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Ecclesiastical Jurisdiction and Care of Churches Measure 2018

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This is the original version (as it was originally enacted).

14Jurisdiction

(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 in the province concerned—

(a)in proceedings for obtaining a faculty, or

(b)in proceedings of the kind mentioned in section 7(1)(d) or (h),

unless the appeal to any extent relates to matter involving doctrine, ritual or ceremonial (as to which, see section 18).

(2)The Arches Court of Canterbury has jurisdiction to hear and determine an appeal from a judgment, order or decree of the Vicar-General’s court of Canterbury (except as constituted in accordance with the Clergy Discipline Measure 2003).

(3)The Chancery Court of York has jurisdiction to hear and determine an appeal from a judgment, order or decree of the Vicar-General’s court of York (except as constituted in accordance with the Clergy Discipline Measure 2003).

(4)An appeal under this section may be brought by any party to the proceedings with the permission—

(a)in a case within subsection (1), of the consistory court or the Dean of the Arches and Auditor, or

(b)in a case within subsection (2) or (3), of the Vicar-General’s court or the Dean of the Arches and Auditor.

(5)In proceedings pending in the consistory court of a diocese, the Arches Court of Canterbury or the Chancery Court of York (depending on the province in which the diocese is situated) has jurisdiction, either on its own motion or on the application of a party to the proceedings, to give directions as to the further conduct of the proceedings, if it considers that—

(a)there has been inordinate delay in the conduct of the proceedings, or

(b)it is otherwise in the interests of justice.

(6)In acting under subsection (5), the Court may give any direction which the chancellor has power to give.

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