Part I The Ecclesiastical Judicial System
The Judges of the Courts constituted by this Measure
3 Judges of the Arches and Chancery Courts.
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 F14president of tribunals from among the persons serving on the provincial panel of the relevant province;
c
two shall be laymen appointed by the F15president of tribunals from among the persons serving on the provincial panel of the relevant province;
F2d
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 F3person who F4holds 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 F4holds 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 F16president 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 F5under paragraph (a), (b) or (c) of subsection (2) of this section to be a judge of either of the said Courts shall be F6for 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 F17president of tribunals determines that he is incapable of acting or unfit to act;
F7c
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
F8The 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 F9. . .,—
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; . . . F10
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
7
F12A 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
b
. . . F11