xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

MiscellaneousE

35Application of 1963 Measure’s provisionsE

(1)The following provisions of the 1963 Measure shall apply for the purpose of this Measure as they apply for the purposes of that Measure, with the adaptations specified in subsection (2) below—

(2)In the application of those provisions for the purposes of this Measure they shall be read with the following adaptations—

(a)subject to the following provisions of this subsection, for any reference to the 1963 Measure there shall be substituted a reference to this Measure;

(b)for any reference to an offence cognisable under section 14 of the 1963 Measure there shall be substituted a reference to misconduct;

(c)any reference to a court shall be construed as including a reference to a disciplinary tribunal;

(d)for any reference to a declaration made or to be made in accordance with the provisions of the 1963 Measure there shall be substituted a reference to a penalty imposed under section 30 or 31 above;

(e)any reference to a person nominated to promote proceedings shall be construed as a reference to a person who may, by virtue of section 10 above or section 42 below, institute disciplinary proceedings under this Measure;

(f)for any reference to suspension or inhibition there shall be substituted a reference to prohibition;

(g)for any reference to a censure there shall be substituted a reference to a penalty.

Commencement Information

I1S. 35 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

36[F1Suspension of priest or deacon]E

(1)Where—

(a)a complaint in writing is made under section 10(1) above against a priest or deacon holding any preferment in a diocese, or

(b)a priest or deacon holding any preferment in a diocese is arrested [F2(whether in England or elsewhere)] on suspicion of committing a criminal offence, [F3or

(c)a priest or deacon holding any preferment in a diocese is convicted of any offence mentioned in section 30(1)(a) above, or

(d)a priest or deacon holding any preferment in a diocese is included in a barred list,][F4or

(e)the bishop of the diocese is satisfied, on the basis of information provided by a local authority or the police, that a priest or deacon holding any preferment in the diocese presents a significant risk of harm,]

the bishop of the diocese may, by notice in writing served on him, suspend him from exercising or performing without the leave of the bishop any right or duty of or incidental to his office:

Provided that, in the case of a complaint made as aforesaid, the priest or deacon shall not be suspended under this subsection unless and until the complaint falls to be considered under section 12(1) above.

(2)The bishop may at any time, by notice in writing served on the priest or deacon concerned, revoke a notice of suspension served under subsection (1) above.

[F5(2A)For the purposes of subsection (1)(e), 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.]

[F6(2B)Before serving a notice under subsection (1)(e) or revoking a notice served under subsection (1)(e), the bishop must consult—

(a)the diocesan safeguarding advisor, and

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

(3)Where a notice of suspension is served under subsection (1)[F7(a) or (b)] above and it has not been revoked under subsection (2) the suspension shall continue until the expiry of the period of three months following service of the notice or until the proceedings under this Measure or for the criminal offence are concluded, whichever occurs earlier, but if the proceedings are not concluded before the expiry of that period a further notice of suspension under subsection (1)[F7(a) or (b)] above may be served, and this subsection shall apply in relation to the further suspension as it applied to the earlier suspension or suspensions.

[F8(3A)Where a notice of suspension is served under subsection (1)(c) or (d) above and it has not been revoked under subsection (2), the suspension shall continue until the expiry of the period of three months following service of the notice or until a penalty is imposed on the priest or deacon under section 30(1) above, whichever occurs earlier, save that a further notice of suspension under subsection (1)(c) or (d) may be served pending conclusion of any step taken under section 30(2) or (4), and this subsection shall apply in relation to the further suspension as it applied to the earlier suspension or suspensions.]

[F9(3B)Where a notice of suspension is served under subsection (1)(e) and it has not been revoked under subsection (2), the suspension shall continue until the expiry of the period of three months following service of the notice; and a further notice of suspension under subsection (1)(e) may be served, and this subsection shall apply to the further suspension as it applied to the earlier suspension or suspensions.]

(4)Where a notice of suspension is served under subsection (1) above the bishop may, after consultation with the churchwardens and with the incumbent or priest in charge concerned, make such arrangements as he thinks fit for the ministrations of the church or churches concerned while the suspension remains in force.

(5)While a notice of suspension under subsection (1) above remains in force in relation to a priest or deacon he shall not interfere with any person performing the services of a church in pursuance of arrangements made under subsection (4) above, and any such interference shall be regarded as an act in contravention of the laws ecclesiastical for the purposes of section 8(1) above.

(6)A priest or deacon on whom a notice of suspension is served under subsection (1) above may appeal against the suspension to the president of tribunals and on any such appeal the president of tribunals may, within twenty-eight days following the lodging of the appeal, either confirm or revoke the suspension.

