Made | 9th July 2005 | ||
Laid before Parliament | 26th July 2005 | ||
Coming into force in accordance with rule 107(2) |
1. | Overriding Objective |
2. | Duty to co-operate |
3. | Application of rules |
4. | Institution of proceedings against priests or deacons |
5. | Joint complainants |
6. | Form of statements in support |
7. | Submission of statements in support |
8. | Complaint out of time |
9. | Receipt of complaint |
10. | Notifying the respondent about the complaint |
11. | Consulting the complainant for clarification |
12. | Registrar's written report |
13. | Registrar extends time for sending the written report |
14. | Multiple complaints and the written report |
15. | Dismissal of the complaint by the bishop under section 11(3) of the Measure |
16. | President's review of a dismissal |
17. | Respondent's answer |
18. | Extension of period for bishop to consider complaint under section 12 of the Measure |
19. | Other proceedings |
20. | No further action |
21. | No further action: referral by complainant to the President |
22. | No further action: President's decision |
23. | Consent to conditional deferment |
24. | Written determination imposing conditional deferment |
25. | Record of conditional deferment |
26. | Conciliation |
27. | Penalty by consent |
28. | Reference to the Designated Officer for formal investigation |
29. | The President's decision |
30. | General |
31. | Form of application |
32. | Setting aside or varying directions given without a hearing |
33. | Matters which may be covered in directions |
34. | Production appointment |
35. | Witness statements for use at a hearing before a tribunal |
36. | Expert evidence |
37. | Appointment of members of the tribunal |
38. | Fixing the date and place of the hearing of the complaint |
39. | The tribunal and the overriding objective |
40. | Tribunal hearing normally to be in private |
41. | Power to adjourn |
42. | Absence from a hearing |
43. | Admissions by the respondent |
44. | Entitlement to call evidence |
45. | Oral evidence |
46. | Tribunal may require personal attendance of witness |
47. | Attendance at a hearing in private |
48. | Power to exclude from hearing |
49. | Tribunal may order identity not to be published |
50. | Pronouncement of the tribunal's determination of the complaint |
51. | Tribunal may invite the bishop to give views about the penalty |
52. | Pronouncement of penalty |
53. | Record of conditional discharges |
54. | Death of the respondent |
55. | Death, serious illness or incapacity of complainant nominated by the Parochial Church Council |
56. | Death, serious illness or incapacity of complainant not nominated by the Parochial Church Council |
57. | President may direct withdrawal if no person is nominated or substituted |
58. | President's powers under section 18 of the Measure |
59. | Complainant wishes to withdraw |
60. | Suspension of a priest or deacon during proceedings |
61. | Suspension of a priest following arrest |
62. | Contents of notice of suspension |
63. | Notification to others of suspension |
64. | Revocation of suspension |
65. | Notification of cessation of suspension |
66. | Appeals by priest or deacon against notice of suspension |
67. | Certificate of conviction |
68. | Bishop proposes a penalty after sentence of imprisonment or matrimonial order |
69. | Bishop makes decision on imposition of penalty |
70. | Application to review decision to impose penalty |
71. | Bishop may respond to application for review |
72. | Archbishop reviews imposition of penalty |
73. | Imposition of penalty by bishop under section 30 of the Measure |
74. | Access to the list |
75. | Inclusion of name in list under section 38(1)(a) to (d) of the Measure |
76. | Inclusion of name in list under section 38(1)(e) of the Measure |
77. | Review of an entry in the list – (a),(b) & (c) |
78. | Review of an entry in the list – (d) & (e) |
79. | Bishop may request review of inclusion in the list |
80. | Person named in the list may request review of inclusion after 5 years |
81. | Application of rules to bishops and archbishops |
82. | Institution of proceedings against bishops or archbishops |
83. | Conditional deferment of a complaint against a bishop or archbishop |
84. | Death or serious illness or incapacity of the complainant |
85. | Notice of suspension of a bishop or archbishop during proceedings |
86. | Notice of suspension of a bishop or archbishop following arrest |
87. | Notification to others of suspension of bishop |
88. | Notification to others of suspension of archbishop |
89. | Sentences of imprisonment & matrimonial orders: bishops & archbishops |
90. | Application by bishop or archbishop for review of penalty |
91. | Special cases under section 42 of the Measure |
92. | Clerk in holy orders serving in a cathedral church |
93. | Chaplains of prisons, hospitals, universities, schools and other institutions |
94. | Chaplain of the armed forces of the Crown |
95. | Ministers with a licence from the Archbishop of the province |
96. | Ministers with a licence from the of or |
97. | Removal of prohibition for life and deposition: priests and deacons |
98. | Removal of limited prohibition: priests and deacons |
99. | Removal of prohibition for life and deposition: bishops and archbishops |
100. | Removal of limited prohibition: bishops and archbishops |
101. | Sending or delivering documents |
102. | Time |
103. | Irregularities |
104. | Revision of forms |
105. | Contempt |
106. | Interpretation |
107. | Citation and commencement |
SCHEDULE | FORMS |
Duty to co-operate
2.
—(1) All parties shall co-operate with any person, tribunal or court exercising any function under the Measure in order to further the overriding objective.
(2) Any failure to co-operate by a party may result in adverse inferences being made against that party at any stage of the proceedings.
Application of rules
3.
These rules apply to proceedings under the Clergy Discipline Measure 2003 alleging misconduct against a clerk in Holy Orders, other than in relation to matters involving doctrine, ritual or ceremonial.
(b) where the complainant has been nominated by a Parochial Church Council, have attached to it a certified copy of the resolution passed by the Parochial Church Council in accordance with section 10(1)(a)(i) of the Measure,
(c) contain a declaration that the complainant believes the facts of the complaint to be true, and
(d) be signed and dated by the complainant, and be sent or delivered to the bishop.
Joint complainants
5.
