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Church Dignitaries (Retirement) Measure 1949

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[F114 Provisions where dignitary also an incumbent.E

(1)Where a dignitary, being a dean, provost or archdeacon, is also the incumbent of a parochial benefice, a declaration of vacation of his office as dean, provost or archdeacon made under this Measure shall have the effect also of vacating his benefice, whether the office is annexed to the benefice or the benefice to the office.

(2)Where a dignitary, being an archdeacon, canon or prebendary,—

(a)is also the incumbent of a parochial benefice, and

(b)resigns his benefice consequent upon a notification from the bishop under subsection (2)(a) of section 11 of the Incumbents (Vacation of Benefices) Measure 1977 (powers of bishop where enquiry under that Measure results in a finding of mental or physical incapacity), or the bishop has declared his benefice vacant under that section,

the powers of the bishop under section 2 of this Measure shall be exercisable as if the report of the diocesan committee of provincial tribunal under the said Measure of 1977 had been a report by the cathedral chapter under this Measure, and the bishop may execute an instrument declaring the archdeaconry, canonry or prebend, as the case may be, vacant in accordance with that section or, if the case so requires, petition Her Majesty to make such a declaration, and there shall be no appeal against the exercise of those powers by the bishop.]

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