Incumbents (Discipline) Measure, 1947
| Jurisdiction | UK Non-devolved |
| Citation | measure 1947 No. 1 |
| Year | 1947 |
Incumbents (Discipline) Measure, 1947
(10 & 11 Geo. 6.)
A MEASURE passed by the National Assembly of the Church of England
To amend the law for the enforcement of Church discipline in the case of incumbents.
[18th February 1947]
1 Definitions.
For the purposes of this Measure—
(1) the expression ‘benefice’ comprehends all rectories with cure of souls vicarages perpetual curacies endowed public chapels and parochial chapelries and chapelries or districts belonging or reputed to belong or annexed or reputed to be annexed to any church or chapel and districts formed for ecclesiastical purposes by virtue of statutory authority and includes benefices in the patronage of the Crown or of the Duchy of Cornwall but does not extend to any of His Majesty's Royal Chapels or to any Royal peculiar nor to any cathedral or capitular preferment or dignity nor to any chapel belonging to any college school hospital inn of court asylum or public or charitable institution nor to any private chapel;
(2) the expression ‘bishop’ means the bishop of the diocese in which the benefice concerned is situate;
(3) the expression ‘incumbent’ includes in relation to a benefice a rector with cure of souls, vicar, perpetual curate, curate in charge or minister;
(4) the expression ‘Ministerial Committee’ means the Ministerial Committee constituted under the Incumbents (Disability) Measure 1945 ;
(5) the expression ‘patron’ in relation to any benefice means the person or persons who would for the time being be entitled otherwise than by lapse, to present or collate to that benefice, if it were then vacant, and includes—
(i) in any case where the right to present or collate is vested in different persons jointly, every person whose concurrence would be required for the exercise of the joint right; and
(ii) in any case where the patronage is vested in different persons by way of alternate or successive rights of presentation or collation, every person who would be entitled to present or collate on the next, or any successive turn.
(6) the expression ‘prescribed’ means prescribed by rules made in pursuance of this Measure;
Part I.
General Provisions .
2 Subject matter of proceedings.
Proceedings may be instituted under this Measure against the incumbent of any benefice in respect of conduct unbecoming the character of a clerk in Holy Orders or of serious, persistent or continuous neglect of duty, whether or not cognisable under the Clergy Discipline Act, 1892, or any other Act or Measure; but not
(i) in respect of any act or omission which took place more than three years before the complaint in writing made under section four of this Measure; nor
(ii) in respect of any question of doctrine, ritual or ceremonial, or of the social or political opinions of the incumbent.
3 Persons qualified to take proceedings.
Any of the following persons shall be qualified to institute proceedings against an incumbent under this Measure:—
(i) any person appointed for the purpose on each occasion by the bishop;
(ii) a churchwarden of any parish in which the incumbent has the cure of souls;
(iii) the patron of any benefice held by the incumbent;
(iv) any three communicant members of the Church of England of twenty-one years of age and upwards on the electoral roll of any parish in which the incumbent has the cure of souls.
4 Preliminary consideration by bishop.
(1) Any qualified person desirous of instituting proceedings under this Measure shall in the first instance make a complaint in writing to the bishop, who shall then consider whether he can deal with it satisfactorily without recourse to proceedings under this Measure.
(2) If after giving the incumbent an opportunity of discussing the complaint with him the bishop is of the opinion that the matter should be considered by the Ministerial Committee he may refer the complaint to that Committee and shall inform the incumbent of the names of its ordinary and reserve members, and if the incumbent within seven days shall state to the bishop in writing any objection to one or more members, the bishop may, if he approve the reasons for such objection, disqualify such member or members from serving on that occasion.
5 Ministerial Committee to investigate complaint
(1) If a complaint be referred by the bishop to the Ministerial Committee, they shall consider the same and shall invite the incumbent concerned and the complainant to confer with them, either separately or together, and after such conference or after there has been a reasonable opportunity for such conference, the Ministerial Committee shall in writing either—
(i) inform the bishop, the complainant and the incumbent that in their opinion there is nothing in the complaint which would justify further proceedings; or
(ii) request the complainant to specify his charges in the prescribed manner for trial by a Special Court constituted in manner laid down by the Schedule hereto and notify the incumbent that such request has been made.
(2) Either the incumbent or the complainant may, if he so desires, be assisted or represented by a friend or adviser at any meeting of the Ministerial Committee at which he is invited to be present.
(3) Every meeting of the Ministerial Committee under this Measure shall be held outside the parish of the incumbent concerned.
6 Report of Ministerial Committee.
(1) If the complainant at the request of the Ministerial Committee shall within one month specify his charges in the prescribed manner the Committee shall consider the same and shall if in their opinion any of the charges should be tried by a Special Court, send a copy thereof to the bishop with a recommendation that the charges be so dealt with.
Provided that the Ministerial Committee shall not recommend that any charge be tried by such Special Court unless at least four members of the Committee shall have voted in favour of such recommendation.
(2) Copies of the report made to the bishop shall be sent by the Ministerial Committee to the incumbent and to the complainant at the same time as the report is sent to the bishop.
7 Incumbent's reply to charges and notice by bishop of intention to proceed.
(1) Within fifteen days after receiving the report of the Ministerial Committee, or within such extended period as the bishop may allow, the incumbent shall deliver to the bishop his answer to the charges in the prescribed manner.
(2) At any time within fifteen days after the expiration of the period allowed to the incumbent for replying to the charges the bishop may give to the complainant and to the incumbent notice of his intention to refer the charges to a Special Court constituted in accordance with the provisions of the Schedule hereto.
8 Personal investigation by bishop.
(1) At any time before the expiration of fifteen days from the date of service of the notice required by subsection (2) of the last preceding section the incumbent may in writing request the bishop himself to deal with the charges, and, after consultation with the complainant, the bishop, if willing himself to deal with the charges, shall not constitute a Special Court, but after giving the complainant and the incumbent an opportunity of conferring with him separately or together and after considering the charges in person shall decide whether any of them has been admitted or proved.
(2) In a case in which charges are dealt with by the bishop in person under this section—
(i) the proceedings shall be private and informal, and shall be conducted in such manner as the bishop may think fit;
(ii) if the bishop shall decide that any of the charges are established, he may exercise any of the powers given to him by section ten of this Measure;
(iii) there shall be no appeal against any decision by the bishop nor against any exercise of his powers under section ten of this Measure in consequence of such decision;
(iv) the bishop shall give public notice in such manner as he thinks fit both of his decision and of the manner in which he intends to exercise his powers under section ten of this Measure.
(3) In any other case, the charges shall be referred by the bishop to a Special Court constituted in accordance with the Schedule of this Measure, and in that event the bishop shall authorise the complainant or with the consent of the complainant any other person or persons to conduct the proceedings as promoter.
9 Proceedings of Special Court.
(1) The bishop shall give not less than fifteen days' notice to the promoter and the incumbent of the time and place at which he shall have directed a Special Court to meet for the hearing of the charges.
(2) The Special Court shall inquire into and report to the bishop upon the charges made by the promoter.
(3) A Special Court shall have the same powers of administering oaths and of requiring the production of documents as are exercisable by the High Court of Justice.
(4) The proceedings of a Special Court shall be public except that—
(i) the Court may of its own motion or at the request of either party, direct that any of the evidence shall be heard in private, and
(ii) at the request of both parties, the whole of the proceedings may, if the Court so direct, be held in private.
(5) The decision of the Court shall be that of the majority of its...
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