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Clergy Discipline Measure 2003

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This is the original version (as it was originally enacted).

6Jurisdiction in disciplinary proceedings

(1)A disciplinary tribunal constituted for a diocese has jurisdiction to hear and determine disciplinary proceedings under this Measure against a priest or deacon—

(a)who, when the misconduct complained of was alleged to have been committed, held preferment in the diocese or, subject to subsection (3) below, was resident therein; or

(b)who is alleged to have officiated as a minister in the diocese without authority.

(2)The Vicar-General’s court of each of the provinces of Canterbury and York constituted in accordance with the provisions of this Measure has jurisdiction to hear and determine disciplinary proceedings under this Measure—

(a)against any bishop who, when the misconduct complained of was alleged to have been committed, held preferment in the province or, subject to subsection (3) below, was resident therein; or

(b)against any bishop who is alleged to have officiated as a minister in the province without authority; or

(c)against the archbishop of the other province.

(3)Where disciplinary proceedings in respect of any matter are instituted under section 10 below against—

(a)a priest or deacon in the diocese in which he holds or held preferment or in which he is alleged to have officiated as a minister without authority, or

(b)a bishop in the province in which he holds or held preferment or in which he is alleged to have officiated without authority,

no such proceedings in respect of the same matter shall be instituted in any other diocese or the other province, as the case may be, on the basis of residence therein and any such proceedings previously instituted on that basis shall be discontinued.

(4)Where disciplinary proceedings in respect of any matter are instituted under section 10 below against—

(a)a priest or deacon in the diocese in which he is alleged to have officiated without authority, or

(b)a bishop in the province in which he is alleged to have officiated without authority,

no such proceedings in respect of the same matter shall be instituted in any other diocese or the other province, as the case may be, on the basis of preferment therein and any such proceedings previously instituted on that basis shall be discontinued.

(5)In this section and elsewhere in this Measure “preferment” has the meaning assigned to it by section 43 below.

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