Where a complaint is signed by two or more persons jointly, they shall nominate one of them to be the correspondent for the purposes of these rules.
Form of statements in support
6.
—(1) The maker of any statement submitted as evidence in support of a complaint shall indicate which matters in it are within the maker's own knowledge and which are matters of information and belief, and shall identify the source of any matters of information and belief.
(2) Any such statement in support shall be made in form 3 in the Schedule or in a document which is substantially to the like effect, and shall contain a declaration that the maker of the statement believes the facts in it are true.
Submission of statements in support
7.
—(1) All written evidence relied upon in support of the complaint shall be sent to the bishop at the same time as the complaint, save as provided for in sub-rules (2) and (3).
(2) Any request to the bishop for permission to send written evidence in support of the complaint after the date of the complaint shall be in writing and shall state the reasons relied upon.
(3) A reasonable period of time for written evidence in support of the complaint to be sent may be allowed by the bishop but this should not exceed 28 days from the date of the complaint.
(4) The complainant shall be notified promptly in writing of any permission or refusal by the bishop to allow written evidence to be sent after the date of the complaint.
Complaint out of time
8.
—(1) Any application to the President to permit a complaint instituting disciplinary proceedings outside the period prescribed in section 9 of the Measure shall be made in writing in form 1c in the Schedule or in a document which is substantially to the like effect containing the information required for completion of form 1c, and shall set out the reasons why proceedings were not instituted within time.
(2) Within 7 days of receipt of the application the President shall start consultation by providing the respondent with a copy of the complainant's application, and shall invite the respondent to make written comments within 21 days about the reasons given by the complainant for not instituting proceedings in time.
(3) A copy of any comments received from the respondent shall be supplied by the President to the complainant within 7 days of receipt.
(4) The President shall inform the complainant that within 21 days of receiving a copy of any comments from the respondent the complainant may send written comments in reply to the President.
(5) Having considered any comments of the complainant and the respondent, and if satisfied that there was good reason why the complainant did not institute proceedings at an earlier date, the President may give permission in writing to the complainant for a complaint to be made under section 10(1)(a) of the Measure, and if so, shall specify the time within which the complaint in writing shall be made in accordance with rule 4. The President shall send a copy of the written permission to the respondent and the relevant bishop.
(6) If, having considered any comments of the complainant and the respondent, the President does not give permission for a complaint to be made outside the period prescribed in section 9 of the Measure, the President shall in writing so notify the complainant, the respondent and the relevant bishop.
Where a complaint alleges misconduct which might constitute a criminal offence, the acknowledgment shall state that resolution of the complaint under the Measure may be postponed to await the outcome of police or other investigations.
(2) The bishop, or a person authorised by the bishop, shall refer the complaint and written evidence in support of the complaint to the registrar within 7 days of receipt.
Notifying the respondent about the complaint
10.
—(1) Subject to sub-rule (2), within 7 days of receiving the complaint from the bishop, the registrar shall notify the respondent in writing—
(c) that no formal response or detailed evidence is required from the respondent at this preliminary stage as the registrar's function is limited to the matters in paragraph (b) above,
(d) that the respondent will be requested by the bishop to respond to the complaint in detail with evidence in support if it proceeds beyond preliminary scrutiny,
(e) of the date when the registrar expects to submit the written report to the bishop.
(2) For the protection of the interests of a child, the registrar may in exceptional circumstances delay notifying the respondent that a complaint has been made until no later than 42 days after receipt of the complaint.
(3) When notifying the respondent under sub-rule (1), the registrar shall send the respondent a copy or, where sub-rule (4) applies, an edited transcript of the complaint and the written evidence in support.
(4) The registrar may delete from the respondent's copy of the complaint form and written evidence in support any details which would or may reveal the identity of the complainant, a child or a witness, provided that—
Thereafter, details which would or may reveal the identity of the complainant, a child or a witness as the case may be, shall be withheld from the respondent and shall be erased from any papers sent to the respondent unless and until the bishop has decided not to dismiss the complaint under section 11(3) of the Measure or the President has reversed such a dismissal under section 11(4).
Consulting the complainant for clarification
11.
During the course of the preliminary scrutiny of the complaint the registrar shall consult the complainant only for the purpose of clarification of any matter directly related to the complaint. Such consultation should be conducted in writing, but if oral, it shall be recorded by the registrar in written memoranda, and a copy of any correspondence and memoranda shall be sent by the registrar to the respondent and the complainant.
Registrar's written report
12.
—(1) Subject to rule 19(1), having scrutinised the complaint, within 28 days of receiving it or within any extended period under rule 13, the registrar shall send a written report to the bishop setting out the registrar's views as to—
(2) When the report is sent to the bishop, the registrar shall attach to it the complaint and the evidence in support.
Registrar extends time for sending the written report
13.
—(1) Where the registrar proposes under section 11(2) of the Measure to extend the period of 28 days for the submission of the written report to the bishop, the registrar shall, not later than 21 days after receipt of the complaint, notify the complainant and the respondent of the reasons why an extension is required and the period of extension proposed, and shall invite their views about whether there should be an extension.
(2) Any comments by the complainant and the respondent shall be made within 7 days of notification by the registrar.
(3) If, having consulted the complainant and the respondent, the registrar decides to extend the period of 28 days, they and the bishop must be notified of the new date by which the written report is to be submitted to the bishop.
Multiple complaints and the written report
14.
—(1) Where the complainant makes more than one complaint against the same respondent, the registrar may prepare one written report dealing with all the complaints referred to the registrar by the bishop.
(2) Where the complainant makes a complaint against two or more respondents, the registrar shall prepare separate written reports in respect of each respondent.
(3) Where two or more complainants make separate complaints against the same respondent in respect of the same alleged misconduct, the registrar may prepare one written report dealing with all the complaints.
Dismissal of the complaint by the bishop under section 11(3) of the Measure
15.
