Prospective

Penalties etc. E

39 Exercise of power under section 38 E

(1) The responsible bishop or the President of Tribunals, when exercising a power under section 38, may impose—

(a) one or more of the penalties under section 37(1)(a) to (c) (but none of the other penalties), or

(b) either or each of the administrative sanctions under section 37(2).

(2) A bishop’s disciplinary tribunal or the Vicar-General’s court, when exercising a power under section 38, may impose—

(a) one or more of the penalties under section 37(1), or

(b) either or each of the administrative sanctions under section 37(2).

(3) In a case where either or each of the administrative sanctions under section 37(2) is imposed, a penalty may not also be imposed.

(4) Where the tribunal or court is considering the length of the period to specify in a limited prohibition under section 37(1)(g), it may take into account the amount of time for which the respondent has been suspended under section 34 pending determination of the complaint, except in so far as doing so would extinguish the period to be specified in the limited prohibition.

(5) Before imposing a penalty, the tribunal or court may invite the responsible bishop to give a written opinion on what an appropriate penalty would be; but the invitation may not be made if the responsible bishop gave evidence in the proceedings on the complaint.

(6) The tribunal or court, having received a written opinion under subsection (5)—

(a) must have due regard to the opinion, and

(b) must give a copy of it to the respondent.

(7) When imposing a penalty, the responsible bishop, the President of Tribunals or the tribunal or court must have due regard to the Code of Practice and to any advice given under section 9(1)(a) (advice on penalties).

Commencement Information

I1 S. 39 not in force at Royal Assent, see s. 73(3)