Clergy Discipline Measure 2003

10 Institution of proceedings

(1) Disciplinary proceedings under this Measure may be instituted against any person who is subject to the jurisdiction of a disciplinary tribunal or the Vicar-General’s court by virtue of section 6 above, by way of complaint made in writing, only as follows—

(a) in the case of a priest or deacon, by—

(i) a person nominated by the parochial church council of any parish which has a proper interest in making the complaint, if not less than two-thirds of the lay members of the council are present at a duly convened meeting of the council and not less than two-thirds of the lay members present and voting pass a resolution to the effect that the proceedings be instituted; or

(ii) a churchwarden of any such parish; or

(iii) any other person who has a proper interest in making the complaint;

(b) in the case of a bishop, by—

(i) a person nominated by the bishop’s council of the diocese concerned, if not less than two-thirds of the members of the council are present at a duly convened meeting of the council and not less than two-thirds of the members present and voting pass a resolution to the effect that the proceedings be instituted; or

(ii) any other person who has a proper interest in making the complaint;

(c) in the case of an archbishop by—

(i) a person nominated by the archbishop’s council of his diocese if not less than two-thirds of the members of the council are present at a duly convened meeting of the council and not less than two thirds of the members present and voting pass a resolution to the effect that the proceedings be instituted; or

(ii) any other person who has a proper interest in making the complaint.

(2) A complaint under this section shall be laid—

(a) in the case of a priest or deacon, before the diocesan bishop concerned,

(b) in the case of a bishop, before the archbishop concerned,

(c) in the case of an archbishop, before the other archbishop,

and references in the following provisions of this Measure to the bishop by whom a complaint is received shall, in the case of proceedings against a bishop or archbishop, be construed as references to the archbishop or other archbishop respectively.

(3) A complaint made under this section shall be accompanied by written particulars of the alleged misconduct, and written evidence in support of the complaint shall be sent to the bishop or archbishop, as the case may be, either with the complaint or at such later time as he may allow.