Church of England (Miscellaneous Provisions) Measure 2024

11 Disciplinary proceedings etc. E

(1) In Schedule 1 to the Church of England (Legal Aid) Measure 1994 (proceedings for which legal aid may be given), after item 7 insert—

“8. Proceedings on a claim for judicial review of a decision by the president of tribunals on disciplinary proceedings under the Clergy Discipline Measure 2003.

Any person who, as a respondent to the disciplinary proceedings, is an interested party in the proceedings on the claim for judicial review.”

(2) At the end of that Schedule insert—

“NOTES

1 In item 8, “interested party” has the meaning given in Civil Procedure Rules relating to judicial review.”

(3) In section 20(1B) of the Clergy Discipline Measure 2003 (application for leave to appeal)—

(a) for paragraph (a) substitute—

“(a) shall, at the direction of the Dean of the Arches and Auditor, be heard either—

(i) by the Dean of the Arches and Auditor sitting alone, or

(ii) if the Dean is unable to hear the application, by a single person appointed by the Dean from among those nominated under section 21(2)(c) to serve on the relevant provincial panel,”, and

(b) in paragraph (c), for “at least one of the judges” substitute “the person hearing the application”.

(4) In rule 4D of the Clergy Discipline (Appeal) Rules 2005 (application for leave to appeal)—

(a) in paragraph (1), for “jointly by the Dean and one judge” substitute “by the Dean or by the person”, and

(b) in paragraph (3), omit “at least one of the judges is”.

(5) In each of the following provisions, for “diocesan safeguarding advisor” substitute “diocesan safeguarding officer”—

(a) in the Church Representation Rules, each of Rules 68(7)(a), 69(6)(a) and (11)(d) and 71(1) and Part 11,

(b) in the Churchwardens Measure 2001, each of sections 2(3C)(a), 6A(5)(a) and (10)(g) and 13(1),

(c) in the Clergy Discipline Measure 2003, each of sections 36(2B)(a) and 43(1),

(d) in the Clergy Discipline Rules 2005, rule 61C(2), and

(e) in the Cathedrals Measure 2021, each of sections 36(7)(a), 37(6)(a) and (11)(c), 39(1) and 53(5)(b)(ii).

(6) The amendments made by subsections (4) and (5)(d) do not affect the power to make further rules amending or revoking the provision made by those amendments.

Commencement Information

I1 S. 11 not in force at Royal Assent, see s. 22(4)

I2 S. 11(1)-(4)(6) in force at 17.5.2024 by S.I. 2024/631, art. 2 (with art. 3(2))