Section 16 Complaint: procedureI1
England Not yet in force
A complaint must be made—
in the form specified in the rules, and
by following the procedure set out in the rules.
A complaint against a priest or deacon must—
if the complaint alleges that the priest or deacon officiated as a minister without authority, be made to the bishop of the diocese in which the priest or deacon is alleged to have done so, or
in any other case, be made to the bishop of the diocese in which, at the time that the conduct alleged in the complaint occurred, the priest or deacon—
held a form of authority to exercise ministry, or
if not at that time holding a form of authority to exercise ministry, was resident.
A complaint against a bishop (other than an archbishop) must—
if the complaint alleges that the bishop officiated as a minister without authority, be made to the archbishop of the province in which the bishop is alleged to have done so, or
in any other case, be made to the archbishop of the province in which, at the time that the conduct alleged in the complaint occurred, the bishop—
held a form of authority to exercise ministry, or
if not at that time holding a form of authority to exercise ministry, was resident.
A complaint against an archbishop must be made to the President of Tribunals; and the President, having received the complaint, must notify the other archbishop.
A complaint against a chaplain of one of the armed forces of the Crown must be made to the Archbishop of Canterbury.
A complaint against a minister who has a licence to preach from an archbishop must be made to the archbishop to whom the complaint would be made under subsection (3) if the references in paragraphs (a) and (b) of that subsection to the bishop were references to the licensed minister.
A complaint against a minister who has a licence to preach from the University of Oxford or the University of Cambridge must be made to the Archbishop of Canterbury.
A complaint against a clerk in Holy Orders who holds office in a Royal Peculiar may be made in so far as the rules may provide; and for that purpose, the rules may apply provisions of this Measure with modifications.
Subsections (2) to (4) apply subject to subsections (5) to (8).
A complaint may not be made about the exercise of a function conferred by or under this Measure unless the permission of the President of Tribunals has been obtained.
In the case of a minister licensed to serve in a diocese by the bishop, the licence may not be terminated because of misconduct otherwise than as a result of a complaint being made.
The bishop or archbishop to whom a complaint is required to be made is referred to in this Measure as “the responsible bishop”.
Annotations
Commencement
- I1
S. 16 not in force at Royal Assent, see s. 73(3)