Clergy discipline proceedings

I110President of tribunals: power to remit to bishop

1

In section 11 of the Clergy Discipline Measure 2003 (preliminary scrutiny of complaint), in subsection (4)—

a

after “considers the dismissal to be plainly wrong,” insert

he may—

a

b

at the end insert

, or

b

remit the complaint to the bishop and direct the bishop to reconsider the dismissal

2

After subsection (4) of that section insert—

4A

On a reconsideration following a direction under subsection (4)(b), the bishop may nonetheless exercise the power under subsection (3) and, if the bishop does so, must give notice in accordance with that subsection; and subsection (4) and this subsection apply accordingly.

3

In section 13 of that Measure (decision to take no further action), in subsection (3)—

a

after “considers that the bishop's determination was plainly wrong, he may” insert

a

b

at the end insert

, or

b

remit the complaint to the bishop and direct the bishop to reconsider the determination that there is to be no further action

4

After subsection (3) of that section insert—

4

On a reconsideration following a direction under subsection (3)(b), the bishop may nonetheless decide under section 12(1)(a) to take no further action; and, if the bishop does so, this section applies accordingly.