Part 3

Powers of Bishop to prevent or stop contraventions of section 2 and to restore status quo

Institution of proceedings for injunction or restoration order
18
1
Where a bishop has ordered a special visitation and he considers it necessary or expedient to take further steps in respect of any actual or intended contravention of section 2, he may authorise a person designated by him for the purposes of this Measure, either generally or in a particular case, to institute proceedings on his behalf against the Chapter of the cathedral for the purpose of obtaining an injunction or restoration order or both against the Chapter.
1A
The Church Commissioners may pay out of their general fund the whole or part of the costs and expenses incurred by a bishop or person designated as mentioned in subsection (1) in or in relation to or directly or indirectly arising out of proceedings authorised, taken or contemplated under subsection (1).
1B
Before making a payment under subsection (1A), the Commissioners must be satisfied that the costs or expenses are reasonable in amount.
2
Where a bishop proposes to authorise the institution of proceedings under subsection (1), he shall inform the Church Commissioners of the course he proposes to take and the Church Commissioners shall, as soon as practicable—
a
decide whether or not they would be prepared to pay, under subsection (1A), any costs or expenses incurred in respect of the proceedings and, if so, to what extent; and
b
notify the bishop of their decision.
S. 18 in force at 1.9.2011 by 2011 No. 2, art. 2
S. 18(1A)(1B) inserted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 27(2) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2
Words in s. 18(2)(a) substituted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 1 para. 27(3) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2