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Safeguarding and Clergy Discipline Measure 2016

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Safeguarding and Clergy Discipline Measure 2016

2016 No. 1

A Measure passed by the General Synod of the Church of England to make provision about safeguarding children and vulnerable adults; and to amend the Clergy Discipline Measure 2003.

[16th March 2016]

Safeguarding children and vulnerable adults

1Clergy: suspension

(1)In section 36 of the Clergy Discipline Measure 2003 (the title to which becomes “Suspension of priest or deacon”), in subsection (1), after paragraph (d) insert or

(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,.

(2)After subsection (2) of that section insert—

(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.

(3)After subsection (2A) of that section (inserted by subsection (2)) insert—

(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.

(4)After subsection (3A) of that section insert—

(3B)Where a notice of suspension is served under subsection (1)(e) and it has not been revoked under subsection (2), the suspension shall continue until the expiry of the period of three months following service of the notice; and a further notice of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.

(5)In section 37 of the Clergy Discipline Measure 2003 (the title to which becomes “Suspension of bishop or archbishop”), in subsection (1), after paragraph (d) insert or

(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,.

(6)After subsection (2) of that section insert—

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

(7)In subsection (6) of that section, for “(3), (3A)” substitute “(2A) to (3B)”.

(8)In section 43 of the Clergy Discipline Measure 2003 (interpretation)—

(a)in subsection (1), insert each of the following at the appropriate place—

  • “child” means a person aged under 18;,

  • “diocesan safeguarding advisor” means the person appointed as such for the diocese in question in accordance with provision made by Canon;, and

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

(b)after subsection (1) insert—

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

(9)In Schedule 1 to the Church of England (Legal Aid) Measure 1994 (proceedings for which legal aid may be given) at the end insert—

7. Proceedings on an appeal under section 36(6) or by virtue of section 37(6) of the Clergy Discipline Measure 2003 against a suspension made in reliance on section 36(1)(e) or 37(1)(e) of that Measure.The appellant.

2Churchwardens: disqualification and suspension

(1)In section 2 of the Churchwardens Measure 2001 (general disqualifications), after subsection (1) insert—

(1A)A person shall be disqualified from being chosen for the office of churchwarden if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

(2)In subsection (2) of that section, omit paragraph (b).

(3)After subsection (3) of that section insert—

(3A)A person’s disqualification under subsection (2)(a) may be waived by the bishop serving written notice on the person; and the notice must specify the bishop’s reasons for giving the waiver.

(3B)A waiver under subsection (3A)—

(a)is of unlimited duration, and

(b)has effect in every diocese.

(3C)Before giving a waiver under subsection (3A), the bishop must consult—

(a)the diocesan safeguarding advisor, and

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

(3D)On serving a notice under subsection (3A), the bishop shall give a copy of the notice to the registrar of the diocese; and the registrar shall file the copy in the diocesan registry.

(4)In section 4 of that Measure (time and manner of choosing churchwardens), in subsection (3), after “section 2(1),” insert “(1A),”.

(5)In section 6 of that Measure (admission to office of churchwarden), in subsection (1)(b), after “section 2(1),” insert “(1A),”.

(6)After section 6 of that Measure insert—

6ASuspension

(1)This section applies where—

(a)a churchwarden 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, or

(b)the bishop is satisfied, on the basis of information provided by a local authority or the police, that a churchwarden presents a significant risk of harm.

(2)The bishop may suspend the person from the office of churchwarden by serving written notice on the person; and the notice must specify the bishop’s reasons for imposing the suspension.

(3)The bishop may at any time revoke a suspension under this section by serving written notice on the person.

(4)For the purposes of subsection (1)(b), 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.

(5)Before suspending a person in reliance on subsection (1)(b) or revoking a suspension made in reliance on subsection (1)(b), the bishop must consult—

(a)the diocesan safeguarding advisor, and

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

(6)Where, in reliance on subsection (1)(a), a notice of suspension is served under subsection (2) and the suspension has not been revoked under subsection (3), the suspension continues until the earlier of—

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

(b)the conclusion of the matter.

(7)If, in the case of a suspension made in reliance on subsection (1)(a), the matter is not concluded before the expiry of the period referred to in subsection (6)(a), a further notice of suspension under subsection (2) may be served on the person; and subsection (6) and this subsection apply to the further suspension as they applied to the earlier suspension or suspensions.

(8)Where, in reliance on subsection (1)(b), a notice of suspension is served under subsection (2) and the suspension has not been revoked under subsection (3), the suspension continues until the expiry of three months beginning with the day on which the notice is served.

