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This version of this provision is prospective.![]()
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Prospective
(1)The following conduct is “misconduct” for the purposes of this Measure—
(a)a breach of ecclesiastical law;
(b)a failure to comply with a requirement imposed by the code under section 5A of the Safeguarding and Clergy Discipline Measure 2016;
(c)neglect or inefficiency in the performance of a duty of an ecclesiastical office held by a clerk in Holy Orders;
(d)conduct which fails to meet the standards required of a clerk in Holy Orders.
(2)The standards referred to in subsection (1)(d) include, in particular, the standards required of clergy that are set out in the Ordinal or the Canons; and, in assessing whether conduct fails to meet those standards, regard may be had to guidance published by the Convocations of Canterbury and York on what is desirable in the professional conduct of clergy.
(3)The House of Bishops may make a written declaration that the constitution, policies, objectives, activities or public statements of a political party or organisation specified in the declaration are incompatible with the Church of England’s teaching on the equality of persons or groups of different races.
(4)Membership of, or promoting or expressing or soliciting support for, a political party or organisation specified in a declaration under subsection (3) is misconduct under subsection (1)(d).
(5)But subsection (1)(d) does not otherwise apply to holding lawful political opinions or undertaking lawful political activities.
(6)The reference in subsection (3) to “races” is to be read with section 9 of the Equality Act 2010.
(7)A declaration which, immediately before the commencement of this section, was in operation under section 8(4) of the Clergy Discipline Measure 2003 (referred to in this Measure as “the CDM”) continues in operation; and subsection (4) of this section accordingly applies to that declaration as if it were a declaration under subsection (3) of this section.
Commencement Information
I1S. 3 not in force at Royal Assent, see s. 73(3)
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