- Latest available (Revised)
- Original (As enacted)
This version of this Measure contains provisions that are prospective.![]()
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Abuse Redress Measure 2025.![]()
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A Measure of the General Synod of the Church of England to create entitlements to redress in connection with certain persons who suffered abuse; to establish a fund for awards of redress; and for connected purposes.
[18th December 2025]
Prospective
Every person exercising functions for the purposes of this Measure must, in doing so, have due regard to the principle that every applicant for redress under this Measure, and every person entitled so to apply but yet to do so, should be treated with dignity, respect and compassion.
Commencement Information
I1S. 1 not in force at Royal Assent, see s. 33(3)
Prospective
(1)The functions conferred by or under this Measure on “the redress body” are functions of the Archbishops’ Council.
(2)The Archbishops’ Council may delegate those functions to another person.
(3)The Archbishops’ Council may delegate the functions of determining an application for redress and an award of redress under this Measure (but only those functions) to a panel constituted under the rules, whether or not other functions of the Archbishops’ Council are delegated to another person under subsection (2).
(4)If the functions of determining an application for redress and an award of redress under this Measure are delegated to another person under subsection (2), that other person may in turn delegate those functions (but only those functions) to a panel constituted under the rules.
(5)Accordingly, a reference to “the redress body” in a provision of this Measure is a reference to the person or persons for the time being required to exercise the functions under that provision; and for so long as a function is delegated under this section, the person making the delegation does not retain the power to exercise the function.
(6)Neither the Archbishops’ Council nor a connected person is liable in damages for anything done or omitted in the exercise or purported exercise of the Council’s functions under this Measure or the rules.
(7)For the purposes of subsection (6), “connected person” means—
(a)if the Council is not the redress body, the person or persons who are,
(b)a member, officer or member of staff of the Council, and
(c)where paragraph (a) applies, a member, officer or member of staff of the redress body.
(8)Subsection (6) does not apply if the act or omission is shown to have been in bad faith.
Commencement Information
I2S. 2 not in force at Royal Assent, see s. 33(3)
Prospective
(1)An application for redress under this Measure may be made by a person who suffered injury or loss in consequence of suffering abuse if the first or second condition is met.
(2)The first condition is met if, when the abuse was carried out—
(a)the person who carried out the abuse had authority to perform a role in the Church of England, and
(b)there was a close connection between activities authorised for performing that role and carrying out the abuse.
(3)The first condition is not met if, when the abuse was carried out—
(a)the person who carried out the abuse also had authority to perform a role outside the Church of England, and
(b)the connection between activities authorised for performing that other role and carrying out the abuse was closer than the connection referred to in subsection (2)(b).
(4)The second condition is met if each of the following six elements is met.
(5)The first element is met if, when the abuse was carried out, the person who carried it out (“A”) had, or had had, authority to perform a role in the Church of England.
(6)The second element is met if, before the abuse was carried out, a Church officer was aware or ought to have been aware of a significant risk that A might carry out abuse of the same or a similar nature.
(7)The third element is met if—
(a)the Church officer became aware of the risk at a time when A had authority to undertake activities to promote or further the mission of the Church of England, and
(b)the risk is such that is reasonable to think that it could arise in circumstances in which A was undertaking activities of that description or in A’s domestic or other personal circumstances.
(8)The fourth element is met if, after the Church officer became or ought to have become aware of the risk, that or another Church officer had an opportunity to take action of a kind—
(a)which it would have been reasonable for a Church officer of the same description as that or the other Church officer to take, and
(b)which it is reasonable to think could, if taken, have prevented A from carrying out the abuse.
(9)The fifth element is met if no Church officer who had that opportunity took action of that kind.
(10)The sixth element is met if it is more likely than not that, if a Church officer who had that opportunity had taken action of that kind, A would not have carried out the abuse.
(11)The second condition is not met if, after a Church officer became or ought to have become aware of the risk but before the abuse was carried out—
(a)A also had authority to perform a role outside the Church of England,
(b)in the setting in which A performed that other role, there was a person subject to a duty imposed by an enactment or rule of law to report any significant risk that abuse might be carried out in that setting,
(c)that person was aware or ought to have been aware of a significant risk that A might carry out abuse of the same or a similar nature as the abuse that was carried out but did not discharge the duty to report, and
(d)it is more likely than not that, if that person had discharged the duty to report, A would not have carried out the abuse.
Commencement Information
I3S. 3 not in force at Royal Assent, see s. 33(3)
(1)This section applies for the purposes of section 3.
(2)“Abuse” includes—
(a)sexual abuse,
(b)physical abuse,
(c)spiritual abuse,
(d)psychological or emotional abuse other than spiritual abuse,
(e)financial abuse, and
(f)neglect and maltreatment.
(3)“Financial abuse” includes—
(a)having money or other property stolen,
(b)being defrauded,
(c)being put under pressure in relation to money or other property, and
(d)having money or other property misused.
(4)The rules may make further provision about—
(a)the categories of injury or loss which are relevant for the purposes of section 3(1);
(b)the categories of abuse in subsection (2) of this section.
(5)The Archbishops’ Council may prepare, and from time to time revise, guidance about—
(a)the meaning of “close connection”;
(b)the meaning of “spiritual abuse”.
