Code of Canon Law: text (original) (raw)
Can.416 The episcopal see becomes vacant by the death of the diocesan Bishop, by his resignation accepted by the Holy See, by transfer, or by deprivation notified to the Bishop.
Can.417 Until they have received certain notification of the Bishop's death, allactions taken by the Vicar general or the episcopal Vicar have effect. Until they have received certain notification of the aforementioned papal acts, the same is true of actions taken by the diocesan Bishop, the Vicar general or theepiscopal Vicar.
Can.418 §1 Within two months of receiving certain notification of transfer, theBishop must proceed to the diocese to which he has been transferred and take canonical possession of it. On the day on which he takes possession of the new diocese, the diocese from which he has been transferred becomes vacant.
§2 In theperiod between receiving certain notification of the transfer and takingpossession of the new diocese, in the diocese from which he is being transferred the Bishop:
1° has thepower, and is bound by the obligations, of a diocesan Administrator; all powersof the Vicar general and of the episcopal Vicar cease, without prejudice to can. 409 §2;
2° receivesthe full remuneration proper to the office.
Can.419 While the see is vacant and until the appointment of a diocesan Administrator, the governance of the diocese devolves upon the auxiliary Bishop. If there are a number of auxiliary Bishops, it devolves upon the senior by promotion. If there is no auxiliary Bishop, it devolves upon the college of consultors, unless the Holy See has provided otherwise. The one who thus assumes thegovernance of the diocese must without delay convene the college which iscompetent to appoint a diocesan Administrator.
Can.420 Unless the Holy See has prescribed otherwise, when the see is vacant in avicariate or a prefecture apostolic, the governance is assumed by the Pro-Vicaror Pro-Prefect who was designated for this sole purpose by the Vicar or Prefect immediately upon taking possession.
Can.421 §1 Within eight days of receiving notification of the vacancy of anepiscopal see, a diocesan Administrator is to be elected by the college ofconsultors, to govern the diocese for the time being, without prejudice to theprovisions of can. 502 §3.
§2 If, for any reason, the diocesan Administrator is not lawfully elected within theprescribed time, his appointment devolves upon the Metropolitan. If themetropolitan see is itself vacant, or if both the metropolitan see and asuffragan see are vacant, the appointment devolves on the suffragan who issenior by promotion.
Can.422 The auxiliary Bishop or, if there is none, the college of consultors, must as soon as possible notify the Apostolic See of the death of the Bishop. Theperson elected as diocesan Administrator must as soon as possible notify theApostolic See of his election.
Can.423 §1 Only one diocesan Administrator is to be appointed, contrary customs being reprobated; otherwise the election is invalid.
§2 Thediocesan Administrator is not to be at the same time the financial administrator. Accordingly, if the financial administrator of the diocese iselected Administrator, the finance committee is to elect another temporary financial administrator.
Can.424 The diocesan Administrator is to be elected according to the norms of cann.165 - 178.
Can.425 §1 Only a priest who has completed his thirty-fifth year of age, and has not already been elected, appointed or presented for the same see, can validlybe deputed to the office of diocesan Administrator.
§2 Asdiocesan Administrator a priest is to be elected who is outstanding fordoctrine and prudence.
§3 If theconditions prescribed in §1 have not been observed, the Metropolitan or, if themetropolitan see itself is vacant, the suffragan senior by promotion, having verified the truth of the matter, is to appoint an Administrator for thatoccasion. The acts of a person elected contrary to the provisions of §1 are byvirtue of the law itself invalid.
Can.426 Whoever governs the diocese before the appointment of the diocesan Administrator, has the power which the law gives to a Vicar general.
Can.427 §1 The diocesan Administrator is bound by the obligations and enjoys thepower of a diocesan Bishop, excluding those matters which are excepted by thenature of things or by the law itself.
§2 Thediocesan Administrator obtains his power on his acceptance of the election, without the need of confirmation from anyone, but without prejudice to theprovision of can. 833, n. 4.
Can.428 §1 While the see is vacant, no innovation is to be made.
§2 Those who have the interim governance of the diocese are forbidden to do anything which could in any way prejudice the rights of the diocese or of the Bishop. Both they, and in like manner any other persons, are specifically forbidden toremove, destroy or in any way alter documents of the diocesan curia, eitherpersonally or through another.
Can.429 The diocesan Administrator is bound by the obligations of residing in thediocese, and of applying the Mass for the people in accordance with can. 388.
Can.430 §1 The office of the diocesan Administrator ceases when the new Bishop takes possession of the diocese.
§2 Removalof the diocesan Administrator is reserved to the Holy See. Should he perchance resign, the resignation is to be submitted in authentic form to the collegewhich is competent to elect, but it does not require acceptance by the college. If the diocesan Administrator is removed, resigns or dies, another diocesan Administrator is to be elected in accordance with can. 421.