Letter from the Faculty Office of the
Archbishop of Canterbury to the DEA
I consulted the Master of the Faculties about his
matter. We are, for the most part, content with the proposals
save that, whilst it would be acceptable for the Chancellor of
the High Court to nominate another Judge to exercise his functions
under the section, it would not be appropriate for a Master to
do so. These are after all functions belonging at present to the
Office of the Lord Chancellor. Moreover, this is by way of an
appeal against the decision of the senior judge of the Church
of England. The Master and I, therefore, feel strongly that the
words "or master" should be removed. This would also
make for consistency with the proposal concerning section 5 of
the Public Notaries Act 1843.
With regard to the repeal of section 8 of the 1533
Act, the Master and I are somewhat disappointed with your response.
I can do no better than to refer you back to my letter of 29 March
and also the Master's submission dated 21 April. It is clear from
research done in this office and in the Faculty Office archives
at Lambeth Palace that this section has not been used for over
three centuries and is clearly otiose. It is my understanding
that it is the policy of the Government to repeal legislation
which has not been utilised for a long period and which no longer
has any useful purpose. I hope, therefore, that this matter can
be reconsidered.
29 April 2004
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