Incumbents (Vacation of Benefices) Measure 1977

3 Institution of enquiry. E

(1) Where—

(a) the request for an enquiry under this Part of this Measure was made by the archdeacon in whose archdeaconry the parish in question is or that archdeacon is the incumbent of the benefice to which the parish in question belongs; or

(b) the archdeacon appointed to act under section 2 of this Measure reports that in his opinion such an enquiry should be instituted; or

(c) within six months after the making of his report the archdeacon informs the bishop that notwithstanding that he did not report as aforesaid he considers that the circumstances are such that such an enquiry is nevertheless required; or

(d) within six months after the making of the archdeacon’s report the incumbent, the secretary of the parochial church council or the designated representative, if any, informs the bishop that notwithstanding that the archdeacon did not report as aforesaid such an enquiry is nevertheless required,

then [F1 the bishop may, if he thinks fit, direct the secretary of the diocesan synod to institute such enquiry]

[F2 (1A) If, within the period of six months after the relevant date, the bishop neither gives a direction under subsection (1) above nor notifies the secretary of the diocesan synod that he has decided not to give such a direction, such a direction shall be deemed to have been given.

(1B) In this section “relevant date” means—

(a) in either of the cases described in subsection (1)(a) above, the date on which the request was made;

(b) in the case described in subsection (1)(b) above, the date on which the report was made;

(c) in the case described in subsection (1)(c) or (d) above, the date on which the bishop is informed that, notwithstanding that the archdeacon did not report that in his opinion an enquiry under this Part of this Measure should be instituted, such an enquiry is nevertheless required.]

[F3 (2) Where it is the secretary of the parochial church council or the designated representative who informs the bishop as mentioned in subsection (1)(d) above, the bishop may, if he thinks fit and without prejudice to subsection (3) below, give a direction under subsection (1) above but shall not be obliged to do so.]

[F3 (3) Where the person holding the office of incumbent of the benefice to which the parish in question belongs has held that office for less than three years at the date on which, but for this subsection, the bishop would be required or have power to give a direction under subsection (1) above, the bishop may, if he thinks fit, give such a direction but shall not be obliged to do so.]

Textual Amendments

F1 Words in s. 3(1) substituted (1.9.1994) by 1993 Measure No. 1, s. 3(2) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F2 S. 3(1A)(1B) inserted (1.9.1994) by 1993 Measure No. 1, s. 3(3) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F3 S. 3(2)(3) repealed (1.9.1994) by 1993 Measure No. 1, ss. 3(4), 14(2), Sch.4 (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York