[F1036ASuspension of priest or deacon pending determination of application to bring proceedings out of timeE

(1)This section applies where a complainant applies to the president of tribunals for permission under section 9 for disciplinary proceedings against a priest or deacon holding any preferment in a diocese to be instituted after the expiry of the period provided for by that section.

(2)The bishop of the diocese may, by notice in writing served on the priest or deacon, suspend the priest or deacon from exercising or performing without the leave of the bishop any right or duty of or incidental to the priest's or deacon's office.

(3)The bishop may not exercise the power under subsection (2) unless the bishop is satisfied that the suspension is necessary in all the circumstances of the case.

(4)Before exercising the power under subsection (2), the bishop must refer the matter to the registrar of the diocese for advice on—

(a)whether or not the complainant has a proper interest in instituting the proceedings,

(b)whether or not there is sufficient substance in the complaint to justify proceeding with it in accordance with this Measure, and

(c)whether or not the suspension is necessary in all the circumstances of the case.

(5)Having considered a matter referred under subsection (4), the registrar must send a written report to the bishop setting out the registrar's advice; and the bishop must, in deciding whether to exercise the power, have regard to the registrar's report.

(6)The bishop may at any time, by notice in writing served on the priest or deacon, revoke the notice of suspension under subsection (2).

(7)Where a notice of suspension is served under subsection (2) and has not been revoked under subsection (6), the suspension continues until—

(a)the expiry of the period of three months following service of the notice, or

(b)if the application for permission is determined before the expiry of that period, the time determined in accordance with subsection (8) or (10) (as the case may be).

(8)If the application for permission is granted—

(a)section 36(1), in its application to the complaint, has effect as if the words from “Provided that” to the end were omitted, and

(b)the suspension continues until whichever is the first of the events mentioned in subsection (9) to occur.

(9)Those events are—

(a)the expiry of the period of 14 days beginning with the day on which the disciplinary proceedings are instituted;

(b)the expiry of the period within which permission was given for the proceedings to be instituted (without them having been instituted);

(c)the service of a notice of suspension under section 36(1) on the priest or deacon.

(10)If the application for permission is refused, the suspension ends with the refusal.

(11)If the application for permission is not determined before the end of the period mentioned in subsection (7)(a), a further notice of suspension under subsection (2) may be served; and—

(a)subsections (7) to (10) and this subsection apply in relation to the further suspension as they applied to the earlier suspension or suspensions, but

(b)subsection (4) does not apply in relation to the power to give the further notice.

(12)Subsections (4) to (6) of section 36 apply in relation to a notice of suspension under subsection (2) of this section as they apply in relation to a notice of suspension under subsection (1) of that section.]

37[F11Suspension of bishop or archbishop]E

(1)Where—

(a)a complaint in writing is made under section 10(1) above against a bishop or archbishop, or

(b)a bishop or archbishop is arrested [F12(whether in England or elsewhere)] on suspicion of committing a criminal offence, [F13 or

(c)a bishop or archbishop is convicted of any offence mentioned in section 30(1)(a) above, or

(d)a bishop or archbishop is included in a barred list,][F14or

(e)the archbishop of the province in which a bishop holds office or, in the case of an archbishop, the other archbishop, is satisfied, on the basis of information provided by a local authority or the police, that the bishop or archbishop presents a significant risk of harm,]

the archbishop of the province in which the bishop holds office or, in the case of an archbishop, the other archbishop, may with the consent of the two most senior diocesan bishops in that province or the province of the other archbishop, as the case may be, by notice in writing suspend him from exercising any right or duty of or incidental to his office:

Provided that, in the case of a complaint made as aforesaid, the bishop or archbishop shall not be suspended under this subsection unless and until the complaint falls to be considered under section 12(1) above.

(2)The archbishop may at any time, by notice in writing served on the bishop or archbishop concerned, revoke a notice of suspension served under subsection (1) above.

[F15(2A)The reference in subsection (1)(e) to presenting a significant risk of harm is to be construed in accordance with section 36(2A).]

(3)Where a notice of suspension is served under subsection (1) above the archbishop may, after consultation with the two most senior diocesan bishops of his province, make such arrangements as he thinks fit for the ministrations of the diocese or province concerned while the suspension remains in force.

(4)While a notice of suspension under subsection (1) above remains in force in relation to a bishop or archbishop he shall not interfere with any person performing functions in pursuance of arrangements made under subsection (3) above.

(5)In this section “bishop” means any diocesan bishop, any suffragan bishop or any other bishop.

