Incumbents (Vacation of Benefices) Measure 1977

[F1 18 Procedural rules. E

(1) There shall be a committee, to be known as the Vacation of Benefices Rule Committee, which shall consist of a chairman and four other members appointed by the Standing Committee of the General Synod.

(2) The Vacation of Benefices Rule Committee shall have power to make rules for carrying into effect the provisions of this Measure and, in particular, for—

(a) regulating the procedure and practice (including the mode and burden of proof and admissibility of evidence) of provincial tribunals in connection with enquiries under this Measure;

(b) obtaining medical evidence in connection with enquiries under this Measure.

(3) Any three members of the Vacation of Benefices Rule Committee may exercise all the powers of the committee.

(4) Any rules made under this section shall be laid before the General Synod and shall not come into force until approved by the General Synod, whether with or without amendment.

(5) Where the Standing Committee determines that the rules do not need to be debated by the General Synod then, unless—

(a) notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the rules to be debated, or

(b) notice is so given by any such member that he wishes to move an amendment to the rules [F2 and at least twenty-five other members of the General Synod indicate when the amendment is called that they wish the amendment to be moved],

the rules shall for the purposes of subsection (4) above be deemed to have been approved by the General Synod without amendment.

(6) The Statutory Instruments Act 1946 shall apply to any rules approved by the General Synod under subsection (4) above as if they were statutory instruments and were made when so approved, and as if this Measure were an Act providing that any such rules should be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 S. 18 substituted (1.9.1994) by 1993 Measure No. 1, s. 9 (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F2 S. 18: By virtue of 1995 No. 2, s. 14 it is provided (1.9.1995) that, in para. (b) of subsection 5 the words from“and at least”to the end of that para. shall be omitted; Instrument dated 1.9.1995 made by Archbishops of Canterbury and York

Modifications etc. (not altering text)

C1 S. 18(1): functions transferred (1.1.1999) by S.I. 1998/1715, arts. 1(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

C2 S. 18(5): functions transferred (1.1.1999) by S.I. 1998/1715, arts. 1(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York