Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010

Document Number:2010 No. 2
 
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A Measure to amend the law with respect to the appointment of suffragan bishops; and with respect to appointments to fill vacancies in certain ecclesiastical offices to which Her Majesty has the right of presentation.

[18 th March 2010]

1 Amendment of Suffragan Bishops Act 1534

Section 1 of the Suffragan Bishops Act 1534 (26 Hen. 8 c. 14) shall have effect as if it required only one person to be presented to Her Majesty for appointment to a suffragan see and any reference in that section to two persons or to one of those persons shall be construed as a reference to the single person presented to Her Majesty.

2 Appointments by the Crown during certain vacancies

(1) This section applies where Her Majesty has the right of presentation to an ecclesiastical office which is vacant during a vacancy in the see of a diocesan bishop and to which the right of presentation would, but for that vacancy, be exercisable by that bishop.

(2) Where this section applies and subject to subsection (3) , the right of presentation to the vacant ecclesiastical office shall be exercisable on behalf of Her Majesty by the relevant bishop.

(3) Her Majesty may give notice in writing to the relevant bishop for the diocese whose see is vacant within twenty eight days of that vacancy arising that she wishes to exercise her right of presentation to any office where this section applies and, where any such notice is given, subsection (2) shall not apply.

(4) In this section—

(a)“relevant bishop” means—

(i) the suffragan or assistant bishop, if any, of the diocese to whom the right of collation or institution to the vacant ecclesiastical office has been delegated by an instrument in force under section 13 of the Dioceses, Pastoral and Mission Measure 2007 (2007 No. 1) (“the 2007 Measure”) or under section 10 of the Dioceses Measure 1978 (1978 No. 1) (“the 1978 Measure”) as it has effect by virtue of paragraph 3 of Schedule 6 to the 2007 Measure or by a scheme in force under section 11 of the 1978 Measure, as it has effect by virtue of paragraph 5 of Schedule 6 to the 2007 Measure;

(ii) if sub-paragraph (i) does not apply, the bishop to whom the right to institute to the ecclesiastical office has been delegated by an instrument in force under section 14 of the 2007 Measure; or

(iii) if neither sub-paragraph (i) nor sub-paragraph (ii) applies in circumstances where a new bishop is appointed to fill the vacancy in the see, the bishop whose election to that see has been...

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