7 Jurisdiction of Arches and Chancery Courts.E
(1)The Arches Court of Canterbury and the Chancery Court of York each have jurisdiction to hear and determine appeals from judgments, orders or decrees of consistory courts of dioceses within the provinces for which they are constituted respectively, being judgments, orders or decrees given, made or pronounced—
(a)in such proceedings as are mentioned in paragraphs F1... (d) and (e) of subsection (1) of the last foregoing section, or
(b)in causes of faculty not involving matter of doctrine, ritual or ceremonial. [F2or (c) in proceedings for an injunction under section 13(4) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 or for a restoration order under section 13(5) of that Measure, and from interlocutory orders of those consistory courts in causes of faculty involving matter of doctrine, ritual or ceremonial;]
[F3(1A)Each of the said Courts shall also have jurisdiction to hear and determine appeals from judgments, orders or decrees of the Vicar-General’s court of the province of Canterbury or York [F4 (including that Court as constituted in accordance with the Clergy Discipline Measure 2003 ], as the case may be.]
[F5(1B)Each of the said Courts shall also have jurisdiction to hear and determine appeals from judgments, orders or decrees of disciplinary tribunals within the provinces for which they are constituted respectively.]
(2)An appeal which, by virtue of this section, either of the said Courts has jurisdiction to entertain lies—
[F6(a)in a disciplinary case, at the instance of any party to the proceedings on a question of law and the defendant on a question of fact;
(b)in any other case, at the instance of any party to the proceedings but only with the leave of the consistory court or the Vicar-General’s Court as the case may be or, if leave is refused by that court, of the Dean of the Arches and Auditor.]
(3)Appeals under this section shall be lodged and conducted in such manner as may be prescribed.
Textual Amendments
F1Words in s. 7(1)(a) repealed (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 2 (with s. 47); S.I. 2005/6, Instrument made by Archbishops
F2Words in s. 7(1) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 8(1), Sch. 4 para. 6(a) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York
F3S. 7(1A) inserted (1.10.1994) by 1994 No. 2, s. 8, Sch. para. 2(a);Instrument dated 25.7.1994 made by Archbishops of Canterbury and York
F4Words in s. 7(1A) inserted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 4(a) (with s. 47); S.I. 2005/6, Instrument made by Archbishops
F5S. 7(1B) inserted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 4(b) (with s. 47); S.I. 2005/6, Instrument made by Archbishops
F6Words in s. 7(2) substituted (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), s. 48(2), Sch. 1 para. 4(c) (with s. 47); S.I. 2005/6, Instrument made by Archbishops