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[F1(1)The Arches Court of Canterbury and the Chancery Court of York each have jurisdiction to hear and determine an appeal from a judgment, order or decree of the consistory court of a diocese within the province for which they are constituted respectively—
(a)in a cause of faculty, or
(b)in proceedings of the kind mentioned in section 6(1)(bb), (d) or (e),
unless the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.]
[F2(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[F3 (including that Court as constituted in accordance with the Clergy Discipline Measure 2003 ], as the case may be.]
[F4(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—
[F5(a)in a disciplinary case, [F6 with the leave of the court in accordance with section 20(1A) and (1B) of the Clergy Discipline Measure 2003,] 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 F7... 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.
[F8(4)Each of the appellate courts mentioned in subsection (1) of this section also has jurisdiction, either on its own motion or on the application of any party to proceedings pending in a consistory court, to give directions as to the further conduct of those proceedings if it considers that there has been inordinate delay in the conduct of the proceedings or it is otherwise in the interests of justice.
(5)Subsection (4) enables any directions to be given which could have been given by the chancellor.]
Textual Amendments
F1S. 7(1) substituted (1.4.2015) by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (No. 1), ss. 7(1), 11(2); S.I. 2015/593, art. 2 (with Sch. para. 4)
F2S. 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
F3Words 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
F4S. 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
F5Words 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
F6Words in s. 7(2)(a) inserted (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 9(7), 10(2); S.I. 2014/1, art. 2
F7Words in s. 7(2)(b) omitted (1.4.2015) by virtue of Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (No. 1), ss. 7(2), 11(2); S.I. 2015/593, art. 2 (with Sch. para. 4)
F8S. 7(4)(5) inserted (1.4.2015) by Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (No. 1), ss. 8, 11(2); S.I. 2015/593, art. 2
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