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Benefices Act 1898

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This is the original version (as it was originally enacted).

2Grounds for refusal to institute

(1)A bishop may refuse to institute or admit a presentee to a benefice—

(a)if, at the date of the vacancy, not more than one year has elapsed since a transfer, as defined by the first section of this Act, of the right of patronage of the benefice, unless it be proved that the transfer was not effected in view of the probability of a vacancy within such year; or

(b)on the ground that at the date of presentation not more than three years have elapsed since the presentee was ordained deacon, or that the presentee is unfit for the discharge of the duties of the benefice by reason of physical Or mental infirmity or incapacity, pecuniary embarrassment of a serious character, grave misconduct or neglect of duty in an ecclesiastical office, evil life, having by his conduct caused grave scandal concerning his moral character since his ordination, or having, with reference to the presentation, been knowingly party or privy to any transaction or agreement which is invalid under this Act.

(2)A bishop shall not collate, institute, or admit any person to a benefice until the expiration of one month after notice, in the prescribed manner, that he proposes to collate, institute, or admit such person has been served on the churchwardens of the parish who shall publish the notice in the prescribed manner.

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