Modifications etc. (not altering text)
C1Sch. 3 modified by Cathedrals Measure 1963 (No. 2), s. 12(3) (as substituted (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 10;Instrument dated 27.5.1992 made by Archbishops of Canterbury and York.
Sch. 3 modified (30.6.1999) by 1999 No. 1, ss. 12(4), 38(2)(3) (with ss. 33, 37, 38(5)(6))
43(1)In the carrying out of these rules in any diocese the bishop of such diocese shall have power:—
(a)to make provision for any matter not herein provided for;
(b)to appoint a person to do any act in respect of which there has been any neglect or default on the part of any person or body charged with any duty under these rules;
(c)so far as may be necessary for the purpose of giving effect to the intention of these rules, to extend or alter the time for holding any meeting or election or to modify the procedure laid down by these rules in connection therewith [F1provided that such power shall not be exercised in relation to the conduct of the elections referred to in Rules 33 and 39 of these Rules;]
[F2(d)[F3Subject to (c) above] in any case in which any difficulties arise, to give any directions which he may consider expedient for the purpose of removing the difficulties.]
(2)The powers of the bishop under this rule shall not enable him:—
(a)to validate anything that was invalid at the time when it was done;
(b)to give any direction that is contrary to any resolution of the General Synod.
(3)No proceedings of any body constituted under these rules shall be invalidated by any vacancy in the membership of that body or by any defect in the qualification, election or appointment of any members thereof.
(4)No proceedings shall be invalidated by the use of a form which differs from that prescribed by these rules if the form which has in fact been used is to a substantially similar effect. Any question as to whether the form which has been used is to a substantially similar effect shall be determined by the bishop.
(5)In the case of an omission in any parish to prepare or maintain a roll or form or maintain a council or to hold the annual meeting, the rural dean upon such omission being brought to his notice shall ascertain and report to the bishop the cause thereof.
[F4(6)During a vacancy in an archbishopric or where by reason of illness an archbishop is unable to exercise his functions under these rules or to appoint a commissary under paragraph (10) of this rule the functions of an archbishop under these rules shall be exercisable by the other archbishop.
(7)During a vacancy in a diocesan bishopric the functions of a diocesan bishop under these rules, including his functions as [F5president of] the diocesan synod, shall be exercisable by such person, being a person in episcopal orders, as the archbishop of the province may appoint.
(8)Where by reason of illness a diocesan bishop is unable to exercise his functions under these rules or to appoint a commissary under paragraph (10) of this rule, the archbishop of the province may, if he thinks it necessary or expedient to do so, appoint a person in episcopal orders to exercise the functions mentioned in paragraph (7) of this rule during the period of the bishop’s illness.
(9)If a person appointed in pursuance of paragraph (7) or (8) of this rule becomes unable by reason of illness to act under the appointment, the archbishop may revoke the appointment and make a fresh one.
(10)An archbishop or diocesan bishop may appoint a commissary and delegate to him all or any of the functions of the archbishop or bishop under these rules, but if a bishop proposes to delegate to a commissary his functions as [F5president of] the diocesan synod he shall appoint a person in episcopal orders as commissary.
(11)If a person appointed in pursuance of paragraph (7) or (8) of this rule, or a person to whom the functions of a bishop as [F6president of the diocesan synod are delegated under paragraph (10) thereof], is a member of the house of clergy of the diocesan synod, his membership of that house shall be suspended during the period for which the appointment or delegation has effect.].
[F7(12)The preceding provisions of this rule shall have effect in the diocese in Europe as if the references to such of these rules as apply in that diocese, and subject to paragraph (6) of the rule, the powers of an archbishop under this rule shall, as respects that diocese, be exercisable by the Archbishop of Canterbury.]
Textual Amendments
F1Words inserted by S.I. 1984/1039, para. 28
F2Sch. 3 rule 43(1)(d) omitted and para. (e) renumbered (d) as provided by S.I. 1989/2094, para. 16(1)(2)
F3Words inserted by S.I. 1989/2094, para. 16(1)(2)
F4Rule 43(6)—(11) substituted for rule 43(6)(7) by S.I. 1973/1865, para. 29
F5Words substituted by S.I. 1980/178, para. 16(1)
F6Words substituted by S.I. 1980/178, para. 16(2)
F7Rule 43(12) inserted by Diocese in Europe Measure 1980 (No. 2, SIF 21:1), Sch. 2 para. 7