Clergy Conduct Measure 2026

Prospective

Schedules

Section 70

Schedule 1 E Consequential amendments

City of London (Guild Churches) Act 1952 E

1 In section 12 of the City of London (Guild Churches) Act 1952 (vicars), in subsection (10), for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 73(3)

Ecclesiastical Jurisdiction Measure 1963 E

2 The Ecclesiastical Jurisdiction Measure 1963 is amended as follows.

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 73(3)

3 (1) Section 3 (judges of the Arches and Chancery Courts) is amended as follows.

(2) In subsection (1), for “section 20 of the Clergy Discipline Measure 2003” substitute “section 52 of the Clergy Conduct Measure 2026”.

(3) In subsection (2), for paragraph (b) substitute—

“(b) two shall be appointed in accordance with section 54 of the Clergy Conduct Measure 2026.”

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 73(3)

4 (1) Section 7 (jurisdiction of the Arches and Chancery Courts) is amended as follows.

(2) In subsection (1A), for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

(3) In subsection (2)(a), for “the leave of the court in accordance with section 20(1A) and (1B) of the Clergy Discipline Measure 2003” substitute “the permission of the court in accordance with section 53 of the Clergy Conduct Measure 2026”.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 73(3)

5 In section 60 (powers in relation to costs), in subsection (2), for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 73(3)

6 In section 66 (interpretation), in subsection (1), in the definition of “disciplinary tribunal”, for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 73(3)

Overseas and Other Clergy (Ministry and Ordination) Measure 1967 E

7 The Overseas and Other Clergy (Ministry and Ordination) Measure 1967 is amended as follows.

Commencement Information

I7 Sch. 1 para. 7 not in force at Royal Assent, see s. 73(3)

8 (1) Section 1 (permission for overseas clergy to officiate) is amended as follows.

(2) In subsection (5A)(b), for the words from “a penalty under” to “that Measure” substitute “a penalty under section 37(1)(e), (f) or (h) of the Clergy Conduct Measure 2026 (including by virtue of section 46 of that Measure)”.

(3) In subsection (6)—

(a) for the words from “an offence” to “Clergy Discipline Measure 2003” substitute “a breach of ecclesiastical law on which a complaint of misconduct may be made under the Clergy Conduct Measure 2026”, and

(b) for “such an offence” substitute “such a breach”.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 73(3)

9 In section 4 (performance of episcopal functions by overseas bishops), in subsection (3) for the words from “he shall” to the end substitute “the bishop commits a breach of ecclesiastical law on which a complaint of misconduct may be made under the Clergy Conduct Measure 2026.”

Commencement Information

I9 Sch. 1 para. 9 not in force at Royal Assent, see s. 73(3)

Synodical Government Measure 1969 E

10 In the Church Representation Rules (contained in Schedule 3 to the Synodical Government Measure 1969), in Rule 70 (safeguarding cases: appeal against suspension), in paragraph (2), for “section 4 of the Clergy Discipline Measure 2003” substitute “section 4 of the Clergy Conduct Measure 2026”.

Commencement Information

I10 Sch. 1 para. 10 not in force at Royal Assent, see s. 73(3)

Church of England (Legal Aid) Measure 1994 E

11 (1) Schedule 1 to the Church of England (Legal Aid) Measure 1994 (proceedings for which legal aid may be given) is amended as follows.

(2) In item 1, for “misconduct under the Clergy Discipline Measure 2003” substitute “a complaint of misconduct or serious misconduct under the Clergy Conduct Measure 2026”.

(3) In item 7—

(a) in the first column, for the words from “section 36(6)” to the end substitute “section 50(4) or (5) of the Clergy Conduct Measure 2026 against a restriction order or suspension made in reliance on section 34(1)(f) of that Measure or on a request for review under section 50(6) of that Measure of a decision to make a restriction order or suspension”, and

(b) in the second column, after “appellant” insert “or person requesting a review”.

(4) In item 8—

(a) in the first column, for “disciplinary proceedings under the Clergy Discipline Measure 2003” substitute “proceedings on a complaint of misconduct or serious misconduct under the Clergy Conduct Measure 2026”, and

(b) in the second column, for “disciplinary proceedings” substitute “proceedings under that Measure”.