Commencement Information
I4S. 4 not in force at Royal Assent, see s. 33(3)
(1)This section applies for the purposes of section 3.
(2)Each of the following is a “Church officer”—
(a)a clerk in Holy Orders;
(b)a reader, lay worker or other lay person authorised to exercise ministry under the Canons;
(c)a person authorised to exercise ministry under a bishop’s mission order;
(d)a churchwarden, deputy churchwarden or assistant churchwarden;
(e)a parish safeguarding officer;
(f)a cathedral safeguarding officer;
(g)a diocesan safeguarding officer;
(h)a member of staff of the PCC for a parish;
(i)a member of staff in a National Church Institution;
(j)a member of staff of the diocesan board of finance for a diocese;
(k)a member of staff of the diocesan board of education for a diocese;
(l)a member of staff of the Chapter or Council of a cathedral;
(m)a member of staff in the private office of a diocesan or suffragan bishop;
(n)a candidate for ordination;
(o)a person in training at a theological education institution as a candidate for ordination;
(p)a member of staff in a theological education institution;
(q)a member or officer of a religious community or a person training to become a member of a religious community;
(r)a person training to become a reader or lay worker or any other lay person training to become authorised to exercise ministry under the Canons;
(s)a minister or lay member of a designated Church within the meaning of Canon B 43, or any other person, invited under that Canon to perform a duty;
(t)a person commissioned or sent by a mission agency;
(u)an ecclesiastical judge or legal officer;
(v)a person engaged in a voluntary capacity in work which involves promoting or advancing the work and mission of the Church of England and brings the person into frequent contact with children or vulnerable adults.
(3)In this section—
“candidate for ordination” means a person undergoing a process of discernment overseen by a clerk in Holy Orders acting in a role commonly referred to as “diocesan director of ordinands”;
“cathedral” includes the cathedral church of Christ in Oxford;
“cathedral safeguarding officer” means a person appointed by the Chapter of a cathedral to advise the Chapter on, or to have responsibility for managing, matters relating to the safeguarding of children and vulnerable adults;
“child” means a person aged under 18;
“diocesan safeguarding officer” means a person appointed as such for a diocese under Canon C 30;
“ecclesiastical judge” and “legal officer” each have the meaning given in section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018;
“mission agency” means a World Mission Agency of the Church of England which is a full member of the Partnership for World Mission and, in the case of a mission that is an unincorporated charity, is to be read as referring to charity trustees;
“parish safeguarding officer” means a person appointed by the PCC of a parish to advise the PCC on, or to have responsibility for managing, matters relating to the safeguarding of children and vulnerable adults;
“PCC” means parochial church council;
“religious community” means a religious community of the Church of England;
“theological education institution” means an institution for training candidates for ordination;
“vulnerable adult” has the same meaning as in the Safeguarding and Clergy Discipline Measure 2016.
(4)In the application of this section to the diocese in Europe, subsections (2) and (3) have effect as if—
(a)a reference to a parish were a reference to a chaplaincy, and
(b)a reference to the PCC of a parish were a reference to the council of the chaplaincy.
(5)A reference in this section to a person who is a member of staff in an organisation includes a reference to a person whose relationship with that organisation is akin to the relationship between employee and employer; but a person is to be regarded as a member of staff only if the person’s work involves promoting or advancing the work and mission of the Church of England.
Commencement Information
I5S. 5 not in force at Royal Assent, see s. 33(3)
(1)An application for redress under this Measure may be made by a person who—
(a)is the surviving partner, or a dependant child or dependant parent, of a person who suffered abuse and has died but, if still alive, would be entitled to make an application under section 3 relating to that abuse, and
(b)has, in consequence of the abuse, suffered mental or emotional injury or economic loss.
(2)See section 10(6) as to the circumstances in which an application under this section may be granted.
Commencement Information
I6S. 6 not in force at Royal Assent, see s. 33(3)
(1)An application for redress may not be made under section 3 or 6 by a person aged under 18 but may instead be made by a person aged 18 or over appointed as an appropriate adult for that person by the redress body in accordance with the rules.
(2)Where an appropriate adult has not been appointed for a person aged under 18 but that person nevertheless purports to make an application under section 3 or 6—
(a)the application is paused pending the appointment of an appropriate adult under subsection (1), but
(b)if the redress body decides in accordance with the rules that it is not feasible to make an appointment for that person, the application does not continue to proceed.
(3)Where an application under section 3 or 6 is made by a person appointed as an appropriate adult for a person aged under 18 but the person reaches the age of 18 before the application is determined, the appointment ceases to have effect when that person reaches that age.
(4)A person appointed as an appropriate adult for a person aged under 18 must act in that person’s best interests in relation to the application for redress.
(5)In the case of a person aged 16 or 17 who lacks capacity to bring an application for redress under section 3 or 6, this section does not affect the power of a person who has authority to do so under the Mental Capacity Act 2005 to make the application for that person.
(6)And where that person reaches the age of 18 before the application is determined and lacks capacity to proceed with the application, this section does not affect the power of a person who has the authority to do so under that Act to proceed with the application for that person.
