Search Legislation

Clergy Discipline (Amendment) Measure 2013

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Clergy Discipline (Amendment) Measure 2013. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 9

SCHEDULEEAmendments of Clergy Discipline Measure 2003

1EThe Clergy Discipline Measure 2003 is amended as follows.

Commencement Information

I1Sch. para. 1 in force at 1.2.2014 by S.I. 2014/1, art. 2

2EAt the beginning of section 4(3) there are inserted the words “Subject to subsection (4) below,”.

Commencement Information

I2Sch. para. 2 in force at 1.2.2014 by S.I. 2014/1, art. 2

3EAfter section 4(3) there is inserted the following subsection—

(4)The president or deputy president of tribunals may select any person who may be appointed as the chairman of a disciplinary tribunal under section 22(1) below to act in his place when he is absent or unable or unwilling to act..

Commencement Information

I3Sch. para. 3 in force at 1.2.2014 by S.I. 2014/1, art. 2

4EIn section 21(4), for the words “No person” there are substituted the words “ No lay person ”.

Commencement Information

I4Sch. para. 4 in force at 1.2.2014 by S.I. 2014/1, art. 2

5ESection 23 is amended as follows—

(a)in subsection (1)(a), after the word “respondent” there are inserted the words “ or he is otherwise unable to act ” and for the words “relevant provincial panel of the province other than that in which the bishop serves” there are substituted the words “ provincial panel of either province ”;

(b)for subsection (1)(b) there shall be substituted the following paragraph—

(b)two persons in Holy Orders appointed by the president of tribunals, of whom one shall be in Episcopal Orders and the other shall be appointed from among those nominated to serve on the provincial panel of the province other than that in which the bishop serves;;

(c)in subsection (2)(a), after the word “respondent” there are inserted the words “ or he is otherwise unable to act ”; and

(d)for subsection (2)(b) there shall be substituted the following paragraph—

(b)two persons in Holy Orders appointed by the president of tribunals, of whom one shall be in Episcopal Orders and the other shall be appointed from among those nominated to serve on the provincial panel of the other province;.

Commencement Information

I5Sch. para. 5 in force at 1.2.2014 by S.I. 2014/1, art. 2

6EFor section 34 there is substituted the following section—

34Duty to disclose details of divorce and separation orders

(1)A person in Holy Orders in respect of whose marriage a decree nisi of divorce has been made absolute or an order of judicial separation has been made shall be under a duty, within the period of twenty-eight days following the decree or order—

(a)in the case of a priest or deacon, to inform the bishop of the diocese concerned,

(b)in the case of a bishop, to inform the archbishop concerned, and

(c)in the case of an archbishop, to inform the other archbishop—

(i)of the decree or order,

(ii)as to whether he was the respondent in the proceedings, and

(iii)if he was the respondent, of any finding of adultery, unreasonable behaviour or desertion against him and of the details or particulars of the conduct which led to any such finding.

(2)Failure to comply with the requirements of subsection (1) above shall be regarded as a failure to do an act required by the laws ecclesiastical for the purposes of section 8(1) above..

Commencement Information

I6Sch. para. 6 in force at 1.2.2014 by S.I. 2014/1, art. 2

7EAfter section 34 there is inserted the following section—

34ADuty to disclose inclusion in a barred list

(1)A person in Holy Orders who is included in a barred list shall be under a duty, within the period of twenty-eight days following his inclusion—

(a)in the case of a priest or deacon, to inform the bishop of the diocese concerned,

(b)in the case of a bishop, to inform the archbishop concerned, and

(c)in the case of an archbishop, to inform the other archbishop—

(i)of his inclusion in the barred list, and

(ii)of the reasons for his inclusion.

(2)Failure to comply with the requirements of subsection (1) above shall be regarded as a failure to do an act required by the laws ecclesiastical for the purposes of section 8(1) above..

Commencement Information

I7Sch. para. 7 in force at 1.2.2014 by S.I. 2014/1, art. 2

8EIn section 36(1)(b), after the word “arrested” there are inserted the words “ (whether in England or elsewhere) ”.

Commencement Information

I8Sch. para. 8 in force at 1.2.2014 by S.I. 2014/1, art. 2

9EIn section 37(1)(b), after the word “arrested” there are inserted the words “ (whether in England or elsewhere) ”.

Commencement Information

I9Sch. para. 9 in force at 1.2.2014 by S.I. 2014/1, art. 2

10EIn section 39, for subsection (3) there are substituted the following subsections—

(3)A Code of Practice shall be laid in draft before the General Synod and, if it is approved by the General Synod without amendment, the Code shall be issued by the Clergy Discipline Commission.

(3A)If the Code has been approved by the General Synod with amendment, it shall be referred to the Clergy Discipline Commission.

(3B)Where a draft Code of Practice is referred to the Clergy Discipline Commission under subsection (3A) above, then the Commission may either—

(a)issue the Code as so amended, or

(b)withdraw the Code for further consideration in view of any amendment by the General Synod,

and the Code shall not come into force until it has been approved by the General Synod and issued by the Commission..

Commencement Information

I10Sch. para. 10 in force at 1.7.2013 by S.I. 2013/2, art. 2

11EIn section 43(1), after the definition of “the 1963 Measure”, there is inserted the following definition—

barred list” has the meaning assigned to it by section 30(1A) above;.

Commencement Information

I11Sch. para. 11 in force at 1.2.2014 by S.I. 2014/1, art. 2

12EIn section 44—

(a)subsection (1) is repealed; and

(b)in subsection (4), for the words “provincial registrar” there are substituted the words “ provincial registrars ”.

Commencement Information

I12Sch. para. 12 in force at 1.2.2014 by S.I. 2014/1, art. 2

13EIn section 45(2)(a), for the words “Measure 1990” there are substituted the words “ Measures 1990 and 1994 ”.

Commencement Information

I13Sch. para. 13 in force at 1.2.2014 by S.I. 2014/1, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources