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Incumbents (Vacation of Benefices) Measure 1977

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Version Superseded: 01/09/1994

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Point in time view as at 01/02/1991.

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SCHEDULEU.K. CONSTITUTION AND PROCEDURE OF DIOCESAN COMMITTEES AND PROVINCIAL TRIBUNALS

Part IU.K. Consitution of Diocesan Committees

1The members of a diocesan committee of enquiry shall consist of—

(a)three clerks in Holy Orders nominated in accordance with paragraph 3 below from the persons on the panel of clerks in Holy Orders appointed in accordance with paragraph 2 below; and

(b)two lay persons so nominated from the persons on the panel of lay persons so appointed.

2(1)As soon as practicable after the passing of this Measure and after the next and every subsequent election of diocesan synods—

(a)the house of clergy of each such synod shall, in such manner as that house may determine, appoint from among the clerks in Holy Orders beneficed in or licensed to any parish in the diocese twelve persons to form the panel of clerks in Holy Orders qualified to be members of a diocesan committee of enquiry for the purposes of this Measure; and

(b)the house of laity of each such synod shall, in such manner as that house may determine, appoint from among the persons whose names are on the church electoral roll of any parish in the diocese twelve persons to form the panel of lay persons qualified to be members of such a committee.

(2)Subject to sub-paragraph (3) below, persons appointed to any such panel shall hold office for a term ending with the appointment of their successors and, on a casual vacancy among the persons appointed under this paragraph by either house, another person shall be appointed in his place, in such manner as that house may determine, for the remainder of that term.

(3)If at the date of the making of appointments under this paragraph an enquiry is pending before any such committee, the members of that committee shall continue to be qualified to act as such until the completion of the enquiry.

3(1)The secretary of the diocesan synod shall constitute a diocesan committee of enquiry by nominating the requisite number of members from the panels referred to in paragraph 2 above, the nominations to be made in rotation in accordance with the alphabetical order of the surnames of the persons thereon.

(2)Any person so nominated may refuse to accept the nomination if in his opinion it would not be right for him to serve as a member of the committee which is to conduct the enquiry in question.

(3)The secretary of the diocesan synod shall send a list of the proposed members to the incumbent concerned and shall inform him of his right of objection under paragraph 4 below and of the period within which the right must be exercised.

4(1)The incumbent concerned may, within ten days after a list of the proposed members is sent to him, object to any one or more of them by sending to the said secretary a written notice specifying the member or members to whom he objects and stating, in relation to that member or each of those members, as the case may be, the grounds of his objection.

(2)If notice of objection is duly given under sub-paragraph (1) above, the said secretary shall refer the matter to the chancellor of the diocese in which the parish in question is situated for him to determine whether the objection is reasonable and should accordingly be allowed, and his decision shall be final.

(3)For the purpose of enabling him to decide whether the objection is reasonable, the chancellor may require the incumbent to supply him with such information as he may specify.

(4)Where, in the case of any person objected to by the incumbent, the chancellor decides that the objection should be allowed, the said secretary shall nominate another person from the appropriate panel to serve in place of that member and shall inform the incumbent of the name of the person nominated.

(5)Subject to sub-paragraph (6) below, the incumbent may within ten days after he is informed of the name of the proposed member nominated under sub-paragraph (4) above object to that member by sending to the said secretary a written notice stating the grounds of his objection, and sub-paragraphs (2) to (4) above shall have effect where notice of objection is duly given under this sub-paragraph as they have effect where such a notice is so given under sub-paragraph (1) above.

(6)The incumbent shall not be entitled to object to a person nominated under sub-paragraph (4) above if, were the objection to be allowed, the result would be that the committee could not be constituted, there being no other person on the appropriate panel available for nomination as a member of the committee.

5In the case of an enquiry under Part I of this Measure, the said secretary shall, as soon as the diocesan committee which is to conduct the enquiry has been constituted, send a list of the members to—

(a)the archdeacon concerned; and

(b)the designated representative, if any, and

(c)the secretary of the parochal church council of the parish to which the enquiry relates.

Part IIU.K. Constitution of Provincial Tribunals

6(1)A provincial tribunal shall consist of five persons appointed by the Vicar-General of the province in which the parish in question is situated.

(2)Of the five persons to be so appointed—

(a)one, who shall be the chairman, shall be either the chancellor of a diocese in the province for which the tribunal is to be appointed, other than the diocese in which the parish in question is situated, or a Queen’s Counsel who is a communicant member of the Church of England;

(b)two shall be clerks in Holy Orders beneficed in or licensed to a parish in a diocese in that province other than the diocese aforesaid; and

(c)two shall be lay persons who are communicant members of the Church of England and who reside in a diocese in that province other than the diocese aforesaid.

7(1)Where in accordance with section 5(4) of this Measure an incumbent informs the secretary of the diocesan synod that he elects for an enquiry which concerns him to be conducted by a provincial tribunal, the said secretary shall request the Vicar-General of the province to constitute the tribunal in accordance with paragraph 6 above and to send him a list of the names and addresses of the proposed members.

(2)On receiving such list the said secretary shall send a copy of it to the incumbent concerned and shall inform him of his right of objection under paragraph 8 below and of the period within which the right must be exercised.

8(1)The incumbent concerned may, within three weeks after a list of the proposed members is sent to him, object to any one or more of them by sending to the said secretary a written notice specifying the member or members to whom he objects and stating, in relation to that member or each of those members, as the case may be, the grounds of his objection.