(7)References in subsections (5) and (6) to lacking capacity are to be read with the Mental Capacity Act 2005.
Commencement Information
I7S. 7 not in force at Royal Assent, see s. 33(3)
(1)Where an application for redress is made under section 3 or 6 but the applicant dies before the application is determined, the application may continue to proceed in accordance with the rules.
(2)Where the person proceeding with an application for redress by virtue of this section dies before the application is determined, the application may continue to proceed in accordance with the rules.
(3)The person entitled to proceed with an application by virtue of this section is—
(a)the deceased’s surviving partner, or
(b)if there is no surviving partner, a surviving child of the deceased.
(4)The rules may specify circumstances in which it is the deceased’s personal representatives (within the meaning of the Administration of Estates Act 1925) who are entitled to proceed with an application by virtue of this section; and subsection (3) accordingly has effect subject to provision made in rules under this subsection.
Commencement Information
I8S. 8 not in force at Royal Assent, see s. 33(3)
Prospective
(1)An application for redress under this Measure must be made to the redress body in accordance with the rules.
(2)The application must, subject to subsection (3), be made—
(a)before the end of the period of five years beginning with the date on which this section comes into force, or
(b)if the General Synod resolves to extend that period, before the end of the extended period.
(3)Where a provision of the rules specifies a date as the final date on which applications for redress may be made—
(a)subsection (2) does not apply (except for the purposes of subsection (4)), and
(b)no application for redress may be made after the date so specified.
(4)The date so specified must be within the final 12 months of the period provided for under subsection (2).
(5)Rules making provision under subsection (3) may also make provision about the operation of this Measure after the date specified under that subsection; and that provision may specify a date as the date after which no further steps may be taken on an application or appeal under this Measure which has yet to be determined.
(6)The application may relate only to abuse which took place on or before the date specified in the rules (which may be after the commencement of this section).
(7)The application may relate to abuse which took place in England, elsewhere in the United Kingdom or outside the United Kingdom.
(8)But the application may not be made in such cases as are specified in the rules.
(9)The application may be made or continued by two or more persons acting jointly in such cases as are specified in the rules; and, where an application is so made or continued, a reference in this Measure to the applicant is to be read as a reference to the persons acting jointly.
(10)The rules may enable the redress body, in determining an application for redress and subject to the restrictions in subsection (11), to request information from—
(a)a person identified in the application, or in material relevant to it, as a person who carried out abuse to which the application relates, or
(b)if that person has died, a surviving relative of that person.
(11)The redress body may exercise the power conferred under subsection (10) only—
(a)if it has reasonable grounds to believe that making the request will help it to determine the application (whether in deciding whether the conditions in section 3 have been met or in some other way), or
(b)in such other circumstances as the rules may specify.
(12)Where this section comes into force on a different date for the purposes of section 3 from the date on which it comes into force for the purposes of section 6, the reference in subsection (2)(a) to the date on which this section comes into force is to be read for the purposes of each section as a reference to the first of those dates; accordingly, the period provided for under subsection (2) ends at the same time for the purposes of section 3 as it does for the purposes of section 6.
(13)The Statutory Instruments Act 1946 applies to a resolution under subsection (2)(b) as if this Measure were an Act of Parliament providing for the instrument containing the resolution to be subject to annulment in pursuance of a resolution of either House of Parliament.
Commencement Information
I9S. 9 not in force at Royal Assent, see s. 33(3)
(1)The redress body must decide the order of priority in which applications for redress under this Measure are to be determined; and in deciding that, the redress body must have particular regard to whatever matters are specified in the rules.
(2)Each application for redress is to be determined by the redress body on the basis of the applicable requirements imposed by this Measure or the rules and—
(a)material provided in support of the application,
(b)material provided in response to a request made by the redress body (whether to the applicant or for some other purpose),
(c)advice from a person appointed by the redress body to provide advice to it, and
(d)other material which the redress body considers relevant.
(3)The standard of proof on which an application for redress is to be determined is the balance of probabilities.
(4)When determining an application, the redress body must not rule on, and has no power to determine, a person’s civil or criminal liability arising from a matter to which the application relates.
(5)The entitlement to redress on the application is not affected by—
(a)whether a matter to which the application relates was reported to the police or a local authority;
(b)whether a matter to which the application relates was reported to a person specified as suitable for that purpose in guidance issued by the House of Bishops or the code of practice issued under section 5A of the Safeguarding and Clergy Discipline Measure 2016;
(c)whether the person by or in respect of whom the application is made has been convicted of an offence.
(6)The redress body may grant an application for redress under section 6 only if it is satisfied that there are exceptional circumstances which justify granting the application.
(7)The Archbishops’ Council may prepare, and from time to time revise, guidance as to what would amount to exceptional circumstances for the purposes of subsection (6).
(8)After determining the application, the redress body must notify the outcome of the determination in accordance with the rules.
(9)The determination of an application for redress may be paused in circumstances specified in the rules.
Commencement Information
I10S. 10 not in force at Royal Assent, see s. 33(3)
(1)This section applies where—
(a)the rules make provision under section 4(4)(b) giving descriptions of the abuse within a category in section 4(2), but
(b)the redress body, on its determination of an application under section 3, considers that the abuse to which the application relates—
(i)is not of a description given in the rules, but
(ii)is of a description sufficiently similar to a description given in the rules that it could reasonably be treated as being of that description.
