95 Curate to quit cure upon having six weeks notice from new incumbent within six months after his admission, and in other cases incumbent, with bishop’s permission, may dismiss curate on six months notice. Appeal. E+W+S

[F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 , it shall be lawful for the incumbent of any benefice, whether resident or non-resident thereon, having first obtained the permission of the bishop of the diocese, to be signified by writing under his hand, to require any one or more of his curates, who after the passing of this Act shall be licensed to any curacy, to quit and give up his curacy upon six months notice thereof given to the curate, who shall thereupon quit the same according to such notice: Provided always, that any incumbent resident on his benefice, or not resident but desiring to reside on his benefice, may, within one month after refusal of such permission as aforesaid by the bishop appeal to the archbishop of the province, who shall either confirm such refusal or grant such permission as to him may seem just and proper. [F3 And provided further that the power conferred by this section shall not be exercised by reason of any act or omission referred to in section 8(1) of the Clergy Discipline Measure 2003.]]

Textual Amendments

F1 S. 95 repealed (E.) (31.1.2011) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), s. 13(2), Sch. 3 (with s. 9); 2010 No. 8, art. 2

F2 Words repealed by Pastoral Measure 1968 (No. 1), Sch. 9 and Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VII

F3 Words in s. 95 inserted (E.) (1.1.2006) by Clergy Discipline Measure 2003 (No. 3), ss. 44(1), 48(2) (with s. 47); 2005 No. 6, Instrument made by Archbishops

Modifications etc. (not altering text)

C1 S. 95 applied by Church of England (Miscellaneous Provisions) Measure 1976 (No. 3), s. 2(2) (a)