Incumbents (Vacation of Benefices) (Amendment) Measure 1993
Jurisdiction | UK Non-devolved |
Citation | measure 1993 No. 1 |
Year | 1993 |
- “(1A) An enquiry under this Part of this Measure shall only be undertaken after the persons concerned have had an opportunity to resolve the pastoral situation in the parish in question; and, accordingly, a request for such an enquiry shall not be made unless notice of intention to make the request has been given by the person or persons concerned to the bishop of the diocese in which the parish in question is at least six months, and not more than twelve months, before the request is made.
- “(7) A request made under this section may be withdrawn by notice in writing given to the bishop of the diocese in which the parish in question is and the secretary of the diocesan synod of that diocese by—
- (a) in the case of a request made by the person mentioned in subsection (1) (a) or (b) above, that person;
- (b) in the case of a request made by the persons mentioned in subsection (1) (c) above, a majority of the lay members of the parochial church council of the parish present and voting at a duly convened meeting of that council on a resolution that the request be withdrawn;
- (c) in the case of a request made by the persons mentioned in subsection (1) (d) above, by a majority of the members of the bishop’s council and standing committee of the diocesan synod of the diocese in which the parish is, and where a request is withdrawn under this subsection no further steps shall be taken under this Part of this Measure in connection with the request.
- “(1A) If, within the period of six months after the relevant date, the bishop neither gives a direction under subsection (1) above nor notifies the secretary of the diocesan synod that he has decided not to give such a direction, such a direction shall be deemed to have been given.
- (1B) In this section “relevant date” means—
- (a) in either of the cases described in subsection (1) (a) above, the date on which the request was made;
- (b) in the case described in subsection (1) (b) above, the date on which the report was made;
- (c) in the case described in subsection (1) (c) or (d) above, the date on which the bishop is informed that, notwithstanding that the archdeacon did not report that in his opinion an enquiry under this Part of this Measure should be instituted, such an enquiry is nevertheless required.
- “(1) Subject to the following provisions of this section, where—
- (a) the bishop of a diocese has instructed the secretary of the diocesan synod to institute an enquiry under Part II of this Measure; or
- (b) the tribunal by which an enquiry under Part I of this Measure was conducted has reported to the bishop in accordance with section 9(2) of this Measure, and it appears to the bishop that it is desirable in the interests of the Church of England that he should take action under this section, it shall be lawful for the bishop to cause a notice to be served on the incumbent who is the subject of the enquiry inhibiting him from executing or performing without the consent of the bishop any such right or duty of or incidental to his office as the bishop may specify.
To continue reading
Request your trial