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Part IE Retirement for Incapacity

2 Powers of bishop.E

(1)In any case where the cathedral chapter have reported that it is desirable that the dignitary should retire from his office the bishop shall have power within six months from the receipt of the report—

(a)if the office held by the dignitary is one the right of appointment to which is vested in His Majesty, to petition His Majesty to declare the office vacant, and thereupon it shall be lawful for His Majesty by Order in Council to make such a declaration;

(b)in any other case, himself to execute an instrument in the prescribed form declaring the office vacant as from a date specified in the declaration not being less than three nor more than six months after the date thereof:

Provided that the bishop shall not present such a petition or execute such an instrument unless he is satisfied that the provisions hereinafter contained respecting the pensioning of the dignitary will be fulfilled.

(2)The bishop shall cause a record of the exercise by him of a power under subsection (1) of this section and a copy of every declaration of vacation of an office made by him or on his petition, to be filed in the registry of the diocese.