(9)In the case of a suspension made in reliance on subsection (1)(b), a further notice of suspension under subsection (2) may be served on the person; and subsection (8) and this subsection apply to the further suspension as they applied to the earlier suspension or suspensions.

(10)Having served a notice of suspension or revocation under this section, the bishop shall give each of the following written notification—

(a)the archdeacon of each archdeaconry in the diocese,

(b)the rural dean or the area dean of the deanery in which the parish in question is situated,

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

(d)the other churchwarden or churchwardens of the parish,

(e)each suffragan bishop of the diocese,

(f)the registrar of the diocese,

(g)the diocesan safeguarding advisor, and

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

(11)The registrar shall file the notification given under subsection (10)(f) in the diocesan registry.

(12)For the purposes of this section, 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.

(13)In this section—

  • “child” means a person aged under 18;

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

6BAppeal against suspension under section 6A

(1)A person on whom a notice of suspension is served under section 6A(2) may appeal against the suspension to the president of tribunals.

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

(7)In section 8 of that Measure (vacation of office), in subsection (1)(c), after “section 2(1),” insert “(1A),”.

(8)After subsection (1) of that section insert—

(1A)Where the office of churchwarden is vacated under subsection (1)(c) on a person being disqualified under section 2(2)(a), the person may resume the office if the disqualification is waived under section 2(3A) and if the office has remained vacant.

(9)In section 13 of that Measure (interpretation), in subsection (1), at the appropriate place insert—

  • “diocesan safeguarding advisor” means the person appointed as such for the diocese in question in accordance with provision made by Canon;.

(10)After subsection (1) of that section insert—

(1A)A reference in this Measure to an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 is a reference to an offence which is—

(a)mentioned in that Schedule as amended, extended or applied from time to time, or

(b)treated by an enactment (whenever passed or made) as if it were mentioned in that Schedule.

(11)In Part 6 of the Church Representation Rules (disqualifications etc.), in rule 46A, the text of which becomes paragraph (1) of that rule—

(a)in sub-paragraph (a), omit “a churchwarden,”,

(b)in sub-paragraph (b), omit “churchwarden or”, and

(c)after paragraph (1) insert—

(2)For provision about disqualification from being chosen for the office of churchwarden, see section 2 of the Churchwardens Measure 2001; and for provision about vacation of office as such on becoming disqualified under that section, see section 8 of that Measure.

3Parochial church council members etc: disqualification and suspension

(1)In Part 6 of the Church Representation Rules (disqualifications etc.), in rule 46A (before which is inserted a cross-heading “Disqualification”), in paragraph (1), after sub-paragraph (a) insert—

(aa)A person shall be disqualified from being nominated, chosen or elected or from serving as a member of a parochial church council, a district church council or any synod under these rules if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

(ab)A person shall be disqualified from being nominated, chosen or elected or from serving as a member of a parochial church council, a district church council or any synod under these rules if the person has been convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933.

(ac)A person shall be disqualified from being appointed to act or from acting as secretary or treasurer of a parochial church council if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

(ad)A person shall be disqualified from being appointed to act or from acting as secretary or treasurer of a parochial church council if the person has been convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933.

(2)In rule 46(1) of the Rules (vacation of seat by member of synod)—

(a)in sub-paragraph (e), for “46A(c)” substitute “46A(1)(c)”, and

(b)in sub-paragraph (f), for “46A(a)” substitute “46A(1)(a), (aa) or (ab)”.

(3)After rule 46A of the Rules insert—

46B(1)A person’s disqualification under rule 46A(1)(ab) or (ad) may be waived by the bishop of the diocese in question giving the person notice in writing; and the notice must specify the bishop’s reasons for giving the waiver.

(2)A waiver under paragraph (1)—

(a)is of unlimited duration, and

(b)has effect in every diocese.

(3)Before giving a waiver under paragraph (1), the bishop must consult—

(a)the diocesan safeguarding advisor, and

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

(4)On giving a notice under paragraph (1), the bishop shall send a copy of the notice to the registrar of the diocese; and the registrar shall file the copy in the diocesan registry.

(5)Where a person’s seat is vacated under rule 46(1) on a person being disqualified under rule 46A(1)(ab), the person may resume the seat if the disqualification is waived under paragraph (1) of this rule and if the seat has remained vacant.

(4)After rule 46B of the Rules (inserted by subsection (3)) insert—

Suspension

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.

(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.

(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.

(5)In rule 54 of the Rules (interpretation), in paragraph (1), at the appropriate place insert—

  • “diocesan safeguarding advisor” means the person appointed as such for the diocese in question in accordance with provision made by Canon;.

