Section 25 Complaint of misconduct: reportI1

England Not yet in force

(1)

A case assessor, having completed an investigation under section 24, must issue a report to the parties to the complaint and—

(a)

in the case of a complaint against a priest, deacon or bishop, to the responsible bishop;

(b)

in the case of a complaint against an archbishop, to the President of Tribunals.

(2)

The report must be issued within the period specified in the rules and must address such matters as may be specified in the rules.

(3)

The report must set out the findings of fact that the case assessor made and must make one of the following recommendations—

(a)

that the complaint be declared proved in full;

(b)

that the complaint be dismissed in full;

(c)

that the complaint be declared proved in part and be dismissed in part.

(4)

In so far as the recommendation made in the report is that the complaint be declared proved, the report may also recommend—

(a)

whether a penalty or administrative sanction should be imposed, and

(b)

if so, which penalty or administrative sanction should be imposed.

(5)

In so far as the recommendation made in the report is that the complaint be dismissed, the report may also recommend that the complaint be declared vexatious or totally without merit.

(6)

In the case of a complaint against a priest, deacon or bishop, the responsible bishop, having received the report and having had due regard to the Code of Practice, must implement the recommendation under subsection (3) or (5).

(7)

In the case of a complaint against an archbishop, the President of Tribunals—

(a)

may implement the recommendation under subsection (3) or (5), or

(b)

if the President does not agree with a finding of fact or with a recommendation under subsection (3) or (5), may—

(i)

determine the complaint, or

(ii)

give directions in accordance with the rules.

(8)

Neither the responsible bishop nor the President of Tribunals need implement a recommendation under subsection (4) and may accordingly decide the matters specified in paragraphs (a) and (b) of that subsection.

Annotations

Commencement

I1: S. 25 not in force at Royal Assent, see s. 73(3)