Information
58Archbishops’ list
(1)
The Archbishops of Canterbury and York acting jointly must maintain a list of each clerk in Holy Orders—
(a)
on whom a penalty has been imposed under this Measure or the CDM or EJM,
(b)
on whom an administrative sanction has been imposed under this Measure,
(c)
who has been deposed from Holy Orders under this Measure or the EJM,
(d)
who has executed a deed of relinquishment under the Clerical Disabilities Act 1870,
(e)
who, following the making of a complaint against the clerk under this Measure or the CDM or EJM, has resigned an ecclesiastical office or surrendered a licence or permission to officiate issued by a bishop, or
(f)
whose name is included in a barred list.
(2)
The rules must make provision as to informing a clerk in Holy Orders included on the list of the particulars recorded on the list in the case of that clerk.
(3)
A clerk in Holy Orders who is included on the list may, in accordance with the rules, appeal to the President of Tribunals against the particulars recorded on the list in respect of that clerk but not, subject to subsection (4), against the fact of inclusion itself.
(4)
A clerk in Holy Orders who is included on the list may, in accordance with the rules, appeal to the President of Tribunals against the fact of inclusion on the list but only on the grounds that the clerk’s name was included on the list in error.
(5)
On an appeal under subsection (3), the President may, in accordance with the rules, direct that the particulars recorded on the list in respect of the appellant are to be altered in the manner specified in the direction.
(6)
On an appeal under subsection (4), the President may, in accordance with the rules, direct that the clerk’s name is to be removed from the list.
(7)
The rules must make provision for a case where a conviction on which a clerk’s inclusion on the list is based becomes protected by virtue of the Rehabilitation of Offenders Act 1974.
(8)
The list that was being maintained under section 38 of the CDM immediately before the commencement of this section (“the CDM list”) may be used for the purpose of carrying out the duty under subsection (1).
(9)
Accordingly, a reference to a person included, or particulars recorded, on the list under this section includes a reference to a person included, or particulars recorded, on the CDM list.