Dioceses, Pastoral and Mission Measure 2007

Creation and filling of suffragan sees E

17 Provisions with respect to filling of suffragan sees E

(1) Where the bishop is aware that a see of a suffragan bishop has become vacant or is shortly to become vacant and the bishop thinks, after taking into account the duty imposed on him under section 12 above, that a proposal to fill the vacancy should be considered he shall consult the diocesan synod as to whether the vacancy should be filled, unless the bishop is of the opinion that the matter is urgent and it is not practicable to consult the diocesan synod, in which case he may, instead, consult the bishop's council and standing committee of that diocesan synod.

(2) Where, after consulting the diocesan synod or the bishop's council and standing committee, as the case may be, under subsection (1) above, the bishop decides that the vacancy should be filled he shall notify the archbishop of the province and the Commission of his proposal and give his reasons for it.

(3) The Commission, within the period of two months of being notified as provided in subsection (2) above, shall notify the bishop and the archbishop either that it agrees with the bishop's proposal or that it considers that the bishop's proposal requires further consideration.

(4) If the archbishop informs the bishop within the period of two months of being notified by the Commission as provided in subsection (3) above that he agrees with the Commission's view that the bishop's proposal requires further consideration the provisions of subsections (6) and (7) below shall apply.

(5) If the Commission has notified the bishop and the archbishop under subsection (3) above—

(a) that it agrees with the bishop's proposal, or

(b) that it considers that the proposal needs further consideration and the archbishop has informed the bishop that he does not agree with the Commission's view,

then the bishop may petition Her Majesty to exercise her powers to appoint a suffragan bishop to fill the vacancy under the Suffragan Bishops Act 1534 (26 Hen. 8 c. 14).

(6) Where subsection (4) above applies, the Commission shall prepare a statement of the effect of the proposal to fill the vacancy on the mission of the Church of England if implemented and, in consultation with the Commissioners, an estimate of the financial effect of the proposal and report on the proposal to the bishop, including the statement and estimate in its report.

(7) Section 18(4) to (8) below shall apply to a proposal to which subsection (4) above applies as it applies to a draft scheme under that section.

(8) Nothing in this section shall apply to the see of the suffragan bishop of Dover or to any see intended to be held by a suffragan bishop appointed to act as a provincial episcopal visitor under the Episcopal Ministry Act of Synod 1993.

Commencement Information

I1 S. 17 in force at 1.1.2011 by 2010 No. 4, art. 2(b)

18 Provisions with respect to creation of suffragan sees E

(1) No bishop of a diocese shall petition Her Majesty in Council to direct under the Suffragans Nomination Act 1888 (51 & 52 Vict. c. 56) that a town in his diocese shall be taken and accepted for a see of a suffragan bishop as if it had been included in the Suffragan Bishops Act 1534 (26 Hen. 8 c. 14) unless his proposal to do so is approved by the diocesan synod and the General Synod.

(2) After consulting (if the bishop is not an archbishop) the archbishop of the province the bishop shall send a copy of his proposal, together with a statement of his reasons for making it, to the Commission for it to report thereon.

(3) On receiving such a proposal, the Commission shall prepare a statement of the effect of the proposal on the mission of the Church of England if implemented and, in consultation with the Commissioners, an estimate of the financial effect of the proposal and shall include the statement and estimate in its report.

(4) The bishop shall consider the report of the Commission on the proposal and if he decides to proceed with it he shall lay the proposal before the diocesan synod for its approval.

(5) A copy of the proposal and of the report of the Commission thereon shall be sent to every member of the diocesan synod at least three weeks before the session at which the proposal is considered.

(6) If the proposal is approved by the diocesan synod, the bishop shall lay the proposal before the General Synod for its approval.

(7) A copy of the proposal and of the report of the Commission thereon shall be sent to every member of the General Synod at least fourteen days before the beginning of the group of sessions at which the proposal is considered.

(8) Where the Business Committee of the General Synod determines that the proposal does not need to be debated by the General Synod then, unless notice is given by a member of the General Synod in accordance with its Standing Orders that that member wishes the proposal to be debated, the proposal shall, for the purposes of subsection (6) above, be deemed to have been approved by the General Synod.

Commencement Information

I2 S. 18 in force at 1.9.2008 by 2008 No. 1, Instrument made by Archbishops