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Churchwardens Measure 2001

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Commencement Orders yet to be applied to the Churchwardens Measure 2001

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Commencement Orders

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Commencement Orders bringing legislation that affects this Measure into force:

4 Time and manner of choosingE

(1)The churchwardens of a parish shall be chosen annually not later than the 30th April in each year.

(2)Subject to the provisions of this Measure the churchwardens of a parish shall be elected by a meeting of the parishioners.

(3)Candidates for election at the meeting must be nominated and seconded in writing by persons entitled to attend the meeting and each nomination paper must include a statement, signed by the person nominated, to the effect that that person is willing to serve as a churchwarden and is not disqualified under section 2(1), (2) or (3) above.

(4)A nomination shall not be valid unless—

(a)the nomination paper is received by the minister of the parish before the commencement of the meeting; and

(b)in the case of a person who is not qualified by virtue of section 1(3)(a), (b) or (c) above, the bishop’s permission was given under section 1(4) above before the nomination paper is received by the minister of the parish.

(5)If it appears to the minister of the parish that the election of any particular person nominated might give rise to serious difficulties between the minister and that person in the carrying out of their respective functions the minister may, before the election is conducted, make a statement to the effect that only one churchwarden is to be elected by the meeting. In that event one churchwarden shall be appointed by the minister from among the persons nominated, the name of the person so appointed being announced before the election is conducted, and the other shall then be elected by the meeting.

(6)During any period when there is no minister—

(a)subsection (4) above shall apply with the substitution for the words “minister of the parish” of the words “ churchwarden by whom the notice convening the meeting was signed ”; and

(b)subsection (5) above shall not apply.

(7)A person may be chosen to fill a casual vacancy among the churchwardens at any time.

(8)Any person chosen to fill a casual vacancy shall be chosen in the same manner as was the churchwarden whose place he is to fill except that, where the churchwarden concerned was appointed by the minister and the minister has ceased to hold office, the new churchwarden to fill the casual vacancy shall be elected by a meeting of the parishioners.

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