[F16(6)Subsections [F17(2A) to (3B)] and (6) of section 36 above shall apply for the purposes of this section as they apply for the purposes of that section, but as if for any reference to a priest or deacon there were substituted a reference to the bishop or, as the case may be, the archbishop and as if, in subsection (3A), the references to sections 30(1) and 30(2) were references, respectively, to sections 31(1) and 31(2).]

[F1837ASuspension of bishop or archbishop pending determination of application to bring proceedings out of timeE

(1)This section applies where a complainant applies to the president of tribunals for permission under section 9 for disciplinary proceedings against a bishop or archbishop to be instituted after the expiry of the period provided for by that section.

(2)Where the application relates to a bishop, the archbishop of the province in which the bishop holds office may, with the consent of the two most senior diocesan bishops in that province, by notice in writing suspend the bishop from exercising any right or duty of or incidental to the bishop's office.

(3)Where the application relates to an archbishop, the other archbishop may, with the consent of the two most senior diocesan bishops in the province of the other archbishop, by notice in writing suspend the archbishop from exercising any right or duty of or incidental to the archbishop's office.

(4)The archbishop may not exercise the power under subsection (2) or (3) unless the archbishop is satisfied that the suspension is necessary in all the circumstances of the case.

(5)Before exercising the power under subsection (2) or (3), the archbishop must refer the matter to the registrar of the province for advice on—

(a)whether or not the complainant has a proper interest in instituting the proceedings,

(b)whether or not there is sufficient substance in the complaint to justify proceeding with it in accordance with this Measure, and

(c)whether or not the suspension is necessary in all the circumstances of the case.

(6)Having considered a matter referred under subsection (5), the registrar must send a written report to the archbishop setting out the registrar's advice; and the archbishop must—

(a)when seeking the consent of the two diocesan bishops under subsection (2) or (3) (as the case may be), provide each of them with a copy of the registrar's report, and

(b)in deciding whether to exercise the power to suspend, have regard to the registrar's report.

(7)The archbishop may at any time, by notice in writing served on the bishop or other archbishop (as the case may be), revoke the notice of suspension under subsection (2) or (3).

(8)Subsections (7) to (11) of section 36A apply in relation to a notice of suspension under subsection (2) or (3) of this section as they apply in relation to a notice of suspension under subsection (2) of that section, but as if—

(a)the reference in subsection (7) to subsection (6) of section 36A were a reference to subsection (7) of this section,

(b)the reference in subsection (8) to section 36(1) were a reference to section 37(1), and

(c)the reference in subsection (11)(b) to subsection (4) of section 36A were a reference to subsection (5) of this section.

(9)Subsections (3) and (4) of section 37, and subsection (6) of that section so far as relating to section 36(6), apply in relation to a notice of suspension under subsection (2) or (3) of this section as they apply in relation to a notice of suspension under subsection (1) of section 37.

(10)In this section, “bishop” has the same meaning as in section 37.]

38Archbishops' listE

(1)Subject to the following provisions of this section, it shall be the duty of the archbishops acting jointly to compile and maintain a list of all clerks in Holy Orders—

(a)on whom a penalty or censure (by consent or otherwise) has been imposed under this Measure or the 1963 Measure; or

(b)who have been deposed from Holy Orders under the 1963 Measure; or

(c)who have executed a deed of relinquishment under the Clerical Disabilities Act 1870 (c. 31); or

(d)who have resigned preferment following the making of a complaint in writing against them under section 10(1) above or under the 1963 Measure; or

[F19(dd)whose name is included in a barred list; or]

(e)who, in the opinion of the archbishops, have acted in a manner (not amounting to misconduct) which might affect their suitability for holding preferment.

(2)Where the [F20archbishops have] included a person falling within paragraphs (a) to [F21(dd)] of subsection (1) above in the list [F22the archbishop of the relevant province] shall take all reasonable steps to inform that person in writing that [F23they have done so] and of the particulars recorded in respect of that person. That person may request the president of tribunals to review the matter and upon such a review the president of tribunals shall direct that that person should continue to be included in the list or should be excluded therefrom and, in the former case, may also direct that the particulars relating to that person should be altered in such manner as may be specified.

(3)Where the [F24archbishops propose] to include a person falling within paragraph (e) of subsection (1) above in the list [F24the archbishop of the relevant province] shall take all reasonable steps to inform that person in writing of the proposal and the particulars to be recorded, together with an invitation to send comments or representations in writing to the archbishop within the period of twenty-one days. On the expiry of that period the [F24archbishops] shall decide whether or not to include that person in the list and [F25the archbishop of the relevant province] shall inform that person in writing of [F24their] decision. If the decision is to include that person in the list that person may request the president of tribunals to review the decision and upon such a review the president of tribunals shall uphold or reverse the decision.

(4)It shall be the duty of the [F26archbishops] to review the inclusion of a person in the list, in such manner as may be prescribed, on the expiry of the period of five years following the inclusion and also if requested to do so by that person or by the bishop of a diocese:

Provided that that person shall not be entitled to make a request under this subsection within the said period of five years nor within the period of five years following any previous review.

Textual Amendments

F24Words in s. 38(3) substituted (1.2.2014) by virtue of Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 8(4), 10(2); 2014 No. 1, art. 2

Commencement Information

I4S. 38 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

39Code of PracticeE

(1)It shall be the duty of the Clergy Discipline Commission to formulate guidance for the purposes of the Measure generally and, with the approval of the Dean of the Arches and Auditor, to promulgate the guidance in a Code of Practice.

(2)The Clergy Discipline Commission may at any time amend or replace a Code of Practice issued under subsection (1) above by a further Code of Practice issued in accordance with the provisions of this section.

[F27(3)A Code of Practice shall be laid in draft before the General Synod and, if it is approved by the General Synod without amendment, the Code shall be issued by the Clergy Discipline Commission.

(3A)If the Code has been approved by the General Synod with amendment, it shall be referred to the Clergy Discipline Commission.

(3B)Where a draft Code of Practice is referred to the Clergy Discipline Commission under subsection (3A) above, then the Commission may either—

(a)issue the Code as so amended, or

(b)withdraw the Code for further consideration in view of any amendment by the General Synod,

and the Code shall not come into force until it has been approved by the General Synod and issued by the Commission.]

(4)Where the Business Committee of the General Synod determines that a Code of Practice does not need to be debated by the General Synod then, unless—

(a)notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the Code to be debated, or

(b)notice is so given by any such member that he wishes to move an amendment to the Code,

the Code shall, for the purposes of subsection (3) above, be deemed to have been approved by the General Synod without amendment.

Textual Amendments

F27 S. 39(3)-(3B) substituted for s. 39(3) (1.7.2013) by Clergy Discipline (Amendment) Measure 2013 (No. 2), s. 10(2), Sch. para. 10; S.I. 2013/2, art. 2

Commencement Information

I5S. 39 in force at 1.10.2003 by S.I. 2003/3, Instrument made by Archbishops

40When convictions etc. are to be deemed conclusiveE

(1)Proceedings under this Measure and a conviction by a secular court shall become conclusive for the purposes of this Measure—

(a)where there has been an appeal, upon the date on which the appeal is dismissed or abandoned or the proceedings on appeal are finally concluded, but, if varied on appeal, shall be conclusive only as so varied, and so far as it is reversed on appeal shall cease to have effect;

(b)if there is no such appeal, upon the expiration of the time limited for such appeal, or in the case of a conviction where no time is so limited, of two months from the date of the conviction; and

(c)in the case of a conviction against which there is no right of appeal from the date of the conviction.

(2)After the conviction of a clerk in Holy Orders by a secular court becomes conclusive a certificate of such conviction shall, for the purposes of this Measure be conclusive proof that he has committed the act therein specified.

(3)In the event of any such conviction by a secular court as makes a clerk in Holy Orders subject to removal from any preferment, or renders him liable to proceedings under this Measure the court shall cause the prescribed certificate of the conviction to be sent to the bishop of the diocese in which the court sits, and such certificate shall be preserved in the registry of the diocese, or of any other diocese to which it may be sent by the direction of the bishop.

Commencement Information

I6S. 40 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

41CompensationE

Any person in respect of whom a penalty of removal from office or revocation of a licence to serve in a diocese is imposed under this Measure and subsequently revoked on appeal shall be entitled to compensation, and the provisions of [F28Schedule 4 to the Mission and Pastoral Measure 2011] shall apply in relation to such a person as they apply to an incumbent of a benefice deemed to be vacated by virtue of [F29section 39 of that Measure].

Textual Amendments

Commencement Information

I7S. 41 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

42Application of Measure in special casesE

(1)In the application of this Measure to the following—

it shall be read with the following adaptations.

(2)In the case of a clerk in Holy Orders serving in a cathedral church, disciplinary proceedings may be instituted only by—

(a)a person nominated by the council of the cathedral church; or

(b)any other person, if the diocesan bishop concerned determines that that person has a proper interest in making the complaint.

