The Clergy Discipline Rules 2005

PART X Suspension

Suspension of a priest or deacon during proceedings

60.—(1) Where a complaint against a priest or deacon falls to be considered under section 12(1) of the Measure, the bishop may suspend the priest or deacon from exercising or performing without leave of the bishop any right or duty of or incidental to the office of priest or deacon, as the case may be.

(2) A notice suspending a priest or deacon under sub-rule (1) shall be in form 12a in the Schedule or in a form which is substantially to the like effect and may specify any rights or duties which by leave of the bishop are not suspended.

Suspension of a priest following arrest

61.—(1) Where a priest or deacon holding any preferment in a diocese is arrested on suspicion of committing a criminal offence the bishop may suspend the priest or deacon from exercising or performing without the leave of the bishop any right or duty of or incidental to the office of priest or deacon, as the case may be.

(2) A notice suspending a priest or deacon under sub-rule (1) shall be in form 13a in the Schedule or in a form which is substantially to the like effect, and may specify any rights or duties which by leave of the bishop are not suspended.

Contents of notice of suspension

62.  A notice of suspension given under rule 60(2) or 61(2) shall be signed by the bishop and shall—

(a) state the date from when the suspension takes effect,

(b) explain that the suspension, unless revoked by the bishop, will continue until the expiry of the period of 3 months following the date of service of the notice on the priest or deacon, or until—

(i) the proceedings under the Measure have been concluded, or

(ii) the proceedings for the criminal offence have been concluded,

whichever is the earlier in either case,

(c) explain—

(i) that where the proceedings under the Measure have not been concluded, or the proceedings for the criminal offence have not been concluded before the expiry of the period of three months from the date of service of the notice of suspension, as the case may be, then the bishop may cause a further notice of suspension to be served on the priest or deacon, and that this will continue for the same period as is specified in paragraph (b), and

(ii) that a further notice or notices of suspension, which may be in different terms from any previous notice, may be served on the priest or deacon if the circumstances in paragraph (i) of this sub-rule apply, until the proceedings under the Measure or the proceedings for the criminal offence have been concluded, as the case may be;

(d) state that the effect of the suspension is that the priest or deacon is forbidden to exercise or perform without the leave of the bishop any right or duty of or incidental to the office of priest or deacon, as the case may be,

(e) explain that within a period of 14 days from the date when the suspension takes effect the priest or deacon may appeal against the suspension to the President, who may within 28 days following the lodging of the appeal either confirm or revoke the suspension.

Notification to others of suspension

63.  A copy of the notice of suspension of a priest or deacon under rule 60(2) or 61(2) shall be sent or delivered by the bishop to—

(a) the archdeacon of the archdeaconry in which the priest or deacon holds office,

(b) the rural dean or area dean of the deanery in which the priest or deacon holds office,

(c) other clergy who hold office in the parish or parishes where the priest or deacon holds office,

(d) the churchwardens for each parish where the priest or deacon holds office,

(e) the registrar.

Revocation of suspension

64.—(1) The bishop may at any time during any period of suspension under rule 60 or rule 61 revoke a notice of suspension, and on so doing the bishop shall serve a notice in writing on the priest or deacon concerned stating that the notice of suspension has been revoked and that the period of suspension has been terminated.

(2) A copy of any notice revoking a notice of suspension shall be sent or delivered by the bishop to the persons specified in rule 63.

Notification of cessation of suspension

65.  Where—

(a) a suspension expires and no further notice of suspension is given by the bishop to the priest or deacon, or

(b) the proceedings under the Measure, or the proceedings for the criminal offence, are concluded without the imposition of any penalty of prohibition or removal from office or revocation of licence,

the bishop shall notify in writing the priest or deacon concerned and the persons specified in rule 63 that the suspension has ended.

Appeals by priest or deacon against notice of suspension

66.—(1) An appeal to the President by a priest or deacon shall be made in writing within 14 days of receipt of the notice of suspension, and—

(a) a copy of the notice of suspension shall be attached to the written appeal,

(b) the written appeal shall set out the grounds of the appeal,

(c) a copy of the written appeal shall be sent or delivered to the bishop by the appellant at the same time as the appeal is sent or delivered to the President.

(2) Within 14 days of the date of the lodging of the appeal with the President the bishop may send or deliver to the President written comments in answer to the appeal against suspension, and a copy of those comments shall be sent or delivered by the bishop to the appellant at the same time as they are sent or delivered to the President.

(3) The President may confirm or revoke the suspension and shall do so in writing within 28 days of the appeal being lodged, and a copy of the confirmation or revocation shall be sent or delivered to the appellant and the bishop.

(4) Where the suspension is revoked by the President on appeal, the bishop shall notify the persons specified in rule 63 that the suspension has been revoked.

(5) There shall be no stay of the suspension pending the determination of an appeal to the President against the suspension.