# The Ecclesiastical Offices (Terms of Service) Regulations 2009, Regulation 28: Medical examination

Extent: E

(1) The diocesan bishop or, in the case of an office holder who is a diocesan bishop, the archbishop of the province in which the diocese is situated may, if he or she has reasonable grounds for concern about the physical or mental health of an office holder, direct that the office holder shall undergo a medical examination by a medical practitioner selected by agreement between the bishop (or archbishop) and the office holder or, in default of agreement, by medical practitioners consisting of a practitioner chosen by each party.
(1A) The archbishop of either province may, if he or she has reasonable grounds for concern about the physical or mental health of the archbishop of the other province, direct that that archbishop shall undergo a medical examination by a medical practitioner selected by agreement between both archbishops or, in default of agreement, by medical practitioners consisting of a practitioner chosen by each archbishop.
(1B) In the case of an office holder who is a qualifying residentiary canon, the power conferred by paragraph (1) is instead exercisable by the dean of the cathedral concerned; and the first reference in that paragraph to the diocesan bishop is accordingly to be read as a reference to the dean.
(2) If an office holder fails to comply with a direction given under paragraph (1) or (1A) above or fails to disclose or authorise the disclosure of any relevant medical records, when requested to do so, any person or body responsible for operating any capability procedures in respect of the office holder may draw such inferences as appear to that person or body to be appropriate having regard to all the circumstances.

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Source: https://www.legislation.gov.uk/uksi/2009/2108/regulation/28 (the official version)
Page: https://openlegislation.uk/ecclesiastical-offices-terms-of-service-regulations-2009/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.