(3)In the case of a chaplain of a prison, hospital, university, school or other institution, disciplinary proceedings may be instituted only by a person duly authorised by the diocesan bishop concerned to institute such proceedings.

(4)In the case of a chaplain of one of the armed forces of the Crown—

(a)disciplinary proceedings may be instituted only if the archbishop of Canterbury determines that the person concerned has a proper interest in making the complaint;

(b)the complaint shall be laid before the archbishop of Canterbury and references to the diocesan bishop concerned shall be construed as references to that archbishop.

(5)In the case of a minister who has a licence from the archbishop of a province—

(a)disciplinary proceedings may be instituted only by a person duly authorised by the archbishop to institute such proceedings;

(b)the complaint shall be laid before that archbishop and references to the diocesan bishop concerned shall be construed accordingly.

(6)In the case of a minister who has a licence from the University of Oxford or Cambridge—

(a)disciplinary proceedings may be instituted only by a person duly authorised by the archbishop of Canterbury to institute such proceedings;

(b)the complaint shall be laid before that archbishop and references to the diocesan bishop concerned shall be construed accordingly.

Commencement Information

I8S. 42 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

43InterpretationE

(1)In this Measure, unless the context otherwise requires–

[F34(1A)A reference in this Measure to being arrested for an offence includes a reference to being charged with an offence without being arrested.]

(2)For the purposes of this Measure an extra-diocesan place (including any place exempt or peculiar other than a Royal Peculiar) which is surrounded by one diocese shall be deemed to be situate within that diocese, and an extra-diocesan place which is surrounded by two or more dioceses shall be deemed to be situate within such one of them as the archbishop of the relevant province may direct.

(3)For the purposes of this Measure the seniority of diocesan bishops (other than archbishops) shall be determined by reference to the length of time that each of them has held office as diocesan in either province without interruption from any cause.

Textual Amendments

Commencement Information

I9S. 43 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

44Amendment of MeasuresE

F35(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The 1963 Measure shall have effect subject to the amendments specified in Schedule 1 to this Measure.

F36(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In the first column of the table in Schedule 1 to the Church of England (Legal Aid) Measure 1994 (1994 No. 3)—

(a)in item 1 after the words “before any” there shall be inserted the words “ disciplinary tribunal ”, and at the end there shall be inserted the words “ or of misconduct under the Clergy Discipline Measure 2003 ”;

(b)in item 3 after the word “committee” there shall be inserted the words “ and including also that Schedule as applied by section 41 of the Clergy Discipline Measure 2003 ”.

Textual Amendments

Commencement Information

I10S. 44(1)(2)(5) in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

I11S. 44(3)(4) in force at 1.6.2005 by S.I. 2005/1, instrument made by Archbishops

F3745RulesE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46RepealsE

The enactments specified in Schedule 2 to this Measure are hereby repealed to the extent specified in the second column of the Schedule .

Commencement Information

I12S. 46 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

47Transitional provisionsE

(1)Nothing in this Measure shall affect any proceedings instituted under Part III of the 1963 Measure or declaration made under Part IX thereof before the date on which section 8 above comes into operation, and the provisions of that Measure shall continue to apply in relation to any such proceedings or declaration as if this Measure had not been passed.

(2)Proceedings under this Measure may be instituted in relation to misconduct committed before the date on which section 8 above comes into operation:

Provided that the provisions of the 1963 Measure shall continue to apply in relation to any offence under that Measure committed before that date which does not constitute misconduct under this Measure as if this Measure had not been passed.

(3)This Measure shall not affect any censure, deposition, declaration of deprivation and disqualification or notice of inhibition imposed under the 1963 Measure, but any such censure, or declaration shall be deemed for the purposes of this Measure to be a penalty imposed under this Measure of the kind corresponding to the censure or declaration, and sections 26 to 29 above shall have effect in relation thereto accordingly.

(4)Sections 30 and 31 above shall apply in relation to sentences of imprisonment passed before, as well as after, the date on which those sections come into operation.

Commencement Information

I13S. 47 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops

48Citation, commencement and extentE

(1)This Measure may be cited as the Clergy Discipline Measure 2003.

(2)This Measure shall come into operation on such date as the archbishops of Canterbury and York may jointly appoint, and different dates may be appointed for different provisions.

(3)This Measure shall extend to the whole of the Provinces of Canterbury and York except the Channel Islands and the Isle of Man, but the provisions thereof may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures and if an Act of Tynwald or an instrument made in pursuance of an Act of Tynwald so provides, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.

Commencement Information

I14S. 48 in force at 1.10.2003 by S.I. 2003/3, Instrument made by Archbishops