The Ecclesiastical Jurisdiction (Discipline) Rules 1964

DEPRIVATION CONSEQUENT UPON CERTAIN PROCEEDINGS IN SECULAR COURTS (PART IX OF MEASURE)

52.—(1) Where under section 55 or section 56 of the Measure—

(a) a bishop has a duty to declare a priest or deacon to be deprived of a preferment and to be disqualified from holding preferment, in consequence of such a conviction, order or finding of a secular court as is mentioned in subsection (1) of the said section 55, or has power to make such a declaration in consequence of such an order as is mentioned in subsection (3) of the said section; or

(b) an archbishop has a duty to make such a declaration under subsection (2) of the said section in default of a bishop discharging his duty under the said subsection (1); or

(c) an archbishop has a duty under section 56 of the Measure to make such a declaration in respect of a bishop or archbishop in consequence of any such conviction, order or finding as is mentioned in the said subsection (1) or subsection (3);

the bishop or archbishop shall, before making the declaration, require the registrar of his diocese or province to give not less than 14 days' notice in writing to the priest, deacon, bishop or archbishop in respect of whom the declaration is to be made of the time and place at which the declaration will be made, and the person so notified shall be entitled to be present when the declaration is made.

(2) The bishop or archbishop shall be attended by the registrar of his diocese or province when making any such declaration, and the declaration shall be reduced to writing and a copy thereof shall be filed by the registrar in the registry.

(3) Where, in consequence of any such declaration, the provisions of the Measure relating to deposition from Holy Orders apply by virtue of section 57 of the Measure, the last 3 foregoing rules shall also apply.

(4) The certificate of a conviction, finding or order of a temporal court which the court is required to send to the bishop of the diocese by Section 79(3) of the Measure shall be signed by the registrar, clerk or other proper officer of the court.