OpenLegislation

Section 23 GrievanceI1

England Not yet in force

(1)

This section applies where a complaint is allocated under section 21(1)(a) or 24(7)(b) as a grievance.

(2)

The designated person appointed under section 22(2) must, in investigating and seeking to resolve the grievance, act in accordance with the rules and have due regard to the Code of Practice.

(3)

At any time before resolving the grievance, the designated person may refer the complaint to the lead assessor with a recommendation that it be allocated instead as a complaint of misconduct or serious misconduct.

(4)

On a referral under subsection (3), the lead assessor, having complied with any requirements imposed by the rules and having had due regard to the Code of Practice, must do one of the following—

(a)

allow the complaint to continue to be allocated as a grievance;

(b)

allocate the complaint as a complaint of misconduct (but not serious misconduct);

(c)

allocate the complaint as a complaint of serious misconduct.

(5)

Section 21 applies to a decision to take action under subsection (4)(b) or (c) of this section as it applies to a decision to take the equivalent action under subsection (1)(b) or (c) of that section.

(6)

If the designated person is satisfied that it is not possible to resolve the grievance, the designated person must notify—

(a)

the parties to the complaint,

(b)

the lead assessor, and

(c)

the responsible bishop or, in the case of a complaint against an archbishop, the President of Tribunals.

Annotations

Commencement

I1

S. 23 not in force at Royal Assent, see s. 73(3)