—(1) If the bishop, after considering the registrar's report, dismisses a complaint under section 11(3) of the Measure, the bishop shall within 28 days of receiving the registrar's written report send to the complainant and the respondent written notice of dismissal together with reasons for the dismissal and a copy of the registrar's report.
(2) The written notice shall explain the complainant's right to request the President to review the dismissal.
President's review of a dismissal
16.
—(1) A request by the complainant to the President for a review of the dismissal shall be made within 14 days of receipt of the notice of dismissal, and shall—
(2) No new or further evidence may be submitted by the complainant with the request for a review.
(3) The President shall notify the bishop and the respondent that the review has been requested.
(4) Within 28 days of receiving the complainant's request the President shall notify the complainant, the respondent and the bishop in writing as to whether the President is upholding the dismissal or reversing it, and directing the bishop to deal with the complaint in accordance with section 12 of the Measure.
(2) The respondent's answer shall be in form 2 in the Schedule, or in a document which is substantially to the like effect containing the information required for completion of form 2, and shall—
(3) The maker of any statement submitted as evidence in support of an answer shall indicate which matters in it are within the maker's own knowledge and which are matters of information and belief, and shall identify the source of any matters of information and belief.
(4) Any such statement in support shall be made in form 3 in the Schedule or in a document which is substantially to the like effect, and shall contain a declaration that the maker of the statement believes the facts in it are true.
(5) The respondent may be granted a further 7 days by the bishop within which to submit any evidence in support.
(6) The bishop on receipt shall by way of notification send to the complainant a copy of the respondent's answer and evidence in support.
(7) Whether or not an answer is received in accordance with this rule the bishop may proceed to make a determination under section 12(1) of the Measure.
Extension of period for bishop to consider complaint under section 12 of the Measure
18.
—(1) Where the bishop proposes to extend by such longer period as the bishop considers to be justified in the particular circumstances of the case the period of 28 days for determining which course under section 12 of the Measure to pursue, the bishop shall consult the complainant and the respondent, stating the reasons for the proposed extension and the period of time proposed.
(2) The bishop may from time to time extend the period for determining which course to pursue for such period as appears necessary in the interests of justice, provided the complainant and the respondent are consulted as required by sub-rule (1) each time the bishop proposes to extend the period.
(3) Where the bishop decides to extend the period for determining which course to pursue the bishop shall notify the complainant and the respondent promptly in writing of the extension.
Other proceedings
19.
—(1) Where a respondent against whom a complaint is made in accordance with rule 4—
the registrar may, in accordance with rule 13, extend the period for submission of the written report until 28 days after being notified of the final outcome of those other proceedings or that such other proceedings will not be pursued.
(2) Where the registrar does not extend the period of 28 days under rule 13, the bishop may, in accordance with rule 18, extend the period for determining which course to pursue until 28 days after being notified of the final outcome of those other proceedings or that such other proceedings will not be pursued.
No further action
20.
Where the bishop under section 13(1) of the Measure determines there is to be no further action, the determination shall be in writing, and the bishop shall—
No further action: referral by complainant to the President
21.
—(1) The complainant may refer the complaint to the President within 14 days of receiving the bishop's determination that there is to be no further action.
(2) Any such referral by the complainant to the President shall—
(3) Within 7 days the President shall notify the bishop and the respondent that the written referral has been received and send each of them a copy.
(4) No new or further evidence may be submitted to the President for the purposes of consideration of the bishop's determination.
No further action: President's decision
22.
Within 28 days of receipt of the complainant's referral, the President's decision shall be given in writing with reasons and sent to the complainant, the respondent and the bishop, and if the President decides that the bishop's determination was plainly wrong the President may direct the bishop to pursue such of the courses specified in section 12(1)(b) to (e) as the President considers appropriate.
Consent to conditional deferment
23.
Consent by the respondent, given under section 14(1) of the Measure, to a conditional deferment of the complaint shall—
Written determination imposing conditional deferment
24.
The written determination to impose a conditional deferment shall contain the bishop's reasons and set out—
Record of conditional deferment
25.
—(1) Within 21 days of obtaining the respondent's written consent to a conditional deferment the bishop must send—
(2) The registrar's record of the conditional deferment shall not be open to public inspection but shall be made available to diocesan bishops and registrars.
Conciliation
26.
—(1) Where the bishop directs under section 15 of the Measure that an attempt at conciliation should be made, the bishop shall notify the complainant and the respondent accordingly and invite them to agree to the appointment of the conciliator within 21 days.
(2) Subject to the agreement of the complainant and the respondent under sub-rule (1), the bishop shall propose in writing the name or names of potential conciliators with details of their suitability, experience and qualifications for appointment, and shall invite the complainant and the respondent to indicate within 14 days which names, if any, they would each agree to be appointed. Provided the complainant and the respondent agree on a person to be appointed and the bishop has no reason to question that person's impartiality, the bishop shall appoint that person as conciliator.
(3) At the time of appointment of the conciliator the bishop shall supply the conciliator with a copy of the complaint and the respondent's answer, together with the evidence in support of each.
(4) The conciliator may use such conciliation procedures as he or she thinks fit.
(5) The conciliator shall use his or her best endeavours to bring about a conciliation within 3 months, or within any further period he or she allows with the agreement of the complainant and the respondent.
Where the period for bringing about a conciliation is extended, the conciliator shall notify the bishop.
(6) Where a conciliation has been brought about—
(b) Within 21 days of receipt the bishop shall notify the complainant and the respondent in writing that the bishop—
(7) If a conciliation is not brought about but the complainant and the respondent agree that another conciliator should be appointed, the bishop may appoint that other conciliator.
(8) If a conciliation is not brought about, and the complainant and the respondent do not agree to a further period of time under sub-rule (5) or to the appointment of another conciliator under sub-rule (7), the matter shall be referred back to the bishop.
