Incumbents (Vacation of Benefices) Measure 1977

[F1 1A] Request for enquiry into pastoral situation in a parish. E

(1) A request for an enquiry under this Part of this Measure into the pastoral situation in a parish on the ground that there has been a serious breakdown of the pastoral relationship between the incumbent and [F2 the] parishioners to which the conduct of the incumbent or of [F2 the] parishioners or of both has contributed over a substantial period may [F3 , subject to subsection (1A) below] be made by—

(a) the incumbent of the benefice to which the parish belongs; or

(b) the archdeacon in whose archdeaconry the parish is; or

(c) a majority of not less than two-thirds of the lay members of the parochial church council of the parish present and voting at a duly convened meeting of that council on a resolution that the request be made; or

(d) where the incumbent mentioned in paragraph (a) above is the archdeacon mentioned in paragraph (b) above, a majority of the members of the bishop’s council and standing committee of the diocesan synod of the diocese in which the parish is.

[F4 (1A) An enquiry under this Part of this Measure shall only be undertaken after the persons concerned have had an opportunity to resolve the pastoral situation in the parish in question; and, accordingly, a request for such an enquiry shall not be made unless notice of intention to make the request has been given by the person or persons concerned to the bishop of the diocese in which the parish in question is at least six months, and not more than twelve months, before the request is made.]

(2) A request for such an enquiry [F5 , and a notice of intention to make it, shall be made or given] in writing to the bishop of the diocese in which the parish in question is and the secretary of the diocesan synod of that diocese and [F6 , in the case of a request,] shall contain particulars of the facts which appear to the person or persons making the request to justify an enquiry.

(3) A request for such an enquiry [F7 , and a notice of intention to make it, made or given] by the persons mentioned in subsection (1)(c) or (d) above must—

(a) be signed by all of those persons and include the address of each of them; and

(b) specify two persons from among those signing the request [F8 or notice] who are willing to act as representatives of those persons in connection with the enquiry [F8 or notice] and indicate which of those two is willing to conduct and receive correspondence relating to the enquiry [F8 or notice] (in this Measure referred to as “the designated representative”).

(4) A request for such an enquiry [F9 , and a notice of intention to make it, made or given] by the persons mentioned in subsection (1)(c) above must also contain a statement that the persons who have signed the request [F10 or notice] constitute a majority of two-thirds or more of those lay members of the parochial church council of the parish in question who were present at a duly convened meeting of that council and voted thereat on a resolution that the request be made [F11 or the notice be given].

(5) A request for such an enquiry [F12 , and a notice of intention to make it, made or given] by the persons mentioned in subsection (1)(d) above must also contain a statement that the persons who have signed the request [F13 or notice] constitute a majority of the members of the bishop’s council and standing committee of the diocesan synod of the diocese in which the parish in question is.

(6) Where a [F14 request or notice made or given] under this section is received by the secretary of the diocesan synod, he shall notify—

(a) the incumbent of the benefice to which the parish in question belongs, unless it was he who made the request [F15 or gave the notice];

(b) the archdeacon in whose archdeaconry that parish is, unless it was he who made the request [F15 or gave the notice]; and

(c) the secretary of the parochial church council of that parish, unless it was the persons mentioned in subsection (1)(c) above who made the request [F15 or gave the notice].

[F16 (7) A request made under this section may be withdrawn by notice in writing given to the bishop of the diocese in which the parish in question is and the secretary of the diocesan synod of that diocese by—

(a) in the case of a request made by the person mentioned in subsection (1)(a) or (b) above, that person;

(b) in the case of a request made by the persons mentioned in subsection (1)(c) above, a majority of the lay members of the parochial church council of the parish present and voting at a duly convened meeting of that council on a resolution that the request be withdrawn;

(c) in the case of a request made by the persons mentioned in subsection (1)(d) above, by a majority of the members of the bishop’s council and standing committee of the diocesan synod of the diocese in which the parish is,

and where a request is withdrawn under this subsection no further steps shall be taken under this Part of this Measure in connection with the request.]

Textual Amendments

F1 s. 1 (as originally enacted) renumbered as s. 1A (1.9.1994) by 1993 Measure No. 1, ss.1, 14(1), 15, Sch. 3 para. 1 (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F2 Words in s. 1A(1) substituted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(a) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F3 Words in s. 1A(1) inserted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(a) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F4 S. 1A(1A) inserted (1.9.1994) by 1993 Measure No. 1, ss. 2(2), 15 (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F5 Words in s. 1A(2) substituted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(b)(i) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F6 Words in s. 1A(2) inserted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(b)(ii) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F7 Words in s. 1A(3) substituted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(c)(i) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F8 Words in s. 1A(3)(b) inserted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(c)(ii)-(iv) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F9 Words in s. 1A(4) substituted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(d)(i) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F10 Words in s. 1A(4) inserted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(d)(ii) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F11 Words in s. 1A(4) inserted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(d)(iii) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F12 Words in s. 1A(5) substituted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(e)(i) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F13 Words in s. 1A(5) inserted (1.9.1994) by 1993 Measure No. 1, s. 14(1), sch. 3 para. 1(e)(ii) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F14 Words in s. 1A(6) substituted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(f)(i) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F15 Words in s. 1A(6)(a)(b)(c) inserted (1.9.1994) by 1993 Measure No. 1, s. 14(1), Sch. 3 para. 1(f)(ii) (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F16 S. 1A(7) inserted (1.9.1994) by 1993 Measure No. 1, ss. 2(3), 15, 16 (with s. 15); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York