(2)The redress body is entitled to decide that the abuse is to be treated for the purposes of the application as being of the description given in the rules.
Commencement Information
I11S. 11 not in force at Royal Assent, see s. 33(3)
(1)The redress body, on granting an application for redress under this Measure, must determine the award to be made to the applicant; and the award may consist of either or both of the following—
(a)a payment (a “redress payment”);
(b)some other remedy.
(2)Where the redress body considers that the abuse to which the application relates was aggravated by some factor, the award must specify—
(a)what the aggravating factor is,
(b)the impact it had on determining the award, and
(c)in so far as the award is a redress payment, the amount of the payment attributable to the aggravating factor.
(3)The amount of a redress payment is to be determined, and the payment itself is to be made, in accordance with the rules; and the rules may, in particular, enable the payment to be made as a single lump sum or in instalments.
(4)A remedy under subsection (1)(b) may be provided in stages or on more than one occasion.
(5)The redress body may make arrangements for facilitating access for a person awarded a redress payment to advice on the financial management of the award.
(6)The rules may provide that, in a case where compensation for having suffered abuse to which the application relates has been awarded to or in respect of the person who suffered the abuse, the amount of a redress payment is—
(a)if it exceeds the amount of the award of compensation, to be reduced;
(b)if it does not exceed the amount of the award of compensation, to be zero.
(7)Rules made under subsection (6) must make provision as to the meaning of the reference in that subsection to an award of compensation.
(8)The rules may make provision as to factors which are to be regarded as aggravating for the purposes of this section.
(9)The rules may make provision—
(a)for enabling a redress payment to be held on trust;
(b)for enabling the recovery of a redress payment made in error;
(c)for enabling the recovery of a redress payment made to an applicant who the redress body is satisfied knowingly provided false information in connection with the application.
(10)The rules may provide that the award of a redress payment—
(a)does not give rise to a specified liability imposed by or under Act of Parliament;
(b)is to be disregarded for the purposes of assessing eligibility for a specified entitlement conferred by or under Act of Parliament.
(11)The rules may provide that, in the case of an application under section 6, this section applies as if the reference to compensation for having suffered abuse were a reference, or included a reference, to compensation for mental or emotional injury or economic loss suffered by the applicant in consequence of the abuse to which the application relates.
Commencement Information
I12S. 12 not in force at Royal Assent, see s. 33(3)
(1)Where the redress body determines that a redress payment should be awarded but has yet to determine the amount of the payment, it may order an amount to be awarded pending the completion of the determination of the amount of the payment.
(2)Where an order has been made under subsection (1) and the amount of the redress payment exceeds the amount ordered under that subsection, the redress body must order a payment of an amount equivalent to the excess.
(3)In a case where the amount of the redress payment is reduced (including to zero) under provision made in the rules under section 12(6), the reference in subsection (2) of this section to the amount of the redress payment is a reference to the amount of the payment after the reduction is made.
Commencement Information
I13S. 13 not in force at Royal Assent, see s. 33(3)
(1)Where an award of redress is made under section 12 on an application under section 3—
(a)any right to bring civil proceedings to recover compensation in respect of relevant abuse is automatically waived, and
(b)any other right under an enactment or rule of law to recover compensation in respect of relevant abuse ceases to have effect.
(2)Where an award of redress is made under section 12 on an application under section 6—
(a)any right to bring civil proceedings to recover compensation in respect of relevant injury or loss is automatically waived, and
(b)any other right under an enactment or rule of law to recover compensation in respect of relevant injury or loss ceases to have effect.
(3)Where the award of redress is made on an application made in reliance on section 7 (application on behalf of child), subsection (1) or (2) of this section has effect in spite of any rule of law that would otherwise restrict or prevent it from doing so.
(4)In this section, “relevant abuse” means—
(a)the abuse to which the award of redress relates,
(b)any abuse to which the application for redress related but in respect of which no award of redress was made, and
(c)any other abuse suffered by the person in respect of whom the application was made for which the applicant would have been entitled to apply for redress under this Measure.
(5)In this section, “relevant injury or loss” means—
(a)the mental or emotional injury or economic loss to which the award of redress relates,
(b)any mental or emotional injury or economic loss to which the application for redress related but in respect of which no award of redress was made, and
(c)any other mental or emotional injury or economic loss suffered by the applicant for which the applicant would have been entitled to apply for redress under this Measure.
(6)This section does not affect the right of appeal under section 15 or the rights under section 18 (reconsideration in light of new information).
(7)The rules may make further provision for the purposes of this section.
Commencement Information
I14S. 14 not in force at Royal Assent, see s. 33(3)
Prospective
(1)An applicant for redress under this Measure may, in accordance with the rules, bring an appeal against a determination under section 12—
(a)that no award of redress is made to the person, or
(b)as to the amount of a redress payment or, in so far as the award is a remedy other than a redress payment, as to the form or content of that remedy.
(2)In a case where the amount of a redress payment was reduced under provision made in the rules under section 12(6), the reference in subsection (1)(b) of this section to the amount of the redress payment is a reference to the amount of the payment before the reduction was made.
