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Incumbents (Vacation of Benefices) Measure 1977

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11 Powers of bishop in cases of disability of incumbent.E

(1)The provisions of this section shall have effect where the [F1committee or] tribunal by which an enquiry under Part I or II of this Measure was conducted reports to the bishop that in its opinion the incumbent concerned is unable by reason of age or infirmity of mind or body to discharge adequately the duties attaching to his benefice.

(2)Subject to subsection (3) below, the bishop may—

(a)notify the incumbent concerned that it is desirable that he should resign his benefice; or

(b)with the consent of the incumbent concerned, appoint and license an assistant curate to assist the incumbent; or

(c)give the incumbent concerned leave of absence for a period not exceeding two years and make provision for the discharge of the duties attaching to the benefice during that period; or

(d)make such other temporary provision for the discharge of those duties as the bishop thinks fit.

(3)The bishop shall not exercise the power conferred on him by subsection (2)(a) above unless the [F1committee or] tribunal recommended that it was desirable that the incumbent concerned should resign his benefice.

(4)Where the incumbent concerned holds two or more benefices in plurality, then, without prejudice to section 17(4) of the M1Pastoral Measure 1968 (which makes provision with respect to the resignation of benefices held in plurality), the bishop may, if he thinks fit, include both or all of those benefices in a notification given by him to the incumbent under subsection (2)(a) above notwithstanding that the recommendation of the [F1committee or] tribunal related to one only of them.

(5)An incumbent who is notified by the bishop under this section that it is desirable that he should resign his benefice or benefices shall execute a deed resigning it or them as from such date as may be specified in the deed, being a date not later than three months after the date on which the deed is executed.

(6)Where the bishop notifies an incumbent under this section that it is desirable that he should resign his benefice or benefices, and the incumbent refuses or fails within one month after the notification is given to resign it or them in accordance with subsection (5) above, the bishop shall execute a declaration of avoidance declaring the benefice or benefices, as the case may be, vacant as from a date specified in the declaration, being a date not less than three or more than six months after the date on which the declaration is made.

(7)Where the bishop requests an incumbent under this section to consent to the appointment of an assistant curate and the incumbent refuses or fails within one month after the request is made to comply with it, the bishop shall execute a declaration of avoidance declaring the benefice vacant as from the date mentioned in subsection (6) above.

(8)Where the incumbent concerned holds two or more benefices in plurality, the bishop may, if he thinks fit, include both or all of those benefices in a declaration executed by him under subsection (7) above.

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