(9) If the complainant and the respondent do not agree to the appointment of a conciliator or to any of the proposed names to be appointed, or if the matter is referred back to the bishop by the conciliator under sub-rule (8), the bishop shall deal with the complaint under section 12(1)(a), (b), (d) or (e) of the Measure.
Penalty by consent
27.
—(1) A penalty by consent under section 16 of the Measure may only be imposed in respect of such misconduct alleged in the complaint as the respondent admits.
(2) In addition to resignation by consent under section 16 of the Measure, any of the penalties that may be imposed under section 24 of the Measure upon a finding of misconduct may be imposed by consent under section 16 of the Measure.
(3) Where the bishop considers that the imposition of a penalty might be appropriate, the bishop shall invite the complainant and the respondent to make written representations if they so wish upon the proposed penalty within 14 days.
(4) The respondent's consent to the proposed penalty must be given in writing in form 7 in the Schedule or in a document which is substantially to the like effect.Subject to sub-rule (5) below, the bishop shall send the respondent written confirmation of the agreed penalty within 7 days of receiving the respondent's consent.
(5) Where the bishop and the respondent agree that prohibition for life or resignation is appropriate and agree upon a date for it to take effect—
(6) The bishop shall notify the complainant in writing of any penalty by consent within 14 days of sending the written confirmation to the respondent.
(7) The bishop shall notify the archbishop and the registrar of the diocese in writing of the penalty imposed by consent within 14 days of sending the written confirmation to the respondent.
(8) If the respondent does not consent to the imposition of a penalty or does not agree with the bishop as to the nature of the penalty, the bishop shall direct that the complaint is to be formally investigated in accordance with rule 28.
Reference to the Designated Officer for formal investigation
28.
—(1) Where the bishop directs under section 12(1)(e) of the Measure that the complaint is to be formally investigated, the bishop shall refer it to the Designated Officer, and shall supply the Designated Officer with a copy of the complaint and the respondent's answer together with all written evidence in support of each of them, and the registrar's written report.
(2) Within 14 days of referring the complaint to the Designated Officer the bishop shall give written notice of the referral to the complainant and the respondent.
(3) The complainant and the respondent shall co-operate with the Designated Officer during the investigation, in particular by responding in writing within 14 days (or such extended period as the Designated Officer may allow) to any questions asked by the Designated Officer for the purpose of clarification of the complaint or the respondent's answer or of the evidence in support of each.
(4) If any new material information is disclosed to the Designated Officer by or on behalf of the complainant or the respondent in the course of the investigation, the Designated Officer shall pass it on to the party who did not disclose it and invite that party to comment within a stated period of time.
(5) The Designated Officer shall investigate the complaint and shall send or deliver a written report to the President within 3 months of the date of the receipt of the documents specified in sub-rule (1).
The time within which the Designated Officer is required to report to the President may be extended for such period as the President deems to be justified in the particular circumstances of the case. Any application for an extension of time shall be made by the Designated Officer in writing to the President.
(2) The Registrar of Tribunals may at any stage refer any matter of difficulty or dispute to the Chair.
(3) Directions may be given or varied at any stage—
(4) At any hearing or telephone hearing the respondent may be legally represented, and the complainant's case shall be conducted by the Designated Officer or someone duly authorised by the Designated Officer.
(5) Directions may be given or varied—
(6) Where a hearing for directions is likely to last no longer than 30 minutes the Registrar of Tribunals or the Chair, as the case may be, may direct that—
(7) Any direction given by the Registrar of Tribunals or the Chair under this rule shall be given or confirmed in writing, and a copy sent or delivered to the Designated Officer and the respondent.
Form of application
31.
—(1) Applications by the respondent for directions on any matter shall be made in writing—
(2) The respondent shall respond in writing using form 9 in the Schedule to any application made by the Designated Officer, and shall send such response to the Registrar of Tribunals and a copy of it to the Designated Officer.
(3) The Designated Officer shall adapt forms 8 and 9 as appropriate, and shall send or deliver a copy to the respondent at the same as the application or response, as the case may be, is sent or delivered to the Registrar of Tribunals.
Setting aside or varying directions given without a hearing
32.
Where an order has been made without a hearing giving or varying directions under rule 30(5) on the initiative of the Registrar of Tribunals or the Chair, a party may apply within 14 days to the Registrar of Tribunals or the Chair, as the case may be, to have it set aside or varied, and the order shall notify the parties that they may make such an application.
Matters which may be covered in directions
33.
—(1) Directions may be given in respect of all procedural matters and in particular—
(j) to order two or more complaints against the same respondent to be heard on the same occasion,
(k) to order complaints against more than one respondent to be heard on the same occasion,
(l) to order any part of any proceedings to be dealt with separately.
(2) A direction may be given that if a document has not been disclosed to the other party, that document may not be relied upon at the hearing of the complaint unless the Chair gives permission.
Production appointment
34.
—(1) The Registrar of Tribunals or the Chair may give notice to a person to attend a production appointment to provide reasons as to why that person should not be ordered to produce any documents specified or described.
(2) Any notice under sub-rule (1) shall be in form 10 in the Schedule or in a form which is substantially to the like effect, and—
(b) shall state that the person to whom the notice is directed need not attend the appointment if that person does not object to producing the documents specified or described or if that person sends any objections in writing to the Registrar of Tribunals or Chair no later than a stated time before the appointment.
(3) A person attending a production appointment pursuant to a notice under sub-rule (1) shall be permitted to be represented at the appointment, and to make representations objecting to the production of any documents in question.
(4) A person who received notice under sub-rule (1) may be ordered at the production appointment to produce for inspection by a party within a stated time any documents specified or described.
(5) Any order under sub-rule (4) shall be in form 11 in the Schedule or in a form which is substantially to the like effect, and—
(3) A witness statement intended for use before a tribunal must contain at the end a declaration of truth in the following form—
and shall be dated and signed by the witness.
(4) A party wishing to rely on a witness statement at the hearing of the complaint shall call the witness to give oral evidence unless—
(5) Where a witness is called to give oral evidence the witness statement of the witness shall stand as the witness's evidence in chief unless the Chair directs otherwise.
(6) A witness giving oral evidence at a hearing may with the permission of the Chair—
(7) Any witness who gives oral evidence may be cross-examined.
(8) If a party exchanges a witness statement with another party but does not—
the other party may put the witness statement in evidence without calling the witness to give oral evidence.
Expert evidence
36.
—(1) No party may rely upon expert evidence without the permission of the Registrar of Tribunals or the Chair.
(2) If permission is given for expert evidence to be relied upon,
(3) An expert witness must be independent from the complainant and respondent, and at all times is under an overriding duty to help the tribunal on the matters within that person's expertise.
(4) Expert evidence is to be set out in a written report, and the report shall contain—
(d) a statement that the expert understands his or her duty to the tribunal, and has complied with that duty.
(5) Expert evidence cannot be relied upon without permission from the Chair, unless a copy of the report has been sent or delivered to the other party in accordance with directions given under rule 33.
(6) Where both parties wish to submit expert evidence on a particular issue, the Registrar of Tribunals or the Chair shall, save in exceptional circumstances, direct that the evidence on that issue is to be given by a single joint expert only.
(7) If the parties cannot agree who should be the single joint expert, the Registrar of Tribunals or the Chair may—
(8) Where a single joint expert is to be used, the parties should try to agree joint instructions, failing which each party may give instructions to the expert provided that at the same time a copy of those instructions is sent to the other party.
(9) A party may put written questions to any expert for the purpose of clarifying the expert's report.
An expert's answers to written questions are to be treated as part of the expert's report.
Where an expert does not answer a written question the Registrar of Tribunals or the Chair may direct that part or all of the expert's evidence may not be relied upon.
(10) An expert may not give oral evidence at a hearing unless permission has previously been given by the Registrar of Tribunals or the Chair.
Tribunal hearing normally to be in private
40.
The hearing shall be in private except where—
in which case the tribunal shall direct that the hearing shall be in public, but during any part of the proceedings the tribunal may exclude such person or persons as it may determine.
Power to adjourn
41.
The hearing may be adjourned from time to time if necessary.
Absence from a hearing
42.
The Registrar of Tribunals or the Chair may proceed with a hearing notwithstanding the absence of the complainant or the respondent, provided the Registrar of Tribunals or the Chair is satisfied that the absent person has had notice of the hearing.
Admissions by the respondent
43.
If, after referral of the complaint under rule 29, the respondent makes an admission before or at the hearing, the tribunal may make a finding of misconduct on the basis of that admission without considering any or any further evidence, and the tribunal may then proceed under section 19 of the Measure.
Entitlement to call evidence
44.
At the hearing, subject to rules 35, 36 and 39, the complainant and the respondent are entitled to give evidence, and the Designated Officer and the respondent are entitled to call witnesses, to question any witnesses who give oral evidence, and to address the tribunal on evidence, the law and on the issues generally.
Oral evidence
45.
Oral evidence shall be given on oath or solemn affirmation, and shall be recorded.
Tribunal may require personal attendance of witness
46.
The tribunal may at any stage of the proceedings require the personal attendance at the hearing of the author of a witness statement or an expert who has produced a report.
Attendance at a hearing in private
47.
Where the hearing is held in private, in addition to members and staff of the tribunal, the following may attend—
Power to exclude from hearing
48.
The tribunal may exclude from the hearing any person who threatens to disrupt or has disrupted the hearing or has otherwise interfered with the administration of justice.
Tribunal may order identity not to be published
49.
The tribunal may order that the name and any other identifying details of any person involved or referred to in the proceedings must not be published or otherwise made public, if satisfied that such an order—
Pronouncement of the tribunal's determination of the complaint
50.
—(1) The determination of the complaint shall be according to the opinion of the majority of the members of the tribunal.
(2) The Chair shall pronounce the tribunal's determination of the complaint in public—
(3) The tribunal's determination shall be recorded in writing with reasons, and shall set out the opinion of the majority of its members together with the minority opinions if any, and shall be signed by each member.
(4) The tribunal may omit from the written determination the name and any other identifying details of any person, if satisfied that such an order—
(5) A copy of the tribunal's written determination shall be sent to the complainant, the respondent, the Designated Officer, the bishop, the registrar, and the provincial registrar.
Tribunal may invite the bishop to give views about the penalty
51.
Before imposing a penalty the tribunal may invite the bishop of the diocese concerned to express in writing the bishop's views as to the appropriate penalty, save where the bishop has given evidence to the tribunal. If the tribunal decides to do so—
Pronouncement of penalty
52.
—(1) The Chair shall pronounce in public the penalty or penalties imposed by the tribunal and may sit alone for that purpose.
(2) The pronouncement of the penalty or penalties may be on the same occasion as the pronouncement of the determination under rule 50, or at a later date.
(3) The decision to impose a penalty or penalties shall be recorded in writing, and a copy of the written decision shall be sent to the respondent, the Designated Officer, the bishop, the registrar and the provincial registrar.
Record of conditional discharges
53.
—(1) The provincial registrar shall maintain a record of conditional discharges.
(2) The record shall not be open to public inspection but shall be made available to diocesan bishops and registrars.
(3) A conditional discharge shall be removed from the record at the end of the period specified in the order of the tribunal which imposed it.
(2) If the parochial church council does not nominate another person within 28 days of being invited by the bishop to do so, any person claiming to have a proper interest in making the complaint may apply in writing to be substituted as the complainant. The application shall set out the grounds for the claim, and shall be made to the bishop unless the complaint has already been referred to the Designated Officer for a formal investigation, in which case it shall be made to the President.
Death, serious illness or incapacity of complainant not nominated by the ParochialChurch Council
56.
—(1) In the event of the death, serious illness or incapacity of the complainant other than a person nominated by a parochial church council, any other person claiming to have a proper interest in making the complaint may apply in writing to be substituted as the complainant. The application shall set out the grounds for the claim, and shall be made to the bishop unless the complaint has already been referred to the Designated Officer for a formal investigation, in which case it shall be made to the President.
(2) Where an application to be substituted as the complainant is made to the bishop, the bishop may seek advice from the registrar as to whether the applicant has a proper interest in the complaint.
(3) The bishop or the President, as the case may be, may substitute an applicant as the complainant if satisfied that the applicant has a proper interest in the complaint, and that it is in the interests of justice to do so, and shall notify the respondent accordingly.
President may direct withdrawal if no person is nominated or substituted
57.
In the event of the death, serious illness or incapacity of the complainant, if no other person is duly nominated or substituted as complainant in the proceedings, the President may direct under rule 58 that the complaint is to be withdrawn, whereupon no further action shall be taken in the proceedings.
President's powers under section 18 of the Measure
58.
—(1) At any stage of proceedings after the bishop has directed they are to be formally investigated, the President may—
direct that a complaint is to be withdrawn (whereupon no further action shall be taken in the proceedings) or that an attempt or further attempt is to be made to bring about conciliation.
(2) The President's direction shall be made in writing and a copy shall be given to the complainant, the respondent, the Designated Officer, the bishop, the Registrar of Tribunals and the diocesan registrar.
Complainant wishes to withdraw
59.
—(1) Where a complainant wishes to withdraw a complaint at any stage before the bishop determines which course to pursue under section 12 of the Measure, the bishop, after consulting the respondent in writing, shall direct—
(2) The bishop may seek advice from the registrar as to whether the person to be substituted as complainant has a proper interest in making the complaint.
(3) The bishop's direction shall be made in writing and a copy shall be given to the respondent, the complainant, the person to be substituted as complainant, and the registrar.
(4) Where a complainant wishes to withdraw a complaint after the bishop has directed that it is to be formally investigated, the President, after consulting the respondent, the bishop, and the Designated Officer in writing, may direct that—
(5) The President's direction shall be made in writing and a copy shall be given to the respondent, the complainant, the person to be substituted as complainant, the Designated Officer, the bishop, the Registrar of Tribunals and the registrar.
whichever is the earlier in either case,
(c) explain—
(d) state that the effect of the suspension is that the priest or deacon is forbidden to exercise or perform without the leave of the bishop any right or duty of or incidental to the office of priest or deacon, as the case may be,
(e) explain that within a period of 14 days from the date when the suspension takes effect the priest or deacon may appeal against the suspension to the President, who may within 28 days following the lodging of the appeal either confirm or revoke the suspension.
Notification to others of suspension
63.
A copy of the notice of suspension of a priest or deacon under rule 60(2) or 61(2) shall be sent or delivered by the bishop to—
Revocation of suspension
64.
—(1) The bishop may at any time during any period of suspension under rule 60 or rule 61 revoke a notice of suspension, and on so doing the bishop shall serve a notice in writing on the priest or deacon concerned stating that the notice of suspension has been revoked and that the period of suspension has been terminated.
(2) A copy of any notice revoking a notice of suspension shall be sent or delivered by the bishop to the persons specified in rule 63.
Notification of cessation of suspension
65.
Where—
the bishop shall notify in writing the priest or deacon concerned and the persons specified in rule 63 that the suspension has ended.
Appeals by priest or deacon against notice of suspension
66.
—(1) An appeal to the President by a priest or deacon shall be made in writing within 14 days of receipt of the notice of suspension, and—
(2) Within 14 days of the date of the lodging of the appeal with the President the bishop may send or deliver to the President written comments in answer to the appeal against suspension, and a copy of those comments shall be sent or delivered by the bishop to the appellant at the same time as they are sent or delivered to the President.
(3) The President may confirm or revoke the suspension and shall do so in writing within 28 days of the appeal being lodged, and a copy of the confirmation or revocation shall be sent or delivered to the appellant and the bishop.
(4) Where the suspension is revoked by the President on appeal, the bishop shall notify the persons specified in rule 63 that the suspension has been revoked.
(5) There shall be no stay of the suspension pending the determination of an appeal to the President against the suspension.
Bishop makes decision on imposition of penalty
69.
After expiry of the 28 days specified in rule 68 the bishop shall decide whether or not to impose the proposed penalty under section 30 of the Measure and shall—
Application to review decision to impose penalty
70.
—(1) An application by a priest or deacon for the review of a bishop's decision under section 30(2) of the Measure shall—
and the archbishop shall arrange for it to be copied and sent or delivered to the bishop who made the decision.
(2) The priest or deacon shall send or deliver to the archbishop with the application under sub-rule (1) a copy of—
Bishop may respond to application for review
71.
Within 21 days of receiving from the archbishop a copy of the application for a review under rule 70, the bishop may send or deliver to the archbishop written comments in response to the application, together with copies of any documents taken into account by the bishop when deciding to impose the penalty, and a copy of the comments and any such documents shall be sent or delivered by the bishop to the priest or deacon.
Archbishop reviews imposition of penalty
72.
—(1) The archbishop shall conduct the review with or without a hearing and, after considering the application and the documents supplied under rules 70(2) and 71 and all the circumstances, the archbishop shall decide whether to uphold or reverse the bishop's decision to impose the penalty and shall put that decision in writing and send or deliver copies to the priest or deacon and to the bishop.
(2) Where the review is conducted without a hearing the archbishop shall send or deliver the written decision within 3 months of receiving the application for review. Where a hearing is held for the purposes of the review the archbishop shall send or deliver the written decision within 28 days after the hearing.