Commencement Information
I15S. 15 not in force at Royal Assent, see s. 33(3)
(1)An appeal under section 15 may be brought only with the permission of a person or persons, known as “the appeal authority”, appointed by the Archbishops’ Council; and an application for permission to appeal must be made in accordance with the rules.
(2)A person is eligible for appointment under this section only if that person—
(a)holds or has held high judicial office, or
(b)holds or has held the office of circuit judge or has the qualifications required for holding that office.
(3)In making an appointment under this section, the Archbishops’ Council must seek to ensure that the application for permission and, if permission is granted, the appeal itself are heard without undue delay.
(4)An application for permission to appeal may be granted only if the appeal authority considers—
(a)that the appeal has a real prospect of success, or
(b)that there is some other compelling reason for the appeal to be heard.
(5)In determining an application for permission to appeal, the appeal authority is not subject to the direction of the Archbishops’ Council or the redress body (if it is not itself the Council).
(6)It is for the Archbishops’ Council to decide the terms (including as to remuneration) on which a person is appointed to determine an application for permission; and the Council may delegate the function of making decisions under this subsection.
(7)No person who is or has been appointed to determine an application for permission is liable in damages for anything done or omitted in the exercise or purported exercise of functions under this Measure or the rules.
(8)In subsection (2)(a), “high judicial office” means—
(a)high judicial office within the meaning of Part 3 of the Constitutional Reform Act 2005 (see section 60(2) of that Act), or
(b)membership of the Judicial Committee of the Privy Council.
Commencement Information
I16S. 16 not in force at Royal Assent, see s. 33(3)
(1)An appeal under section 15 is to be limited to a review of the determination under section 12; and the rules may make provision as to how that review is to be carried out.
(2)The appeal is to be decided by—
(a)the appeal authority who determined the application for permission under section 16, or
(b)if the appeal authority as it was constituted on that application is unable to decide the appeal, a person or persons appointed in the same manner (see section 16(2) and (3)).
(3)The appeal authority may appoint one or more persons to assist with the decision on the appeal.
(4)The appeal authority may—
(a)confirm the determination,
(b)reverse the determination, or
(c)vary the determination by increasing the amount of a redress payment or changing the form or content of another remedy.
(5)The power under subsection (4)(b) to reverse a determination includes a power to award a redress payment or make some other award of redress; and sections 12 and 13 apply accordingly with such modifications as are necessary.
(6)The decision on the appeal is final (except in so far as the decision is amenable to judicial review).
(7)Subsections (5) to (7) of section 16 apply to a decision under this section as they apply to a determination under that section.
Commencement Information
I17S. 17 not in force at Royal Assent, see s. 33(3)
(1)This section applies where, following the determination of an application for redress under this Measure, the applicant obtains information that the applicant was unaware of, and could not with reasonable diligence have discovered, at the time of making the application.
(2)This section also applies where, following the determination of an application for redress under this Measure, a person other than the applicant has information which that person has reasonable grounds to believe is relevant to the application for redress.
(3)The applicant or other person may, in accordance with the rules, give the information to the redress body for it to reconsider the application for redress in light of the information.
(4)Pending the outcome of the reconsideration of the application—
(a)the applicant may not bring an appeal under section 15;
(b)if the applicant has brought an appeal under that section which has yet to be decided, no further steps on the appeal may be taken.
(5)The rules may make provision—
(a)as to the procedure to be followed by the redress body on receiving information under subsection (3);
(b)as to the right of the applicant to appeal against or request a review of the determination on the reconsideration of the application;
(c)to apply a provision of this Measure with modifications, for the purposes of provision made under paragraph (a) or (b).
Commencement Information
I18S. 18 not in force at Royal Assent, see s. 33(3)
Prospective
(1)The Archbishops’ Council must open an account (“the redress fund”) from which payments required for making awards of redress and payments required under or by virtue of section 27 are to be made.
(2)The Archbishops’ Council must ensure that payment is made from the redress fund of whatever amounts are required for making awards of redress.
(3)But subsection (2) does not require the Archbishops’ Council to do anything which it has reasonable grounds to believe would put at risk its continuation as a going concern; nor does it require any member of the Council to do anything which that member has reasonable grounds to believe—
(a)would put at risk the Council’s continuation as a going concern, or
(b)would put that member in breach of the member’s duties as a charity trustee.
Commencement Information
I19S. 19 not in force at Royal Assent, see s. 33(3)
(1)If the Archbishops’ Council is satisfied by reference to matters specified in the rules that current circumstances are such that doing a certain thing would put the Council or any of its members at risk as referred to in section 19(3), the Council must issue a certificate to that effect in accordance with the rules.
(2)A certificate under this section must include an explanation of how the Archbishops’ Council has come to be satisfied that those specified criteria are met.
(3)The Archbishops’ Council, having issued a certificate under this section, may make provision for whatever consequential matters are necessary for securing that neither the Council nor any of its members is put at risk as referred to in section 19(3).
(4)The matters for which provision may be made under subsection (3) include, for example—
(a)pausing the operation of this Measure;
(b)pausing the determination of certain applications under this Measure;
(c)pausing or restricting payments from the redress fund;
(d)varying the method of determining the amount of an award of redress.
