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Bishops (Retirement) Measure 1986

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3 Retirement of bishop in case of disability.E

(1)Where it appears to the archbishop that a person holding the office of diocesan bishop or suffragan bishop is incapacitated by physical or mental disability from the due performance of his episcopal duties, the archbishop may, with the concurrence of the two senior diocesan bishops of the province, and subject to subsection (2) below, request the bishop to tender his resignation to the archbishop in a written instrument in the prescribed form.

(2)Before making any such request the archbishop shall send to the bishop notice of his intention to do so, and if within 15 days after receiving such notice or within such extended period as the archbishop may allow the bishop sends to the archbishop a demand for a medical examination, the archbishop shall not request the bishop to tender his resignation until the report of the medical examination has been considered by the archbishop and the said senior bishops.

(3)The expenses of the medical examination shall be defrayed by the Church Commissioners.

(4)On receiving an instrument of resignation under subsection (1) above, the archbishop shall by endorsement on the instrument in the prescribed form declare the bishopric vacant as from a date specified in the endorsement.

(5)If the bishop to whom a request has been made by the archbishop under this section refuses or fails within 2 months of the receipt of the request to tender his resignation or is prevented by his infirmity from so doing, the archbishop may by written instrument in the prescribed form declare the bishopric vacant as from a date specified in the instrument.

(6)The date from which a bishopric may be declared vacant under this section shall not be earlier than the date of the endorsement under subsection (4) above or the date of the instrument under subsection (5) above, as the case may be; and any instrument made under this section shall be filed in the provincial registry.

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