# Clergy Conduct Measure 2026, Section 17: Protected parties

Extent: E
Status: prospective

(1) A complaint in which a child has a proper interest may not be made by the child but may instead be made by—
(a) a person with parental responsibility for the child, or
(b) a person appointed as a litigation friend for the child.
(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.
(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.
(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.
(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—
(a) by the President of Tribunals, or
(b) if a tribunal or court is already convened, by the Chair of the tribunal or court.
(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.
(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.
(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).
(9) “Parental responsibility” has the meaning given in the Children Act 1989.
(10) A reference to lacking capacity is to be read with the Mental Capacity Act 2005.
(11) “Disability” has the meaning given in section 6 of the Equality Act 2010.

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Source: https://www.legislation.gov.uk/ukcm/2026/1/section/17 (the official version)
Page: https://openlegislation.uk/clergy-conduct-measure-2026/section-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.