(5)Provision made under subsection (3) may apply for a definite or indefinite period.
(6)The power to make provision under subsection (3) does not affect the power of the Rule Committee to amend the rules.
(7)The Archbishops’ Council must cause a certificate issued under subsection (1) and an explanation of whatever provision it has made under subsection (3) in consequence of the certificate to be laid before the General Synod as soon as reasonably practicable after the issue of the certificate.
(8)The Standing Orders of the General Synod must include provision giving the Synod an opportunity at the next group of sessions following the laying of the certificate and explanation under subsection (7)—
(a)to consider the certificate and explanation, and
(b)to question representatives of the Archbishops’ Council in connection with the certificate and explanation.
(9)The Archbishops’ Council must have due regard to the view expressed by the General Synod on its consideration of the certificate and explanation.
Commencement Information
I20S. 20 not in force at Royal Assent, see s. 33(3)
(1)The redress body, having made an award of redress, may request from one or more appropriate authorities—
(a)in so far as the award is a redress payment, a financial contribution;
(b)in so far as the award involves some other remedy—
(i)a financial contribution towards payments for the provision of that remedy;
(ii)the authority’s commitment to co-operate in the provision of the remedy by taking whatever steps are reasonably required to provide that remedy.
(2)The rules may enable the redress body, having awarded a redress payment, to request a financial contribution from a person identified as having carried out abuse to which the application relates.
(3)An “appropriate authority” is, in the case of a person identified as having carried out abuse to which the application relates and who is of a description given in the first column of the following table, the person specified in the second column—
| Person identified as having committed abuse | Appropriate authority |
|---|---|
| An archbishop or a diocesan bishop | The Church Commissioners |
| A suffragan bishop or archdeacon | The diocesan board of finance for the diocese which includes the suffragan see or archdeaconry |
| A clerk in Holy Orders who has a form of authority to exercise ministry in a parish | The PCC for the parish |
| The dean, ministers, lay officers or staff of a cathedral | The Chapter of the cathedral |
| A clerk in Holy Orders employed by, or licensed to minister at the direction of, a diocesan board of finance | The diocesan board of finance |
| A clerk in Holy Orders licensed to minister and who does not come within any of the preceding entries in this table | The person entitled to grant the licence |
| A candidate for ordination undergoing a process of discernment overseen by a clerk in Holy Orders acting in a role commonly referred to as “diocesan director of ordinands” | The bishop of the diocese in which the candidate is undergoing the process |
| A person in training at a theological education institution as a candidate for ordination or a member of staff in the institution | The governing body of the theological education institution |
| A lay worker or reader licensed to a parish, another office holder within a parish or a member of staff or other worker in or volunteer for the PCC for a parish | The PCC for the parish |
| A member of staff in a National Church Institution | The National Church Institution |
| An officer or member of staff of a diocesan board of finance | The diocesan board of finance |
| A member of staff in the private office of a diocesan or suffragan bishop | The diocesan or suffragan bishop |
| A member or officer of a religious community or a person training to become a member of a religious community | The religious community |
| A person authorised to exercise ministry under a bishop’s mission order | The person responsible for the organisation, governing and financing of the mission initiative or, if no such person is specified in the order, the bishop of each diocese affected |
| A person commissioned or sent by a mission agency | The mission agency |
(4)In the table—
“cathedral” means a cathedral to which the Cathedrals Measure 2021 applies or the cathedral church of Christ in Oxford and “ministers”, in relation to a cathedral, is to be read with section 12(12) of that Measure;
“mission agency” means a World Mission Agency of the Church of England which is a full member of the Partnership for World Mission and, in the case of a mission agency that is an unincorporated charity, is to be read as referring to the charity trustees;
“PCC” means parochial church council;
“religious community” has the same meaning as in the Canons (see Canon DA 1);
“theological education institution” means an institution recognised by the House of Bishops as an institution for training candidates for ordination.
(5)In the application of this section to the diocese in Europe, subsection (3) has effect as if—
(a)a reference to a parish were a reference to a chaplaincy, and
(b)a reference to the PCC of a parish were a reference to the council of the chaplaincy.
(6)In a case where a person identified as having carried out abuse to which the application relates is the dean or a member of the clergy, lay officer or member of staff of the cathedral church of Christ in Oxford, this section has effect as if the reference in subsection (3) to the Chapter of the cathedral were a reference to the person specified in the rules.
(7)In this section, a reference to a person identified as having carried out abuse to which an application relates is a reference to a person identified in the application, or in material relevant to it, as a person who carried out abuse to which the application relates.
Commencement Information
I21S. 21 not in force at Royal Assent, see s. 33(3)
(1)The amount of a financial contribution under section 21 is to be determined in accordance with the rules.
(2)Financial contributions of different amounts, or co-operation of different kinds, may be requested under section 21 from different persons (including from different persons of the same description).
(3)The Archbishops’ Council may prepare, and from time to time revise, guidance for appropriate authorities on the operation of section 21, including in particular—
(a)the form which a remedy other than the award of a redress payment may take, and
(b)co-operating in the provision of a remedy of that kind.
