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Church Dignitaries (Retirement) Measure 1949

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1 Investigation of alleged incapacity of dignitaries.E

(1)In any case where the bishop is satisfied that such action is proper, he may by notice in writing require that a special meeting of the cathedral chapter of his diocese be summoned for the purpose of considering and reporting to him whether in their opinion a dignitary to whom this Measure applies holding office within the diocese is unable through disability arising from age or infirmity (whether bodily or mental) to discharge adequately the duties attaching to his office, and, if so, whether it is desirable that he should retire from his office, and (except in the case where the office held by the dignitary is an honorary one) whether on such retirement any, and if so what, annual sum should be secured to him by way of pension in addition to the pension or pensions (if any) to which he would be entitled had he retired voluntarily on account of age or infirmity. A copy of the notice shall at the same time be sent by the bishop to the dignitary.

(2)The bishop may, if he so desires, appoint in writing a clerk in Holy Orders as his representative to attend the meeting of the chapter when invited by them to do so.

(3)The chapter shall consider the questions so put to them and shall invite the dignitary concerned and the bishop’s representative, if any, to confer with them, either together or separately, and after such conference, or after there has been a reasonable opportunity for such conference, shall make their report in writing answering the questions put to them by the bishop:

Provided that they shall not report that it is desirable that the dignitary should retire from his office unless at least two-thirds of the members present and voting at the meeting of the chapter have voted in favour of such a report.

(4)At any meeting of the chapter to which the dignitary is invited he may, if he so desires, be assisted, or in his absence represented, by a friend or adviser.

(5)The chapter may at any time before making their report request the bishop or his representative (if any) to make further enquiry into any matter and to communicate the result of such enquiry to the chapter.

(6)The chapter shall send a copy of their report to the dignitary.

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