Commencement Information

I11 Sch. 1 para. 11 not in force at Royal Assent, see s. 73(3)

Dioceses, Pastoral and Mission Measure 2007 E

12 The Dioceses, Pastoral and Mission Measure 2007 is amended as follows.

Commencement Information

I12 Sch. 1 para. 12 not in force at Royal Assent, see s. 73(3)

13 In section 13 (delegation by bishop), in subsection (1), after “as may be specified in the instrument” insert “other than a function which may be delegated under section 65 of the Clergy Conduct Measure 2026”.

Commencement Information

I13 Sch. 1 para. 13 not in force at Royal Assent, see s. 73(3)

14 In section 14A (delegation by archbishop), in subsection (1), after “the archbishop’s functions” insert “, other than a function which may be delegated under section 65 of the Clergy Conduct Measure 2026,”.

Commencement Information

I14 Sch. 1 para. 14 not in force at Royal Assent, see s. 73(3)

Ecclesiastical Offices (Terms of Service) Measure 2009 E

15 The Ecclesiastical Offices (Terms of Service) Measure 2009 is amended as follows.

Commencement Information

I15 Sch. 1 para. 15 not in force at Royal Assent, see s. 73(3)

16 In section 3 (duration of appointments)—

(a) in subsection (3)(d), for “under any provision of the Clergy Discipline Measure 2003 (2003 No. 3)” substitute “is removed from office under the Clergy Conduct Measure 2026”, and

(b) in subsection (4), for “the Clergy Discipline Measure 2003 (2003 No. 3)” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I16 Sch. 1 para. 16 not in force at Royal Assent, see s. 73(3)

17 In section 9 (supplementary provisions), in subsection (1), for the words from “section 8” to the end substitute “section 3 of the Clergy Conduct Measure 2026 otherwise than under either of those Measures”.

Commencement Information

I17 Sch. 1 para. 17 not in force at Royal Assent, see s. 73(3)

Ecclesiastical Offices (Terms of Service) Regulations 2009 E

18 The Ecclesiastical Offices (Terms of Service) Regulations 2009 are amended as follows.

Commencement Information

I18 Sch. 1 para. 18 not in force at Royal Assent, see s. 73(3)

19 In regulation 5 (note about disciplinary procedures etc.), in paragraph (1)(a), for the words “the Clergy Discipline Measure 2003 relating to misconduct” substitute “the Clergy Conduct Measure 2026 relating to conduct”.

Commencement Information

I19 Sch. 1 para. 19 not in force at Royal Assent, see s. 73(3)

20 In regulation 29 (fixed and other limited term appointments), in paragraph (7), after sub-paragraph (b) insert “, or

(c) the office holder has had imposed on him or her under the Clergy Conduct Measure 2026—

(i) a penalty of removal from an ecclesiastical office or revocation of a licence or permission to officiate issued by a bishop, or

(ii) a penalty of limited prohibition, or

(d) the office holder has resigned an ecclesiastical office or surrendered a licence or permission to officiate issued by a bishop,”

Commencement Information

I20 Sch. 1 para. 20 not in force at Royal Assent, see s. 73(3)

Ecclesiastical Jurisdiction and Care of Churches Measure 2018 E

21 The Ecclesiastical Jurisdiction and Care of Churches Measure 2018 is amended as follows.

Commencement Information

I21 Sch. 1 para. 21 not in force at Royal Assent, see s. 73(3)

22 In section 10 (Arches and Chancery Courts: appointment of judges), in subsection (6), for “section 20 of the Clergy Discipline Measure 2003” substitute “section 52 of the Clergy Conduct Measure 2026”.

Commencement Information

I22 Sch. 1 para. 22 not in force at Royal Assent, see s. 73(3)

23 In section 14 (Arches and Chancery Courts: jurisdiction), in each of subsections (2) and (3), for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I23 Sch. 1 para. 23 not in force at Royal Assent, see s. 73(3)

24 In section 14A (Arches and Chancery Courts: decisions treated as taken by each court), in subsection (3)(a), for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I24 Sch. 1 para. 24 not in force at Royal Assent, see s. 73(3)

25 In section 21A (training requirements for ecclesiastical judges), in subsection (2)(d), for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I25 Sch. 1 para. 25 not in force at Royal Assent, see s. 73(3)

26 In section 81 (Rule Committee: membership), in subsection (9)—

(a) omit paragraph (b) and the following “or”, and

(b) after paragraph (c) insert “, or

(d) proceedings or other process under the Clergy Conduct Measure 2026”.

Commencement Information

I26 Sch. 1 para. 26 not in force at Royal Assent, see s. 73(3)

27 (1) Section 83 (power to make rules) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (c), and

(b) after paragraph (e) insert “;

(f) the Clergy Conduct Measure 2026”.

