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The Clergy Discipline Rules 2005

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Notifying the respondent about the complaint

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10.—(1) Subject to sub-rule (2), within 7 days of receiving the complaint from the bishop, the registrar shall notify the respondent in writing—

(a)that a complaint has been made,

(b)that the registrar’s function is limited to scrutinising the complaint in order to produce a written report for the bishop setting out the registrar’s views on—

(i)whether, at the date when proceedings were instituted, the complainant was entitled under section10 of the Measure to make the complaint, and

(ii)whether there is sufficient substance in the complaint to justify proceeding with it,

(c)that no formal response or detailed evidence is required from the respondent at this preliminary stage as the registrar’s function is limited to the matters in paragraph (b) above,

(d)that the respondent will be requested by the bishop to respond to the complaint in detail with evidence in support if it proceeds beyond preliminary scrutiny,

(e)of the date when the registrar expects to submit the written report to the bishop.

(2) For the protection of the interests of a child, the registrar may in exceptional circumstances delay notifying the respondent that a complaint has been made until no later than 42 days after receipt of the complaint.

(3) When notifying the respondent under sub-rule (1), the registrar shall send the respondent a copy or, where sub-rule (4) applies, an edited transcript of the complaint and the written evidence in support.

(4) The registrar may delete from the respondent’s copy of the complaint form and written evidence in support any details which would or may reveal the identity of the complainant, a child or a witness, provided that—

(a)the registrar is satisfied there are exceptional circumstances and that to do so would be in the interests of justice, and

(b)the bishop is immediately notified in writing with an explanation of the registrar’s reasons.

Thereafter, details which would or may reveal the identity of the complainant, a child or a witness as the case may be, shall be withheld from the respondent and shall be erased from any papers sent to the respondent unless and until the bishop has decided not to dismiss the complaint under section 11(3) of the Measure or the President has reversed such a dismissal under section 11(4).

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