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This version of this provision is prospective.![]()
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Prospective
(1)A person may make a complaint against a priest, deacon, bishop or archbishop only if that person has a proper interest in the complaint.
(2)Each of the following has a proper interest in a complaint against a priest or deacon—
(a)if the priest or deacon holds office in a parish—
(i)a churchwarden of the parish, or
(ii)a person nominated by the PCC at a duly convened meeting where at least two-thirds of the lay members are present and at least two-thirds of the lay members present vote for the complaint to be made;
(b)if the priest or deacon holds a form of authority to exercise ministry in a single archdeaconry, the archdeacon of that archdeaconry (see also subsection (6));
(c)if the priest or deacon holds a form of authority to exercise ministry in more than one archdeaconry, any archdeacon in the diocese (see also subsection (6));
(d)if the priest or deacon does not hold a form of authority that operates by reference to an archdeaconry, the archdeacon of the archdeaconry in which the priest or deacon is resident (see also subsection (6));
(e)the diocesan safeguarding officer of the diocese in which the priest or deacon either holds a form of authority to exercise ministry or, if not holding authority to do so, is resident;
(f)the national director of safeguarding or a member of the national safeguarding team nominated by the national director;
(g)a person who experienced or witnessed the conduct alleged in the complaint.
(3)Each of the following has a proper interest in a complaint against a clerk in Holy Orders who serves in a cathedral—
(a)a person nominated by the Chapter of the cathedral;
(b)the cathedral safeguarding officer;
(c)the diocesan safeguarding officer of the diocese for which that cathedral is the cathedral church;
(d)the national director of safeguarding or a member of the national safeguarding team nominated by the national director;
(e)a person who experienced or witnessed the conduct alleged in the complaint.
(4)Each of the following has a proper interest in a complaint against a bishop—
(a)in the case of a diocesan or suffragan or other bishop with authority to exercise ministry in a diocese, a person nominated by the bishop’s council at a duly convened meeting where—
(i)at least two-thirds of the members are present, and
(ii)at least two-thirds of the members present vote for the complaint to be made;
(b)the diocesan safeguarding officer of the diocese in which the bishop either holds a form of authority to exercise ministry or, if not holding authority to do so, is resident;
(c)the national director of safeguarding or a member of the national safeguarding team nominated by the national director;
(d)a person who experienced or witnessed the conduct alleged in the complaint;
(e)a person nominated by the archbishop of the province which includes the diocese referred to in paragraph (b).
(5)Each of the following has a proper interest in a complaint against an archbishop—
(a)a person nominated by the bishop’s council of the diocese of that archbishop at a duly convened meeting where—
(i)at least two-thirds of the members are present, and
(ii)at least two-thirds of the members present vote for the complaint to be made;
(b)the diocesan safeguarding officer for the archbishop’s diocese;
(c)the national director of safeguarding or a member of the national safeguarding team nominated by the national director;
(d)a person who experienced or witnessed the conduct alleged in the complaint;
(e)a person nominated by the other archbishop.
(6)Where an archdeacon has a proper interest under subsection (2)(b) to (d) in a complaint but is unable or unwilling to make the complaint, the archdeacon may nominate another archdeacon (whether from that diocese or another one); and an archdeacon so nominated has a proper interest in the complaint, by virtue of that nomination.
(7)An archdeacon, having made a nomination under subsection (6), must record the nomination in writing and send a copy of the written record to—
(a)the diocesan registry, and
(b)if the nomination is of an archdeacon from another diocese, the registry of that other diocese.
(8)The “cathedral safeguarding officer”, in relation to a cathedral, is the person appointed by the Chapter of the cathedral to advise the Chapter on, or to have responsibility for managing, matters relating to the safeguarding of children and vulnerable adults.
(9)A reference to the national director of safeguarding is a reference to the official of the National Church Institutions who has responsibility for—
(a)leadership of the national safeguarding team, and
(b)strategic leadership on matters relating to the safeguarding of children and vulnerable adults.
(10)A reference to the national safeguarding team is a reference to the staff of the National Church Institutions who assist the national director of safeguarding.
Commencement Information
I1S. 15 not in force at Royal Assent, see s. 73(3)
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