Incumbents (Vacation of Benefices) Measure 1977

Part I E Consitution of Diocesan Committees

1 The 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.

5 In 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.