Section 34 Restriction orders and suspensions: power to imposeI1

England Not yet in force

(1)

This section applies where, in the case of a priest, deacon, bishop or archbishop (a “cleric”)—

(a)

a complaint against the cleric has been allocated as a complaint of misconduct or serious misconduct but has not yet been concluded,

(b)

the cleric is arrested, or interviewed under caution, on suspicion of committing an offence or is charged with an offence without having been arrested or interviewed,

(c)

proceedings against the cleric for an offence are commenced,

(d)

the cleric is convicted of an offence,

(e)

the cleric is included in a barred list, or

(f)

the relevant officer is satisfied that the cleric presents a significant risk of harm on the basis of information provided by—

(i)

the diocesan safeguarding officer,

(ii)

the national director of safeguarding,

(iii)

a member of the national safeguarding team,

(iv)

a local authority, or

(v)

the police.

(2)

The relevant officer may impose on the cleric—

(a)

a restriction order (see further section 35), or

(b)

a suspension (see further section 36).

(3)

The relevant officer may revoke a restriction order or a suspension.

(4)

In this section and sections 35 and 36, the “relevant officer” is—

(a)

in the case of a priest or deacon, the bishop of the diocese concerned,

(b)

in the case of a bishop, the archbishop of the province concerned, and

(c)

in the case of an archbishop, the President of Tribunals.

(5)

A cleric presents a “significant risk of harm” if there is a significant risk that the cleric may—

(a)

harm a child or vulnerable adult,

(b)

cause a child or vulnerable adult to be harmed,

(c)

put a child or vulnerable adult at risk of harm,

(d)

attempt to harm a child or vulnerable adult, or

(e)

incite another person to harm a child or vulnerable adult.

(6)

The rules may provide that this section does not apply to a specified offence or an offence of a specified description.

(7)

A reference to an occurrence of a description given in subsection (1)(b) to (d) includes a reference to an occurrence of that description outside England.

Annotations

Commencement

I1: S. 34 not in force at Royal Assent, see s. 73(3)