Imposition of penalty by bishop under section 30 of the Measure
73.
When the time for making an application for review under rule 70 has expired, or the archbishop has decided following a review to uphold the bishop's decision, then the bishop shall impose the penalty in accordance with section 30(4) and section 30(5) of the Measure.
(2) Within 21 days of being so informed, that person may in writing request the President to review the matter, and the President upon receipt of the request shall send a copy of it to the archbishop of the relevant province.
(3) The archbishop of the relevant province may, within 21 days of receiving the copy of the request, make written representations to the President and shall send a copy of those representations to the person requesting the review.
(4) Within 42 days of receiving the request for a review the President shall in writing direct whether the person requesting the review is to continue to be included or is to be excluded from the list. If the person requesting the review is to continue to be included in the list, the President may direct that the particulars relating to that person shall be altered in such manner as are specified in the direction.
(5) A copy of the President's direction under sub-rule (4) shall be sent to the person requesting the review and to the archbishop of the relevant province.
Inclusion of name in list under section 38(1)(e) of the Measure
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—
(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—
(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.
Review of an entry in the list – (a),(b) & (c)
77.
—(1) Where a person has been included in the list under section 38(1)(a) or (b) of the Measure the archbishop of the relevant province shall, with the agreement of the other archbishop, direct that the name of that person together with the particulars recorded be removed from the list on being satisfied that—
(2) Where a person has been included in the list under section 38(1)(c) of the Measure and the archbishop of the relevant province makes a request under section 1 of the Clerical Disabilities Act 1870 (Amendment) Measure 1934[3] for the vacation of the enrolment of the deed of relinquishment executed by that person, the archbishop shall with the agreement of the other archbishop remove that person from the list.
Review of an entry in the list – (d) & (e)
78.
—(1) On the expiry of the period of five years following the inclusion of a person in the list under section 38(1)(d) or (e), the archbishop of the relevant province shall—
(2) After the 28 day period specified in sub-rule 1(c) has expired, and after considering any comments and representations received, the archbishop of the relevant province shall—
(b) in writing, notify the decision to—
Bishop may request review of inclusion in the list
79.
A bishop of a diocese may, at any time following the inclusion of a person in the list under section 38(1)(d) or (e), request a review of the inclusion, and the archbishop of the relevant province shall follow the same procedure as set out in rule 78.
Person named in the list may request review of inclusion after 5 years
80.
A person included in the list under section 38(1)(d) or (e) may request a review under section 38(4) of the Measure only after the expiry of a period of 5 years from the inclusion or after the expiry of a period of 5 years from the date of a previous review. Where such a request is made the archbishop of the relevant province shall follow the same procedure as set out in rule 78.
and form 6 and rule 24(b) shall be adapted accordingly by omitting reference to notification to the archbishop.
(2) The provincial registrar's record of the conditional deferment shall not be open to public inspection but shall be made available to diocesan bishops, and registrars.
Death or serious illness or incapacity of the complainant
84.
Rules 55 and 56 shall be read as if the words "the parochial church council" wherever they appear are replaced by "the bishop's council" or "the archbishop's council", as the case may be.
Notice of suspension of a bishop or archbishop during proceedings
85.
For the purposes of rule 60 a notice of suspension on a bishop or archbishop shall be—
and rule 62 shall be construed accordingly.
Notice of suspension of a bishop or archbishop following arrest
86.
For the purposes of rule 61 a notice of suspension on a bishop or archbishop shall be—
and rule 62 shall be construed accordingly.
Notification to others of suspension of bishop
87.
For the purposes of rule 63 a copy of the notice of suspension of a bishop shall be sent or delivered to—
and rules 64(2), 65 & 66(4) shall be construed accordingly.
Notification to others of suspension of archbishop
88.
For the purposes of rule 63 a copy of the notice of suspension of an archbishop shall be sent or delivered by the other archbishop to—
and rules 64(2), 65 and 66(4) shall be construed accordingly.
Sentences of imprisonment & matrimonial orders: bishops & archbishops
89.
In rules 67 to 73 references to provisions in section 30 of the Measure shall be read as references to the corresponding provisions in section 31 of the Measure.
Application by bishop or archbishop for review of penalty
90.
An application under rule 70 for a review of a penalty imposed under section 31(2) of the Measure shall be made by a bishop to the other archbishop, and by an archbishop to the President, and rules 70 to 73 shall be construed accordingly.
the rules shall apply and be read with the following adaptations.
Clerk in holy orders serving in a cathedral church
92.
In the case of a clerk in holy orders serving in a cathedral church—
and rules 64(2), 65 and 66(4) shall be construed accordingly.
Chaplains of prisons, hospitals, universities, schools and other institutions
93.
In the case of a chaplain of a prison, hospital, university, school or other institution—
and rules 64(2), 65 and 66(4) shall be construed accordingly.
Chaplain of the armed forces of the Crown
94.
In the case of a chaplain of one of the armed forces of the Crown—
and form 6 and rule 24(b) shall be adapted accordingly by omitting reference to notification to the archbishop.
(f) For the purposes of rule 27(7) any penalty by consent is to be notified by the Archbishop of Canterbury to the provincial registrar.
(g) For the purposes of rule 63 a copy of a notice of suspension shall be sent or delivered by the Archbishop—
and rules 64(2), 65 and 66(4) shall be construed accordingly.
(h) An application for a review of a decision of the Archbishop of Canterbury under section 30(2) of the Measure shall be made to the Archbishop of York, and rules 70 to 73 shall be construed accordingly.
(i) An application for a prohibition for life or deposition to be nullified under section 26(1) of the Measure shall be made to the Archbishop of York and rule 97 shall be construed accordingly.
(j) For the purposes of an application for the removal of a limited prohibition, reference in section 27 of the Measure to the archbishop of the province concerned shall be construed as meaning the Archbishop of Canterbury.
