Section 65 Delegation by bishop or archbishopI1

England Not yet in force

(1)

The bishop of a diocese may by instrument signed by that bishop delegate to a suffragan or assistant bishop of that or another diocese, or to the bishop of another diocese, such functions exercisable for the purposes of this Measure as are specified in the instrument.

(2)

Either archbishop may by instrument signed by that archbishop delegate to the other archbishop, or to a diocesan, suffragan or assistant bishop, such functions exercisable for the purposes of this Measure as are specified in the instrument.

(3)

An instrument under this section may provide—

(a)

for a specified function to be exercisable subject to specified conditions;

(b)

for a specified function to be exercisable throughout the diocese or province (as the case may be) or only a specified part of it;

(c)

for a specified function to be exercisable by the delegator and the delegate acting jointly;

(d)

for the delegation to have effect for the period specified (but not so as to prevent the making of a fresh instrument at the end of that period);

(e)

for the delegation to have effect for a specified period after the delegator or the delegate ceases to hold the episcopal office concerned.

(4)

An instrument under this section ceases, subject to subsection (5), to have effect—

(a)

if a period is specified under subsection (3)(d) or (e), at the end of that period, or

(b)

if no period is so specified, on the date on which the delegator ceases to hold the episcopal office concerned.

(5)

Where an instrument under this section would, but for this subsection, cease to have effect under subsection (4)(b), it continues to have effect until the end of six months beginning with the earlier of—

(a)

the date on which another person becomes the holder of the delegator’s episcopal office, and

(b)

the date on which the delegate ceases to hold the episcopal office concerned.

(6)

The delegator may vary or revoke an instrument under this section by a subsequent instrument under this section.

(7)

An instrument under this section comes into effect on—

(a)

the date on which it is made, or

(b)

if a later date is specified, that later date.

(8)

Having made an instrument under this section, the delegator must send a copy of it to the President of Tribunals, the Clergy Conduct Commission and the registrar of the diocese or province (as the case may be); and the registrar must file the copy in the registry.

(9)

Where the exercise of a function delegated under this section requires the application of the delegator’s episcopal seal to a document, the document is to be issued as if it were a deed and executed by the person authorised to do so by the instrument under this section.

(10)

A statement in a document issued in the exercise of a function delegated under this section that the person signing or executing the document is authorised by an instrument under this section to exercise the function is conclusive evidence of that fact.

(11)

An instrument under this section does not operate so as to remove any function from the delegator.

Annotations

Commencement

I1: S. 65 not in force at Royal Assent, see s. 73(3)