(4)In co-operating for the purpose mentioned in subsection (3)(b), an appropriate authority must have due regard to that guidance.
(5)A request under subsection section 21(1)(b) to an appropriate authority may be made on more than one occasion, subject to whatever time limit is specified in the rules.
(6)The absence from the first column of the table in section 21(3) of a reference to a person of a particular description is not by itself to be taken as meaning that an application for redress under section 3 cannot be made in a case where the person who carried out the abuse was of that description.
(7)A person specified in the second column of the table in section 21(3) may choose to make a payment into the redress fund, or co-operate with the provision of some other remedy, even if the person has not been requested to do so.
Commencement Information
I22S. 22 not in force at Royal Assent, see s. 33(3)
(1)The making of payments from the redress fund by or on behalf of the Archbishops’ Council is to be treated for all purposes as charitable.
(2)But subsection (1) is to be read in light of section 19(3).
(3)Where an appropriate authority which is a charity makes a payment into the redress fund, the making of the payment is to be treated for all purposes as charitable.
(4)“Charitable”, in relation to a payment into or from the redress fund, means—
(a)furthering the charity’s charitable purposes,
(b)being consistent with the charity’s constitution,
(c)providing public benefit,
(d)not being contrary to the interests of the charity, and
(e)being within the powers exercisable by the charity trustees.
(5)An expression used in subsection (4) and in the Charities Act 2011 has the same meaning in that subsection as in that Act.
Commencement Information
I23S. 23 not in force at Royal Assent, see s. 33(3)
Prospective
(1)The General Synod may by resolution—
(a)amend section 3 by adding, removing or varying a description of circumstances in subsection (7) of that section;
(b)amend section 5 by adding, removing or varying a description of “Church officer”;
(c)amend section 21 by adding, removing or varying an entry in the table in subsection (3) of that section.
(2)A resolution under subsection (1)(b) may make consequential amendments to section 21 .
(3)Before a draft of a resolution under this section is laid before the General Synod for approval, the Archbishops’ Council must carry out such consultation as it considers appropriate.
(4)The Statutory Instruments Act 1946 applies to a resolution under this section as if this Measure were an Act of Parliament providing for the instrument containing the resolution to be subject to annulment in pursuance of a resolution of either House of Parliament.
Commencement Information
I24S. 24 not in force at Royal Assent, see s. 33(3)
(1)The Archbishops’ Council may prepare, and from time to time revise, a code of practice for appropriate authorities on insurance against liability for abuse.
(2)The code may impose requirements on appropriate authorities and may give guidance to appropriate authorities on compliance with those requirements.
(3)An appropriate authority must, accordingly, comply with a requirement imposed by the code.
Commencement Information
I25S. 25 not in force at Royal Assent, see s. 33(3)
(1)An appropriate authority must co-operate with the Archbishops’ Council and with the redress body (unless the Council is the redress body)—
(a)with a view to entering into an agreement for the disclosure of information which will better enable the redress body to exercise functions for the purposes of this Measure, and
(b)otherwise in connection with such disclosure.
(2)The redress body may for the purposes of this Measure by notice require an appropriate authority or some other person (but not an applicant for redress) to provide it on or before the date specified with—
(a)information, documents, objects or other items of evidence;
(b)evidence in the form of a written statement.
(3)The Archbishops’ Council may put in place arrangements for enabling a person to whom a notice under subsection (2) is given to object to the notice on the grounds that—
(a)the person is unable to comply with the notice, or
(b)it is not reasonable in all the circumstances to require the person to comply with the notice.
(4)The rules may make provision as to—
(a)grounds on which an objection under subsection (3) may be made;
(b)the procedure to be followed in making the objection;
(c)the procedure to be followed and the steps that may be taken on determining the objection.
(5)The rules may make provision enabling the redress body to disclose to specified persons for specified purposes information provided to it in response to a notice under subsection (2).
(6)A notice under subsection (2) does not have effect to the extent that—
(a)complying with the notice would involve the disclosure of information which would contravene the data protection legislation, or
(b)the person to whom the notice applies would be entitled to refuse to comply with the notice in or for the purposes of proceedings in a court in England and Wales.
(7)A reference in this section to the disclosure or provision of information does not include a reference to the disclosure or provision of personal data unless the person who would disclose or produce the data is the controller in relation to it.
(8)In this section, “controller”, “personal data” and “the data protection legislation” each have the same meaning as in the Data Protection Act 2018.
Commencement Information
I26S. 26 not in force at Royal Assent, see s. 33(3)
(1)The rules may make provision for the assessment and reimbursement of costs incurred in connection with providing legal advice and assistance for the purposes of this Measure.
(2)The rules may make provision for the payment or reimbursement of other specified costs.
(3)The rules may require a payment of a specified amount to be made to the lawyer acting on an application for redress or an appeal under this Measure; and the rules may provide for the payment to be made—
(a)regardless of the outcome of the application or appeal, or
(b)only if the application or appeal has reached a specified stage.
(4)The Archbishops’ Council may pay costs incurred, or to be incurred, in connection with the provision of a service which it considers will enhance the operation of this Measure.
