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The Clergy Discipline Rules 2005

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Inclusion of name in list under section 38(1)(e) of the Measure

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76.—(1) Where the archbishops propose to include in the list a person falling within paragraph (e) of section 38(1) of the Measure, the archbishop of the relevant province shall take all reasonable steps to inform that person in writing of the proposal and the particulars to be recorded, and shall invite that person to send comments or representations in writing within 21 days from the date of the written invitation.

(2) On expiry of the period of 21 days the archbishop of the relevant province, after considering any comments or representations received, shall—

(a)with the agreement of the other archbishop give a decision whether or not to include that person in the list, and

(b)inform the person in writing of the decision.

(3) If the decision under sub-rule (2) is that the person is to be included in the list then the archbishop of the relevant province shall notify the person in writing of—

(a)the particulars to be recorded, and

(b)the person’s right to request the President in writing to review the decision.

(4) Within 21 days of being so informed under sub-rule (3), the person may request the President in writing to review the decision and shall give reasons for seeking a review, and the President upon receiving the request shall send a copy to the archbishop of the relevant province.

(5) The archbishop of the relevant province may, within 21 days of receiving a copy of the request for a review of the decision, make written representations to the President and shall send a copy of those representations to the person requesting the review.

(6) Within 42 days of receiving the request for a review of the decision, and after considering the request and any representations from the archbishop of the relevant province, the President shall in writing uphold or reverse the archbishops' decision to include the person in the list, and if the decision is upheld the President may also direct that the particulars relating to that person should be altered in such manner as are specified in the direction.

(7) The President’s written decision on a review under sub-rule (4) shall be sent by the President to the person requesting the review and to the archbishop of the relevant province.

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