OpenLegislation

Section 27 Complaint of serious misconductI1

England Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where a complaint is allocated under section 21(1)(c), 23(4)(c) or 24(7)(c) as a complaint of serious misconduct.

(2)

It is for the Investigation and Tribunals Team—

(a)

to investigate the complaint, and

(b)

to make a report to the President of Tribunals.

(3)

The Investigation and Tribunals Team may arrange for the functions under subsection (2) to be carried out on behalf of the Team by a person who is not an employee of the National Church Institutions.

(4)

The report under subsection (2)(b) must, once it has been made to the President of Tribunals, be given to each party to the complaint; and each party must be given an opportunity to make written representations on the report to the President.

(5)

The President of Tribunals, having considered the report under subsection (2)(b) and any representations under subsection (4), must do one of the following—

(a)

refer the complaint in full for determination by a bishop’s disciplinary tribunal (if the complaint is against a priest or deacon) or by the Vicar-General’s court (if it is against a bishop or archbishop);

(b)

refer part of the complaint for determination as mentioned in paragraph (a) and dismiss the remainder;

(c)

dismiss the complaint in full.

(6)

In making a decision under subsection (5), the President of Tribunals must consider—

(a)

whether there is a real prospect of a finding of misconduct,

(b)

whether, if there were a finding of misconduct, it would likely be a finding of serious misconduct, and

(c)

whether there are exceptional circumstances which are such that referring the complaint to a tribunal or court would cause an injustice.

(7)

If the President of Tribunals determines that there is a real prospect of a finding of misconduct, that it would likely be a finding of serious misconduct and that there are no circumstances as mentioned in subsection (6)(c), the President must refer the complaint—

(a)

in the case of a complaint against a priest or deacon, to a bishop’s disciplinary tribunal (see further section 29);

(b)

in the case of a complaint against a bishop or archbishop, to the Vicar-General’s court (see further section 30).

(8)

If the President of Tribunals determines that there is no real prospect of a finding of misconduct, the complaint is dismissed and no further steps may be taken on it.

(9)

If the President of Tribunals determines that there is a real prospect of a finding of misconduct but that it would likely not be a finding of serious misconduct—

(a)

the President must refer the complaint to the lead assessor, and

(b)

the complaint is to continue as if it had been allocated as a complaint of misconduct (but not serious misconduct), even if the limitation period under section 19(2) has already ended.

(10)

If the President of Tribunals determines that there is a real prospect of a finding of misconduct and that it would likely be a finding of serious misconduct but that there are circumstances as mentioned in subsection (6)(c), the complaint is dismissed and no further steps may be taken on it.

(11)

The President of Tribunals’ decision under subsection (5) and the conclusion of each consideration under subsection (6) must be recorded in writing.

Annotations

Commencement

I1

S. 27 not in force at Royal Assent, see s. 73(3)