(6)In that rule, after paragraph (8) insert—

(9)A reference in these Rules to an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 is a reference to an offence which is—

(a)mentioned in that Schedule as amended, extended or applied from time to time, or

(b)treated by an enactment (whenever passed or made) as if it were mentioned in that Schedule.

(7)In Section 4 of Appendix 1 to the Rules (notice of annual parochial church council meeting), in note 3, after paragraph (a) insert—

(aa)A person shall be disqualified from being nominated, chosen or elected or from serving as a churchwarden or member of a parochial church council, a district church council or any synod under these rules if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

(ab)A person shall be disqualified from being nominated, chosen or elected or from serving as a churchwarden or member of a parochial church council, a district church council or any synod under these rules if the person has been convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933.

(ac)A person’s disqualification under paragraph (ab) may be waived by the bishop of the diocese in question giving the person notice in writing.

(8)In section 6 of Appendix 1 to the Rules (nomination to the House of Clergy or House of Laity of the Diocesan Synod), in the notes, at the end insert—

  • A person is disqualified from being nominated for membership of any Synod if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

  • A person is disqualified from being nominated for membership of any Synod if the person has been convicted of an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933; but the disqualification may be waived by the bishop of the diocese giving the person notice in writing.

(9)In that section of Appendix 1 to the Rules, in the note beginning “A person is disqualified”, for “he” substitute “the person”.

4Rules for appeals against suspensions

(1)Rules made under section 26(1) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 may make provision for carrying into effect—

(a)section 6B of the Churchwardens Measure 2001 (appeal against suspension of churchwarden in safeguarding case);

(b)Rule 46D of the Church Representation Rules (appeal against suspension of PCC member etc. in safeguarding case);

(c)provision made by Canon to confer a right of appeal against the suspension of a licence to exercise the office of reader or of a licence to serve as a lay worker.

(2)In section 26(1) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, after the second paragraph (f) insert—

(g)the provisions referred to in section 4(1) of the Safeguarding and Clergy Discipline Measure 2016;.

(3)In section 25(2) of that Measure (members of Rule Committee), in paragraph (c), after “the Clergy Discipline Measure 2003” insert “or proceedings under any of the provisions referred to in section 4(1) of the Safeguarding and Clergy Discipline Measure 2016”.

5Guidance

(1)A relevant person must have due regard to guidance issued by the House of Bishops on matters relating to the safeguarding of children and vulnerable adults.

(2)Each of the following is a relevant person—

(a)a clerk in Holy Orders who is authorised to officiate in accordance with the Canons of the Church of England;

(b)a diocesan, suffragan or assistant bishop;

(c)an archdeacon;

(d)a person who is licensed to exercise the office of reader or serve as a lay worker;

(e)a churchwarden;

(f)a parochial church council.

(3)In section 8(1) of the Clergy Discipline Measure 2003 (acts or omissions constituting misconduct)—

(a)after paragraph (a) insert—

(aa)failing to comply with the duty under section 5 of the Safeguarding and Clergy Discipline Measure 2016 (duty to have due regard to House of Bishops’ guidance on safeguarding children and vulnerable adults);, and

(b)in paragraph (b), after “failing to do any” insert “other”.

(4)In Part 2 of the Church Representation Rules (parochial church meetings and councils), in rule 9 (business), after paragraph (2) insert—

(2A)The annual report referred to in paragraph (1)(b) shall include a statement as to whether the council has complied with the duty under section 5 of the Safeguarding and Clergy Discipline Measure 2016 (duty to have due regard to House of Bishops’ guidance on safeguarding children and vulnerable adults).

6Meaning of “child” and “vulnerable adult”

(1)In this Measure, “child” means a person aged under 18.

(2)In this Measure, “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse, neglect or exploitation is significantly impaired through physical or mental disability or illness, old age, emotional fragility or distress, or otherwise; and for that purpose, the reference to being impaired is to being temporarily or indefinitely impaired.

(3)The Archbishops’ Council may by order amend this section so as to amend the definition of “vulnerable adult”.

(4)An order under this section may not be made unless—

(a)a draft of the order has been laid before the General Synod and approved by it with or without amendment, and

(b)the draft so approved has been referred to the Archbishops’ Council.

(5)On referral of the draft, the Council must—

(a)if the draft was approved without amendment, make the order by applying its seal, or

(b)if the draft was approved with amendment—

(i)make the order by applying its seal, or

(ii)withdraw the draft for further consideration.

(6)An order under this section comes into force when it is sealed by the Council.

(7)If the Business Committee of the General Synod determines that a draft of an order under this section does not need to be debated by the General Synod, the draft is to be treated as approved for the purposes of this section unless a member of the General Synod gives notice in accordance with its standing orders that the member—

(a)wishes the draft order to be debated, or

(b)wishes to move an amendment to it.

