Incumbents (Vacation of Benefices) (Amendment) Measure 1993

3 Power of bishop to order enquiry.E

(1)Section 3 of the 1977 Measure (institution of enquiry) shall be amended as follows.

(2)In subsection (1) for the words from “, subject to” to the end there shall be substituted the words “ the bishop may, if he thinks fit, direct the secretary of the diocesan synod to institute such enquiry ”.

(3)After subsection (1) there shall be inserted—

(1A)If, within the period of six months after the relevant date, the bishop neither gives a direction under subsection (1) above nor notifies the secretary of the diocesan synod that he has decided not to give such a direction, such a direction shall be deemed to have been given.

(1B)In this section “relevant date” means—

(a)in either of the cases described in subsection (1)(a) above, the date on which the request was made;

(b)in the case described in subsection (1)(b) above, the date on which the report was made;

(c)in the case described in subsection (1)(c) or (d) above, the date on which the bishop is informed that, notwithstanding that the archdeacon did not report that in his opinion an enquiry under this Part of this Measure should be instituted, such an enquiry is nevertheless required..

(4)Subsections (2) and (3) (which specify circumstances in which the bishop has discretion whether or not to give a direction under subsection (1)) shall cease to have effect.