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Ecclesiastical Jurisdiction Act of 1963

Ecclesiastical Jurisdiction Act of 1963

Persons Against Whom Proceedings May be Instituted.

Proceedings under this Measure may be instituted against an archbishop, any diocesan bishop or any suffragan bishop commissioned by a diocesan bishop or any other bishop or a priest or deacon who, when the offence was alleged to have been committed or when the proceedings are instituted, held or holds preferment in any diocese or resided or resides therein as the case may be.

Part III

Institution of Proceedings in respect of Offences under the Measure

18

Mode of instituting proceedings.

(1)

Proceedings charging an offence under this Measure shall be instituted in the case of an archbishop or a bishop by way of complaint laid before the registrar of the relevant province and in the case of a priest or deacon by way of complaint laid before the registrar of any diocese in which the accused held or holds preferment or in which he resided or resides at the date when the alleged offence was committed or at the date of such complaint.

(2)

A complaint laid in accordance with the provisions of the preceding subsection shall be in writing in the prescribed form, contain the prescribed particulars of the offence the commission of which is alleged therein and be verified on oath.

(3)

A copy of the complaint duly laid and verified shall be served on the accused forthwith after it is laid.

19

Persons by whom proceedings against a priest or deacon may be instituted.

Proceedings against a priest or deacon may be instituted by the following persons, that is to say:—

(a)

in all cases by an authorised complainant; or

(b)

in the case of any priest or deacon who is an incumbent of a parochial benefice, a stipendiary curate licensed to a benefice or a curate in charge of a conventional district, by six or more persons of full age whose names are on the electoral roll either of the parish of that benefice or of the district as the case may be; or

(c)

in the case of a stipendiary curate licensed to a benefice, by the incumbent of that benefice.

20

Persons by whom proceedings against an archbishop or bishop may be instituted.

Proceedings against an archbishop or a bishop may be instituted by the following persons, that is to say:—

(a)

in the case of an archbishop:—

(i)

save in respect of any act or omission in relation to his duties as diocesan by not less than two of his comprovincial diocesan bishops; or

(ii)

save in respect of any act or omission in relation to his duties as metropolitan by not less than ten persons of whom not less than five are incumbents in the diocese of the accused and not less than five are lay members of the [F53diocesan synod] of such diocese; or

(b)

in the case of a diocesan bishop other than an archbishop:—

(i)

by an authorised complainant; or

(ii)

by not less than ten persons of whom not less than five are incumbents in the diocese of the accused and not less than five are lay members of the [F53diocesan synod] of such diocese; or

(c)

in the case of a suffragan bishop:—

(i)

by the bishop who commissioned him; or

(ii)

by an authorised complainant; or

(iii)

by not less than ten persons of whom not less than five are incumbents in the diocese of the bishop by whom the accused is commissioned and not less than five are lay members of the [F53diocesan synod] of such diocese; or

(iv)

if he is the incumbent of a parochial benefice by six or more persons of full age whose names are on the electoral roll of that parish; or

(d)

in the case of any other bishop:—

(i)

by the bishop of the diocese in which the accused holds preferment or resides; or

(ii)

by an authorised complainant; or

(iii)

if he is the incumbent of a parochial benefice by six or more persons of full age whose names are on the electoral roll of that parish.

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