(8)The power to make an order under this section is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament providing for the instrument containing the order to be subject to annulment in pursuance of a resolution of either House of Parliament.

Clergy discipline proceedings

7Removal of limitation period in sexual misconduct cases

(1)In section 9 of the Clergy Discipline Measure 2003 (limitation period for disciplinary proceedings for misconduct), the text of which becomes subsection (1) of that section, at the end insert—

(2)Subsection (1) does not apply where the misconduct in question is conduct of a sexual nature towards a child.

(3)Subsection (1) does not apply where the misconduct in question is conduct of a sexual nature towards an adult if the president of tribunals considers that the adult was a vulnerable adult at the time of the conduct, having taken into account such representations as the complainant and respondent each make on the issue of vulnerability.

(4)Where, in a case within subsection (3), the president of tribunals does not consider that the adult was a vulnerable adult at the time of the conduct in question, the president may at the same time decide whether nonetheless to give permission under subsection (1) for the proceedings to continue; and for that purpose, the second proviso to subsection (1) has effect as if for “to be instituted” there were substituted “to continue despite having been instituted”.

(2)This section applies to conduct occurring before the commencement of this section (as well as to conduct occurring afterwards).

8Application to make complaint out of time: power to suspend

(1)After section 36 of the Clergy Discipline Measure 2003 insert—

36ASuspension of priest or deacon pending determination of application to bring proceedings out of time

(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.

(2)After section 37 of the Clergy Discipline Measure 2003 insert—

37ASuspension of bishop or archbishop pending determination of application to bring proceedings out of time

(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.

(3)This section applies to conduct occurring before the commencement of this section (as well as to conduct occurring afterwards).

9Registrar of tribunals: delegation of functions

(1)In section 5 of the Clergy Discipline Measure 2003 (registrar of tribunals), in subsection (7), after “registrar of tribunals for the other province” insert “or, where a person has been selected under subsection (8), that person”.

(2)After that subsection insert—

(8)The registrar of tribunals for a province—

(a)may select a person to perform the duties of the registrar in the circumstances mentioned in subsection (7), but

(b)may not do so without having obtained the written approval of the president of tribunals.

10President of tribunals: power to remit to bishop

(1)In section 11 of the Clergy Discipline Measure 2003 (preliminary scrutiny of complaint), in subsection (4)—

(a)after “considers the dismissal to be plainly wrong,” insert he may—

(a)”, and

(b)at the end insert , or

(b)remit the complaint to the bishop and direct the bishop to reconsider the dismissal.

(2)After subsection (4) of that section insert—

(4A)On a reconsideration following a direction under subsection (4)(b), the bishop may nonetheless exercise the power under subsection (3) and, if the bishop does so, must give notice in accordance with that subsection; and subsection (4) and this subsection apply accordingly.

(3)In section 13 of that Measure (decision to take no further action), in subsection (3)—

(a)after “considers that the bishop’s determination was plainly wrong, he may” insert

(a)”, and

(b)at the end insert , or

(b)remit the complaint to the bishop and direct the bishop to reconsider the determination that there is to be no further action.

(4)After subsection (3) of that section insert—

(4)On a reconsideration following a direction under subsection (3)(b), the bishop may nonetheless decide under section 12(1)(a) to take no further action; and, if the bishop does so, this section applies accordingly.

11Provincial panels: reappointment of legally qualified persons

In section 21 of the Clergy Discipline Measure 2003 (provincial panels), in subsection (5)—

(a)after “on retiring from the panel” insert “, a person nominated under subsection (2)(a) or (b) or (3)”, and

(b)after “further period of six years” insert “, and a person nominated under subsection (2)(c) shall be eligible to be nominated to serve for one or more further periods of six years”.

Final provisions

12Short title, commencement and extent

(1)This Measure may be cited as the Safeguarding and Clergy Discipline Measure 2016.

(2)This section comes into force on the day on which this Measure is passed.

(3)The preceding provisions of this Measure come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint; and different days may be appointed for different purposes.

(4)The Archbishops of Canterbury and York may by order jointly make transitional, transitory or saving provision in connection with the commencement of a provision of this Measure.

(5)The power to make an order under subsection (3) or (4) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament.

(6)This Measure extends to the whole of the provinces of Canterbury and York, except the Channel Islands and the Isle of Man (but see subsections (7) and (8)).

(7)This Measure may be applied to the Channel Islands, or either of them, in accordance with the Channel Islands (Church Legislation) Measures 1931 and 1957.

(8)If an Act of Tynwald or an instrument made under an Act of Tynwald so provides, this Measure extends to the Isle of Man subject to such exceptions, adaptations or modifications as are specified.

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