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Synodical Government Measure 1969

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Changes over time for: Cross Heading: Suspension

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[F1[F2SuspensionE

Textual Amendments

F1Sch. 3 rule 46A(1): Sch. 3 rule 46A renumbered as Sch. 3 rule 46A(1) (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 2(11), 12(3); S.I. 2016/1213, art. 2

F2Sch. 3 rules 46C, 46D and cross-heading inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 3(4), 12(3); S.I. 2016/1213, art. 2

46C(1)This Rule applies where a member of a parochial church council, district church council or synod, or the secretary or treasurer of a parochial church council, is arrested on suspicion of committing an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 or is charged with such an offence without being arrested.E

(2)This Rule also applies where the bishop is satisfied, on the basis of information provided by a local authority or the police, that a person of a description referred to in paragraph (1) presents a significant risk of harm.

(3)The bishop may suspend the person from the position in question by giving the person notice in writing; and the notice must specify the bishop's reasons for imposing the suspension.

(4)The bishop may at any time revoke the suspension by giving the person notice in writing.

(5)For the purposes of paragraph (2), a person presents a significant risk of harm if there is a significant risk that the person may—

(a)harm a child or vulnerable adult,

(b)cause a child or vulnerable adult to be harmed,

(c)put a child or vulnerable adult at risk of harm,

(d)attempt to harm a child or vulnerable adult, or

(e)incite another person to harm a child or vulnerable adult.

(6)Before suspending a person in reliance on paragraph (2), or revoking a suspension made in reliance on that paragraph, the bishop must consult—

(a)the diocesan safeguarding advisor, and

(b)such other persons as the bishop considers appropriate.

(7)Where, in reliance on paragraph (1), a notice of suspension is given under paragraph (3) and the suspension has not been revoked under paragraph (4), the suspension continues until the earlier of—

(a)the expiry of three months beginning with the day on which the notice is given, and

(b)the conclusion of the matter.

(8)If, in the case of a suspension made in reliance on paragraph (1), the matter is not concluded before the expiry of the period referred to in paragraph (7)(a), a further notice of suspension may be given under paragraph (3); and paragraph (7) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(9)Where, in reliance on paragraph (2), a notice of suspension is given under paragraph (3) and the suspension has not been revoked under paragraph (4), the suspension continues until the expiry of three months beginning with the day on which the notice is given.

(10)In the case of a suspension made in reliance on paragraph (2), a further notice of suspension may be given under paragraph (3); and paragraph (9) and this paragraph apply to the further suspension as they applied to the earlier suspension or suspensions.

(11)Having given a notice of suspension or revocation under this rule, the bishop shall give each of the following written notification—

(a)the clergy who hold office in the parish,

(b)the churchwardens of the parish,

(c)the registrar of the diocese,

(d)the diocesan safeguarding advisor, and

(e)such other persons as the bishop considers appropriate.

(12)The registrar shall file the notification given under paragraph (11)(c) in the diocesan registry.

(13)For the purposes of this Rule, a matter is concluded when—

(a)a decision is taken not to charge the person with the offence in question, or

(b)where the person is charged with the offence, the proceedings for the offence are concluded.

(14)In this Rule—

  • child” means a person aged under 18, and

  • vulnerable adult” has the same meaning as in the Safeguarding and Clergy Discipline Measure 2016.

46D(1)A person to whom a notice of suspension is given under Rule 46C(3) may appeal against the suspension to the president of tribunals.E

(2)On an appeal under this Rule, the president of tribunals may, within 28 days following the lodging of the appeal, either confirm or revoke the suspension.]]

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