(3) In subsection (2), omit paragraph (d).

Commencement Information

I27 Sch. 1 para. 27 not in force at Royal Assent, see s. 73(3)

28 In section 86 (fees orders), in subsection (8), in paragraph (d), for “the Clergy Discipline Measure 2003” substitute “the Clergy Conduct Measure 2026”.

Commencement Information

I28 Sch. 1 para. 28 not in force at Royal Assent, see s. 73(3)

Cathedrals Measure 2021 E

29 In section 38 of the Cathedrals Measure 2021 (appeal against suspension), in subsection (2), for “section 4 of the Clergy Discipline Measure 2003” substitute “section 4 of the Clergy Conduct Measure 2026”.

Commencement Information

I29 Sch. 1 para. 29 not in force at Royal Assent, see s. 73(3)

Section 72

Schedule 2 E Transitional and saving provisions

Proceedings under the CDM E

1 Proceedings under the CDM which, immediately before the commencement of the repeal of the CDM under section 71 of this Measure, have yet to be completed are to continue as if the CDM had not been repealed.

Commencement Information

I30 Sch. 2 para. 1 not in force at Royal Assent, see s. 73(3)

Penalties etc. under the CDM E

2 (1) A penalty imposed under the CDM, or a censure, deposition, declaration of deprivation and disqualification or notice of inhibition imposed under the EJM, and having effect immediately before the commencement of the repeal of the CDM under section 71 of this Measure is to be treated as if it were a penalty imposed under this Measure.

(2) Where the period of a conditional deferment or conditional discharge under section 14 or 25 of the CDM has, immediately before the commencement of the repeal of the CDM under section 71 of this Measure, yet to expire, the period is to continue despite the repeal.

(3) Misconduct which was committed before the period of a conditional deferment would have expired under the CDM, but for the repeal, may be dealt with together with the conduct to which the conditional deferment relates.

(4) Misconduct which was committed before the period of a conditional discharge would have expired under the CDM, but for the repeal, may be dealt with together with the misconduct to which the conditional discharge relates as if a finding of that misconduct had just been made under this Measure.

Commencement Information

I31 Sch. 2 para. 2 not in force at Royal Assent, see s. 73(3)

Provincial panels E

3 (1) Each person included on a provincial panel under section 21 of the CDM immediately before the commencement of section 10 of this Measure continues to be included on the panel after that commencement; and the composition of the panel is to be treated as complying with that section.

(2) In the case of a person included on a provincial panel under sub-paragraph (1) above, the six-year period under section 21 of the CDM that was running immediately before the commencement of section 11 of this Measure—

(a) continues after that commencement until the date when it would have expired under section 21 of the CDM if that section were still in force, and

(b) is to be treated as a period of six years for the purposes of section 11 of this Measure.

(3) If a casual vacancy occurs among those included on a provincial panel under sub-paragraph (1), the nomination of a person to fill the vacancy must—

(a) be made by the bishop or archbishop who made the nomination under section 21 of the CDM in respect of which the vacancy has occurred, and

(b) be made subject to the same conditions as that nomination was.

(4) A person nominated to fill a casual vacancy is included on the provincial panel concerned until the expiry of the six-year period that is continuing under sub-paragraph (2); and on the expiry of that period—

(a) section 11(2) of this Measure applies where the nomination under section 21 of the CDM (or the first nomination under that section for the category concerned) was made under subsection (2)(a) or (b) or (3) of that section;

(b) section 11(3) of this Measure applies where the nomination under section 21 of the CDM (or the first nomination under that section for the category concerned) was made under subsection (2)(c) of that section.

Commencement Information

I32 Sch. 2 para. 3 not in force at Royal Assent, see s. 73(3)

Safeguarding guidance E

4 In the case of guidance issued by the House of Bishops that is in operation by virtue of article 3 of the Safeguarding (Code of Practice) Measure 2021 (Commencement and Transitional Provision) Order 2022, section 3(1)(b) of this Measure has effect as if it also referred to a failure to have due regard to that guidance.

Commencement Information

I33 Sch. 2 para. 4 not in force at Royal Assent, see s. 73(3)

General E

5 The provisions of this Schedule do not affect the application of section 16 of the Interpretation Act 1978 (which provides for general savings on a repeal).

Commencement Information

I34 Sch. 2 para. 5 not in force at Royal Assent, see s. 73(3)