6) The functions exercisable under this section by an archbishop shall, during the absence abroad or incapacity through illness of the archbishop or a vacancy in the see, be exercised by the other archbishop.

(7) In this section—

• “affiliation order” means an order under section 44 of the M3 National Assistance Act 1948, section 26 of the M4 Children Act 1948, section 4 of the M5 Affiliation Proceedings Act 1957 . . . F7 section 24 of the M6 Ministry of Social Security Act 1966 [F8 . . . F9 section 19 of the M7 Supplementary Benefits Act 1976][F10 or section 25 of the Social Security Act 1986];

• “relevant diocese” means—

(a) the diocese in which the priest or deacon, in relation : to whom a declaration may be made under this section, holds preferment at the date on which the sentence, decree, finding or order which justifies the making of the declaration becomes conclusive; or

(b) if at that date he is not holding preferment, but is residing, in a diocese, the diocese in which he is residing at that date; or

(c) if at that date he neither holds preferment nor resides in a diocese, the diocese in which he last held preferment before that date;

• “suspended sentence” means a sentence to which an order under section 39(1) of the M8 Criminal Justice Act 1967 relates.]

Textual Amendments

F1 S. 55 substituted by Ecclesiastical Jurisdiction (Amendment) Measure 1974 (No. 2), s. 1

F2 Words in s. 55(1)(e) substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para.9;Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F3 Words in s. 55(2) omitted (1.6.1992) by virtue of Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 7(a)(i);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F4 Words in s. 55(3) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 7(a)(ii);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F5 Words in s. 55(3) omitted (1.6.1992) by virtue of Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 7(a)(ii);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F6 S. 55(3A) inserted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 7(a)(iii);Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F7 Word repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 7 para. 14

F8 Words inserted by Supplementary Benefits Act 1976 (c. 71), Sch. 7 para. 14

F9 Word repealed by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), 88(1), Sch. 10 para. 40

F10 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), 88(1), Sch. 10 para. 40

Marginal Citations

M1 1973 c. 18.

M2 1973 c. 18.

M3 1948 c. 29.

M4 1948 c. 43.

M5 1957 c. 55.

M6 1966 c. 20.

M7 1976 c. 71.

M8 1967 c. 80.