The Church Dignitaries (Retirement) Rules 1986

• Citation: S.I. 1986/1143
• Sections: 15

Section 1

(1) These Rules may be cited as the Church Dignitaries (Retirement) Rules 1986 and shall come into operation on the first day of October 1986.

(2) In these Rules:—

“ the chapter ” in the case of a dean and chapter cathedral means the general or greater chapter consisting of the dean and all the canons or prebendaries (whether residentiary or not) and in the case of a parish church cathedral means the cathedral chapter consisting of the provost, all the canons (whether residentiary or not) and the archdeacons.

“ the chapter clerk ” means the officer appointed under the statutes of the cathedral church to assist the dean or provost in dealing with the business of the chapter. For the purposes of the Measure and these Rules—

where the chapter clerk is not qualified as a barrister or a solicitor he shall (after consultation with the dean or provost) appoint a deputy who is so qualified;

where for any other reason the chapter clerk desires to appoint a deputy, he may, after the like consultation, appoint a deputy who is either a barrister or a solicitor.

“ the dean or provost ” means the dean or provost of the cathedral church or, if there is a vacancy in that office, or, if the dean or provost is the dignitary concerned, the expression means such other member of the chapter as the bishop may determine and that member shall have all the powers of the dean or provost under the Measure or these Rules.

“ the dignitary concerned ” means the person whose alleged incapacity is to be investigated.

“ the Measure ” means the Church Dignitaries (Retirement) Measure 1949.

“ medical examination ” means an examination into the bodily or mental abilities of the dignitary concerned by a medical practitioner agreed on between that person and the bishop or, failing such agreement, appointed by the President of the Royal College of Physicians.

(3) The Interpretation Measure 1925 shall apply for the interpretation of these Rules as it applies for the interpretation of Measures passed by the General Synod.

Section 2

(1) Form 1 The notice by the bishop requiring that a special meeting of the chapter be summoned for the purposes referred to in section 1(1) of the Measure shall be in the form set out in the Appendix to these Rules and shall provide that the said meeting be held within the period of twelve weeks from the date of the notice. The notice sent by the bishop shall be addressed to the dean or provost and, at the same time, the bishop shall send a copy of the notice to the dignitary concerned together with a copy of these Rules.

(2) Form 2 Where the bishop appoints a clerk in Holy Orders as his representative to attend the meeting of the chapter, the appointment shall be in the form set out in the Appendix and a copy thereof shall be sent at the same time to the dean or provost and to the dignitary concerned.

Section 3

(1) Within fifteen days of receiving a copy of the notice to the dean or provost, the dignitary concerned may send to the bishop a request for a medical examination and the meeting of the chapter shall not be summoned until the report of the medical examination has been forwarded to the dean or provost and, at the same time, to the dignitary concerned.

(2) The expenses of the medical examination shall be defrayed by the diocesan board of finance.

(3) The time limits in these Rules shall take no account of the period during which a request for a medical examination has been made and a report is awaited by the dean or provost.

Section 4

(1) Form 3 On the instructions of the dean or provost the chapter clerk shall summon a special meeting of the chapter giving not less than twenty-one days' notice thereof, in the form set out in the Appendix, to transact the business referred to in the notice of the bishop (Form 1). No other business of the chapter shall be transacted at the said meeting. Any subsequent meeting shall be summoned in like manner and no other business of the Chapter shall be transacted thereat.

(2) Forms 4 and 5 The notices of invitation to the dignitary concerned and to the bishop's representative (if any) to confer with the chapter at a special meeting to be held at not less than twenty-one days after the date of the notice shall be sent by the chapter clerk and shall be in the form set out in the Appendix.

(3) The chapter clerk shall send a copy of the notice summoning the meeting of the chapter (Form 1) and, at the same time or as they are received, copies of all representations made by or on behalf of the bishop or the dignitary concerned to every member of the chapter, the dignitary concerned and the bishop's representative (if any).

Section 5

(1) The dignitary concerned shall be entitled to appear before, and to be heard by, the chapter, to give oral evidence in the proceedings on the enquiry and to call witnesses.

(2) The chapter shall, at the written request of the dignitary concerned or the bishop's representative, invite any person named in the request to address them or give oral evidence in those proceedings or both.

(3) The chapter may invite any other person who may in their opinion be able to assist them to address them or given oral evidence in those proceedings or both.

(4) The dignitary concerned shall be entitled to attend any meeting of the chapter at which any other person is to give evidence to, or be heard by, the chapter and, shall be entitled either himself or by a friend or adviser to put questions to that person.

Section 6

The quorum at any meeting shall be at least one half of those members entitled to attend unless the statutes of the cathedral church require a greater number when that higher quorum shall apply.

Section 7

(1) Subject to paragraph (2) below, the proceedings of any special meeting of the chapter shall be held in private.

(2) If the dignitary concerned so requests, the proceedings at any meeting of the chapter, being a meeting at which the chapter hear him or any other person invited to address them or receive oral evidence, shall be held in public.

Section 8

Form 6. If the chapter decide to request the bishop or his representative to make further enquiry into any matter, the request shall be in the form set out in the Appendix.

Section 9

The dean or provost shall ensure that when a vote is taken on the matters set out in the bishop's notice, the votes shall only be recorded of those members of the chapter who have been present throughout all special meetings of the chapter at which the alleged incapacity of the dignitary concerned has been considered.

Section 10

Subject to section 13 of the Measure and to these Rules, the rules of procedure applicable to ordinary meetings of the chapter shall apply to the special meeting or meetings required under these Rules subject to such modification as the special meeting of the chapter may from time to time determine.

Section 11

(1) Form 7

The report of the chapter shall be in the form set out in the Appendix and shall be sent to the bishop by the chapter clerk within fourteen days of the chapter's decision, copies being sent at the same time to the dignitary concerned and to the bishop's representative (if any).

(2) The report of the chapter shall include full voting figures, including abstentions, on the matters set out in the bishop's notice.

(3) A copy of the report shall be bound up in the minute book of the chapter.

Section 12

(1) Form 8 Where the chapter have reported by the requisite majority that it is desirable that the dignitary concerned should retire from office the bishop shall (where the appointment is not vested in Her Majesty) declare the office vacant in the form set out in the Appendix.

(2) The declaration so made shall be sent to the dignitary concerned and copies shall be sent to the dean or provost, to the bishop's representative (if any) and to the diocesan registrar for filing in the registry.

(3) Where the appointment is vested in Her Majesty, copies of the petition required by section 2(1)(a) of the Measure to be sent to Her Majesty by the bishop shall be sent to the persons referred to in rule 12(2) above.

Section 13

Any document authorised or required to be sent by or under these Rules shall be deemed to have been duly sent if sent by recorded delivery addressed in the case of a dignitary having an official residence to that residence or in the case of any other person at his last known place of residence.

Section 14

(1) The bishop may, on the application of a party to these proceedings, extend the time within which anything is required to be done by these Rules and the application may be made notwithstanding that the time has expired.

(2) Any such application may be granted on such terms as the bishop may think just.

Section 15

Where any of these Rules requires a document to be in a form set out in the Appendix, and that form is not in all respects appropriate, the Rules shall be construed as requiring a form of the like character, with such variations as circumstances may require, to be used.