Incumbents (Vacation of Benefices) Measure 1977

1 Request for enquiry into pastoral situation in a parish. E

(1) A request for an enquiry under this Part of this Measure into the pastoral situation in a parish on the ground that there has been a serious breakdown of the pastoral relationship between the incumbent and his parishioners to which the conduct of the incumbent or of his parishioners or of both has contributed over a substantial period may be made by—

(a) the incumbent of the benefice to which the parish belongs; or

(b) the archdeacon in whose archdeaconry the parish is; or

(c) a majority of not less than two-thirds of the lay members of the parochial church council of the parish present and voting at a duly convened meeting of that council on a resolution that the request be made; or

(d) where the incumbent mentioned in paragraph (a) above is the archdeacon mentioned in paragraph (b) above, a majority of the members of the bishop’s council and standing committee of the diocesan synod of the diocese in which the parish is.

(2) A request for such an enquiry shall be made in writing to the bishop of the diocese in which the parish in question is and the secretary of the diocesan synod of that diocese and shall contain particulars of the facts which appear to the person or persons making the request to justify an enquiry.

(3) A request for such an enquiry made by the persons mentioned in subsection (1)(c) or (d) above must—

(a) be signed by all of those persons and include the address of each of them; and

(b) specify two persons from among those signing the request who are willing to act as representatives of those persons in connection with the enquiry and indicate which of those two is willing to conduct and receive correspondence relating to the enquiry (in this Measure referred to as “the designated representative”).

(4) A request for such an enquiry made by the persons mentioned in subsection (1)(c) above must also contain a statement that the persons who have signed the request constitute a majority of two-thirds or more of those lay members of the parochial church council of the parish in question who were present at a duly convened meeting of that council and voted thereat on a resolution that the request be made.

(5) A request for such an enquiry made by the persons mentioned in subsection (1)(d) above must also contain a statement that the persons who have signed the request constitute a majority of the members of the bishop’s council and standing committee of the diocesan synod of the diocese in which the parish in question is.

(6) Where a request made under this section is received by the secretary of the diocesan synod, he shall notify—

(a) the incumbent of the benefice to which the parish in question belongs, unless it was he who made the request;

(b) the archdeacon in whose archdeaconry that parish is, unless it was he who made the request; and

(c) the secretary of the parochial church council of that parish, unless it was the persons mentioned in subsection (1)(c) above who made the request.