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Ecclesiastical Jurisdiction Measure 1963

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Changes over time for: Section 77

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Version Superseded: 01/01/2006

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77 Inhibition pendente lite.E

(1)In every case in which a priest or deacon is accused of an offence under this Measure, or in a temporal court, of any criminal offence or any act constituting an ecclesiastical offence, and it shall appear to any bishop in whose diocese the accused holds any preferment that from the nature of the offence charged it is desirable in the interests of the Church that he should take action under this section, it shall be lawful for such bishop at any time during which proceedings in respect of any such charge are pending to cause a notice to be served on such clerk inhibiting him from performing any services of the Church within his diocese from and after the date specified in such notice, and such inhibition shall extend until the said proceedings are concluded.

(2)When a notice in accordance with the foregoing subsection is served upon a priest who is the incumbent of a benefice, it shall be lawful for such priest within fourteen clear days after service of the said notice to nominate to the bishop a fit person or persons to perform all such services of the Church during the period in which he shall be inhibited as aforesaid, and if the bishop shall deem the person or persons so nominated fit for the performance of such services, he shall grant his licence to him or them accordingly.

(3)During any period before a person is nominated pursuant to the last foregoing subsection or in case a person shall not be so nominated, or in case the bishop shall not deem the person or persons so nominated fit for the performance of such services, the bishop shall make such provision for the services of the Church as to him shall seem necessary.

(4)The bishop may at any time revoke a notice of inhibition or a licence granted by him under the powers conferred on him by this section, and if he revokes such licence he shall forthwith serve a notice of such revocation on the person to whom the licence was granted, and on the incumbent of the benefice, and subsections (2) and (3) of this section shall apply as if such notice were a notice served under subsection (1) of this section.

(5)Where a priest or deacon is inhibited under the provisions of this section he shall not interfere with any person performing the services of the Church under the provisions of subsection (2) or (3) of this section.

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