(5)“Lawyer” means—
(a)a solicitor within the meaning of the Legal Services Act 2007,
(b)a barrister within the meaning of that Act who is authorised to take instructions directly from a person rather than through a solicitor, or
(c)a person authorised by the Institute of Chartered Legal Executives to practise as a chartered legal executive.
Commencement Information
I27S. 27 not in force at Royal Assent, see s. 33(3)
For the purposes of the law of defamation, publication of anything under this Measure or the rules by the redress body is absolutely privileged.
Commencement Information
I28S. 28 not in force at Royal Assent, see s. 33(3)
(1)The power to make the rules for the purposes of this Measure is exercisable by the Rule Committee.
(2)The rules may make whatever provision the Rule Committee thinks necessary or appropriate for carrying into effect a provision of this Measure.
(3)The rules may make different provision for different cases.
(4)The rules may provide for a person to exercise a discretion.
(5)Section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (“the 2018 Measure”) applies to the rules as if they were rules under that section.
(6)Where, before this Measure was passed, rules proposed to be made under this Measure were approved by the General Synod in accordance with its Standing Orders, rules made after the commencement of this section in a form substantially the same as the approved form are to be treated as having already been approved for the purposes of section 83(9) of the 2018 Measure.
(7)The rules relating to the determination of an application for redress or an award of redress may refer to a document issued by the Archbishops’ Council designed to supplement those rules; but this subsection does not affect the generality of subsection (4).
(8)Where there is an inconsistency between the rules and the document referred to in subsection (7), the rules prevail to the extent of the inconsistency.
Commencement Information
I29S. 29 in force at Royal Assent, see s. 33(2)
Prospective
(1)The Archbishops’ Council must, after the expiry of the third year of the five-year period referred to in section 9(2)(a) but before the beginning of the final 15 months of that period—
(a)carry out a review of the operation of this Measure and the rules, and
(b)decide, in light of that review, whether the period during which an application for redress may be made should be extended.
(2)The Archbishops’ Council, having carried out the review under subsection (1)(a), must publish a report of the review and its decision under subsection (1)(b).
(3)The Archbishops’ Council must lay the report under subsection (2) before the General Synod so as to enable the Synod to decide whether to exercise its power under section 9(2)(b) (extension of five-year period).
Commencement Information
I30S. 30 not in force at Royal Assent, see s. 33(3)
Prospective
(1)This section applies for the purposes of this Measure.
(2)A person is the “surviving partner” of a deceased person if that person is the deceased’s surviving spouse, surviving civil partner or other surviving partner.
(3)A person is the “other surviving partner” of a deceased person if, immediately before the death, they were not married to, or civil partners of, each other but—
(a)were living together as if they were, or
(b)were in a relationship having other characteristics of a marriage or civil partnership.
(4)“Child”, in relation to a person, includes a step-child of that person and a child of that person’s civil partner or other partner; and for that purpose—
(a)a reference to a child is not limited to a person aged under 18, and
(b)a reference to a person’s other partner is to be construed in accordance with subsection (3).
(5)A person is a “dependant child” of a deceased person if—
(a)the person is a child of the deceased for whom, immediately before the death, the deceased had a financial or caring responsibility, or
(b)the deceased had, immediately before the death, parental responsibility for the person.
(6)“Parental responsibility” has the meaning given in the Children Act 1989.
(7)A person is a “dependant parent” of a deceased person if—
(a)the person is a parent of the deceased, and
(b)the deceased had, immediately before the death, a financial or caring responsibility for the person.
(8)“Spouse” includes a person married to somebody of the same sex; and a reference to being married is to be construed likewise.
Commencement Information
I31S. 31 not in force at Royal Assent, see s. 33(3)
In this Measure—
“abuse” has the meaning given in section 4;
“appropriate authority” has the meaning given in section 21;
“redress body” has the meaning given in section 2;
“redress fund” has the meaning given in section 19;
“redress payment” has the meaning given in section 12.
Commencement Information
I32S. 32 not in force at Royal Assent, see s. 33(3)
(1)This Measure may be cited as the Abuse Redress Measure 2025.
(2)This section and section 29 (power to make rules) come into force on the day on which this Measure is passed.
(3)The other provisions of this Measure come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint; and different days may be appointed for different purposes.
(4)The power to make an order under subsection (3) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament.
(5)This Measure extends to—
(a)the whole of the province of Canterbury, except the Channel Islands (subject to subsection (6)), and
(b)the whole of the province of York, except the Isle of Man (subject to subsection (7)).
(6)This Measure may be applied to the Channel Islands or either of them, with or without modifications, under any procedure for doing so which has effect in the Islands or (as the case may be) the Island in question; and for that purpose, a reference to the Channel Islands or either of them has the same meaning as a reference to the Bailiwicks or either of them has in the Channel Islands Measure 2020.
(7)If an Act of Tynwald or an instrument made under an Act of Tynwald so provides, this Measure extends to the Isle of Man subject to such exceptions, adaptations or modifications as are specified in the Act or instrument.
(8)This Measure applies to the diocese in Europe as if it were a diocese in the province of Canterbury; and, in the application of this Measure to the diocese in Europe, any function imposed is exercisable only in so far as would be consistent with the applicable domestic law.
Commencement Information
I33S. 33 in force at Royal Assent, see s. 33(2)
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