Ministers with a licence from the Archbishop of the province
95.
In the case of a minister who has a licence from the archbishop of a province to preach throughout the province—
and form 6 and rule 24(b) shall be adapted accordingly by omitting reference to notification to the archbishop.
(f) For the purposes of rule 27(7) any penalty by consent is to be notified by the archbishop of the province to the provincial registrar.
(g) For the purposes of rule 63 a copy of a notice of suspension shall be sent or delivered by the archbishop of the province—
and rules 64(2), 65 and 66(4) shall be construed accordingly.
(h) An application for a review of a decision of the archbishop of a province under section 30(2) of the Measure shall be made to the other archbishop, and rules 70 to 73 shall be construed accordingly.
(i) An application for a prohibition for life or deposition to be nullified under section 26(1) of the Measure shall be made to the other archbishop and rule 97 shall be construed accordingly.
Ministers with a licence from the University of Oxford or Cambridge
96.
In the case of a minister who has a licence from the University of Oxford or Cambridge—
and form 6 and rule 24(b) shall be adapted accordingly by omitting reference to notification to the archbishop.
(f) For the purposes of rule 27(7) any penalty by consent is to be notified by the Archbishop of Canterbury to the provincial registrar.
(g) For the purposes of rule 63 a copy of a notice of suspension shall be sent or delivered by the Archbishop of Canterbury—
and rules 64(2), 65 and 66(4) shall be construed accordingly.
(h) An application for a review of a decision of the Archbishop of Canterbury under section 30(2) of the Measure shall be made to the Archbishop of York, and rules 70 to 73 shall be construed accordingly.
(i) An application for a prohibition for life or deposition to be nullified under section 26(1) of the Measure shall be made to the Archbishop of York and rule 97 shall be construed accordingly.
(j) For the purposes of an application for the removal of a limited prohibition, reference in section 27 of the Measure to the archbishop of the province concerned shall be construed as meaning the Archbishop of Canterbury.
(2) The archbishop may invite any person involved in the proceedings leading to the prohibition or deposition to make written representations within 21 days of being invited to do so, and a copy of any such representations shall be sent or delivered by the archbishop to the applicant.
(3) The archbishop shall consider the application with or without a hearing.
(4) Having considered the application and after consultation with the Dean of the Arches and Auditor, the archbishop shall declare in writing whether the prohibition for life or deposition was justified, and a copy of the declaration shall be sent or delivered to the applicant and the provincial registrar. Where the application is considered without a hearing the archbishop shall send or deliver the written decision within 3 months of receiving the application. Where a hearing is held for the purposes of the application the archbishop shall send or deliver the written decision within 28 days after the hearing.
Removal of limited prohibition: priests and deacons
98.
—(1) An application for the removal of a limited prohibition shall—
(2) The Dean of the Arches and Auditor and the two Vicars-General shall consider the application with or without a hearing.
(3) The Dean of the Arches and Auditor and the two Vicars-General shall make their order in writing and a copy shall be sent or delivered to the joint applicants and the provincial registrar. Where the application is considered without a hearing the order shall be sent or delivered within 3 months of receiving the application. Where a hearing is held for the purposes of the application the order shall be sent or delivered within 28 days after the hearing.
Removal of prohibition for life and deposition: bishops and archbishops
99.
For the purposes of rule 97 an application for a prohibition or deposition to be nullified under section 26(3) of the Measure shall be made—
and in the case of an application by an archbishop rule 97(4) shall be read as if reference to any consultation were omitted.
Removal of limited prohibition: bishops and archbishops
100.
For the purposes of rule 98 an application to the Dean of the Arches and Auditor sitting with the two Vicars-General for the removal of a limited prohibition under section 27 of the Measure shall be made—
(d) in such other manner (including electronic means) as the President, Registrar of Tribunals or Chair may direct.
(2) The proper address shall be the usual or last known address of a person, except as follows—
Time
102.
—(1) Save where these rules provide that the time for doing an act may be extended by another person, the President may extend any time limit specified under the rules for doing an act even if the time so specified has expired, unless an extension would be inconsistent with any provision of the Measure.
(2) Where proceedings have been referred by the President to the tribunal, the Registrar of Tribunals or the Chair may extend any time limit specified under these rules for doing an act even if the time so specified has expired, unless an extension would be inconsistent with the provisions of the Measure.
(3) Where an order or direction imposes a time limit for doing an act the last date for compliance shall wherever practicable be expressed as a calendar date and include the time by which the act must be done.
Irregularities
103.
Where there has been an irregularity or error of procedure—
Revision of forms
104.
Any forms in the Schedule may from time to time be revised or amended by direction of the Dean of the Arches and Auditor if deemed appropriate.
Contempt
105.
—(1) If any person does or omits to do anything which is a contempt in connection with proceedings before, or in connection with an order made by, the Registrar of Tribunals, the Chair or the tribunal, the Chair may certify the act or omission as a contempt and refer the matter to the High Court under section 81(3) of the Ecclesiastical Jurisdiction Measure 1963[4].
(2) Failure to comply with an order shall not be deemed to be a contempt unless the order provides that the person to whom it is directed may be sent to prison, or fined, or both, if the order is not obeyed.
Interpretation
106.
In these rules, unless the context otherwise requires—
Citation and commencement
107.
—(1) These rules shall be known as the Clergy Discipline Rules 2005.
(2) These rules shall come into force on the day appointed under section 48(2) of the Measure for the coming into operation of section 8 of the Measure.
Approved by the General Synod on
9th July 2005
S M C Cameron
R M Baker
T Briden
J L Humphreys
L P M Lennox
J W S Litten
+I Petriburg:
V J H Rees
J Rodgers
+G Southwell:
J D Tetley
G H Webster
David Williams
Clerk to the Synod
Church House, London