{
  "url": "https://openlegislation.uk/clergy-conduct-measure-2026/section-17",
  "json_url": "https://openlegislation.uk/clergy-conduct-measure-2026/section-17.json",
  "legislation": "ukcm/2026/1",
  "legislation_title": "Clergy Conduct Measure 2026",
  "legislation_url": "https://openlegislation.uk/clergy-conduct-measure-2026",
  "path": "section/17",
  "kind": "section",
  "number": "17",
  "heading": "Protected parties",
  "text": "(1) A complaint in which a child has a proper interest may not be made by the child but may instead be made by—\n(a) a person with parental responsibility for the child, or\n(b) a person appointed as a litigation friend for the child.\n(2) Where a person who has a proper interest in a complaint lacks capacity to make the complaint or has a disability, the complaint may be made by a person appointed as a litigation friend for that person.\n(3) Where the person who is the respondent to a complaint lacks capacity to act as such or has a disability, a person appointed as a litigation friend for that person may act as respondent to the complaint.\n(4) Subsections (2) and (3) do not affect the powers of a person authorised under the Mental Capacity Act 2005 to act for the person concerned.\n(5) The power to appoint a person as a litigation friend is exercisable at any time in accordance with the rules (except under subsection (1), where it is exercisable only before the complaint is made); and the power is exercisable—\n(a) by the President of Tribunals, or\n(b) if a tribunal or court is already convened, by the Chair of the tribunal or court.\n(6) It is the duty of a person appointed as a litigation friend for a person to act in that person’s best interests in relation to the complaint.\n(7) A person who is authorised by this section to make a complaint is to be treated for the purposes of section 15(1) as having a proper interest in the complaint.\n(8) A reference to having a proper interest in a complaint is a reference to having a proper interest in it by virtue of section 15(2)(g), (3)(e), (4)(d) or (5)(d).\n(9) “Parental responsibility” has the meaning given in the Children Act 1989.\n(10) A reference to lacking capacity is to be read with the Mental Capacity Act 2005.\n(11) “Disability” has the meaning given in section 6 of the Equality Act 2010.",
  "extent": "E",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 17 not in force at Royal Assent, see s. 73(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukcm/2026/1/section/17",
    "retrieved_at": "2026-10-29T20:22:03.551412+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}