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

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

(4)Where, in the case of any member objected to by the incumbent, the Vicar-General decides that the objection should be allowed, the said secretary shall request the Vicar-General mentioned in paragraph 6(1) above to appoint another person having the appropriate qualifications to serve in place of that member and to inform him of the name and address of the person appointed, and on receiving that information the said secretary shall inform the incumbent of the name and address of that person.

(5)The incumbent may within three weeks after he is informed of the name of the proposed member appointed under sub-paragraph (4) above object to that member by sending to the said secretary a written notice stating the grounds of his objection, and sub-paragraphs (2) to (4) above shall have effect where a notice of objection is duly given under this sub-paragraph as they have effect where such a notice is so given under sub-paragraph (1) above.

9As soon as the provincial tribunal which is to conduct an enquiry has been constituted the said secretary shall send a list of the members to the incumbent concerned, the persons mentioned in paragraph 5 above and the person who is to act as secretary of the tribunal.

10The Synodical Secretary of the Convocation of Canterbury or some other person nominated by him shall act as secretary of any tribunal constituted under this Part of this Schedule to conduct an enquiry into the pastoral situation in a parish in the province of Canterbury, and the Synodal Secretary of the Convocation of York or some other person nominated by him shall act as secretary of any tribunal so constituted to conduct an enquiry into the pastoral situation in a parish in the province of York.

Part IIIU.K. Procedure

11A diocesan committee of enquiry (hereafter referred to as “the committee”) shall elect a chairman and shall apppoint one of its members to act as secretary of the commitee.

12(1)Any person may make written representations to the committee or the provincial tribunal (hereafter referred to as “the tribunal”).

(2)Where any person, other than the incumbent concerned, makes written representations to the committee or tribunal, the incumbent concerned shall be entitled to be supplied with a copy of those representations and within three weeks after such copy is supplied to him to send his comments thereon in writing to the committee or tribunal, as the case may be.

13(1)The incumbent concerned shall be entitled to appear before, and to be heard by, the committee or tribunal, to give oral evidence in the proceedings on the enquiry and to call witnesses.

(2)The committee or tribunal—

(a)shall, at the written request of any other party to the proceedings on the enquiry, invite any person named in the request to address it or give oral evidence in those proceedings or both; and

(b)may invite any other person who may in its opinion be able to assist it to address it or give such evidence or both.

(3)The tribunal may require oral evidence by any person in such proceedings to be given on oath and for that purpose the chairman of the tribunal may administer oaths.

(4)The incumbent concerned shall be entitled to attend any meeting of the committee or tribunal at which any other person is to give evidence to, or be heard by, the committee or tribunal and, unless represented by counsel or a solicitor, to put questions to that person.

14(1)Subject to sub-paragraphs (2) and (3) below, the proceedings at any meeting of the committee or tribunal shall be held in private.

(2)If the incumbent concerned so requests, the proceedings at any meeting of the committee or tribunal, being a meeting at which the committee or tribunal hears him or any other person invited to address it or receives oral evidence, shall be held in public.

(3)The committee or tribunal by which an enquiry under Part I of this Measure was conducted shall pronounce its findings in public.

15(1)Not less than fourteen days’ notice of the date, time and place at which any meeting of the committee or tribunal is to be held, being a meeting at which the committee or tribunal intends to hear any person, to receive oral evidence or to pronounce its findings, shall be given to the bishop, the incumbent concerned, the secretary of the parochial church council of any parish belonging to the benefice of which the incumbent concerned is the incumbent, the archdeacon in whose archdeaconry any such parish is and the designated representative, if any.

(2)A notice under this paragraph shall state that the person to whom the notice is given and, in the case of a notice given to the designated representative, that the other person specified in the relevant request as being willing to act as a representative of the persons making the request, may attend the meeting to which the notice relates.

(3)Where the request for an enquiry under Part I of this Measure was made by the persons mentioned in section 1(1)(c) or (d) thereof, none of those persons shall, subject to sub-paragraph (2) above, be entitled to attend any meeting of the committee or tribunal by which the enquiry is being conducted without the consent of the chairman of the committee or tribunal, as the case may be, unless the meeting is one which is held in public by virtue of paragraph 14(2) or (3) above.

16(1)If during the course of any enquiry any one member of the committee or tribunal, as the case may be, dies or becomes incapable of acting as such, then, subject to sub-paragraph (2) below, a fresh enquiry shall be instituted unless either—

(a)before the occurrence of the death or incapacity the committee or tribunal had agreed on its findings and on the recommendations to be made in its report to the bishop under section 9 of this Measure; or

(b)all the parties to the proceedings on the enquiry consent to the continuation of those proceedings.

(2)If, in the case of an enquiry conducted by the tribunal, it is the chairman of the tribunal who dies or becomes incapable of acting as such, sub-paragraph 1(b) above shall not apply.

(3)The findings of the committee or tribunal may be pronounced by a single member of the committee or tribunal, as the case may be.

17For the purposes of this Part of this Schedule the parties to proceedings on an enquiry are—

(a)the incumbent concerned;

(b)the parochial church council of the parish to which the enquiry relates;

(c)where the request for the enquiry was made by the person mentioned in section 1(1)(b) of this Measure, that person;

(d)where the request for the enquiry was made by the persons mentioned in section 1(1)(c) or (d) thereof, the persons specified in the request as being willing to act as the representatives of the first mentioned persons.

18Subject to the provisions of this Measure and of any rules made under section 18 thereof, the procedure of the committee or tribunal at and in connection with its meetings shall be such as the committee or tribunal, as the case may be, may from time to time determine.

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