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Incumbents (Vacation of Benefices) Measure 1977

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[F1Right of objectionE

5(1)The incumbent may, within three weeks after a list of the proposed members is sent under paragraph 4(3), object to one or more of them by sending the secretary of the diocesan synod a written notice—E

(a)specifying the member or members to whom the incumbent objects, and

(b)stating, in relation to that member or in relation to each of them, the grounds of objection.

(2)If notice of objection is duly given under sub-paragraph (1), the secretary shall refer the matter to the Vicar-General of the province other than that for which the tribunal is to be appointed, for the Vicar-General to determine whether the objection is reasonable and should accordingly be allowed; and the Vicar-General's decision is final.

(3)For the purpose of deciding whether the objection is reasonable, the Vicar-General may require the incumbent to supply such information as the Vicar-General may specify.

(4)Where the Vicar-General decides that the objection to a member should be allowed, the secretary shall request the Vicar-General mentioned in paragraph 3(1)—

(a)to appoint another person having the appropriate qualifications to serve in place of that member, and

(b)to inform the secretary of the name and address of the person appointed.

(5)On receiving information under sub-paragraph (4)(b), the secretary shall inform the incumbent of the name and address of the person appointed.

(6)The incumbent may, within three weeks of receiving information under sub-paragraph (5), object to the person appointed by sending the secretary a written notice stating the grounds of objection; and sub-paragraphs (2) to (5) have effect in relation to the notice as if it were a notice given under sub-paragraph (1).

(7)But the incumbent is not entitled to object under sub-paragraph (6) to a person appointed from a panel appointed under paragraph 1 if, were the objection to be allowed, it would not be possible to constitute the tribunal because there would be no other person on that panel available for appointment as a member of the tribunal.]

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