Section 36 SuspensionI1

England Not yet in force

(1)

A suspension is an order to suspend the cleric from carrying out any function of or incidental to the cleric’s office except in so far as the relevant officer has given permission.

(2)

The relevant officer may impose a suspension if satisfied, having considered all the circumstances of the case—

(a)

that the imposition of a restriction order would not be sufficient, and

(b)

that it is necessary to suspend the cleric from the exercise of functions as such.

(3)

Before deciding whether to impose a suspension, the relevant officer must consult such persons as the relevant officer considers appropriate and—

(a)

if acting in reliance on section 34 (1)(f) in the case of a priest or deacon, the diocesan safeguarding officer (unless the information was provided by the officer);

(b)

if acting in reliance on section 34 (1)(f) in the case of a bishop or archbishop, the national director of safeguarding (unless the information was provided by the director or a member of the national safeguarding team).

(4)

Before imposing a suspension on a bishop, the relevant officer must obtain the consent of the two most senior bishops of the province concerned.

(5)

The rules must make provision—

(a)

requiring a decision by the relevant officer whether to impose a suspension, and the reasons for that decision, to be recorded in writing;

(b)

for the procedure to be followed when serving notice of, or notice of revocation of, a suspension.

(6)

A suspension has effect for three months beginning with the date of service of the notice by virtue of subsection (5) unless the suspension is revoked under section 34 (3).

(7)

The relevant officer may, on the expiry of a suspension, impose a further suspension; and subsections (2) to (6) apply to each further suspension as they applied to the immediately preceding suspension.

(8)

Where a suspension of a priest or deacon has effect, the relevant officer may make arrangements for the ministrations of a church while the suspension has effect; but before doing so, the relevant officer must consult—

(a)

the churchwardens, and

(b)

the incumbent or priest-in-charge concerned or, if there is no such person or that person is the person suspended, the rural dean.

(9)

Where a suspension of a bishop has effect, the relevant officer may make arrangements for the ministrations of the diocese while the suspension has effect; but before doing so, the relevant officer must consult the two most senior bishops of the province concerned.

(10)

Where a suspension of an archbishop has effect, the other archbishop may make arrangements for the ministrations of the province while the suspension has effect; but before doing so, the relevant officer must consult the two most senior bishops of that province.

(11)

The cleric subject to the suspension must not interfere with the exercise of functions pursuant to arrangements made under subsections (8) to (10).

Annotations

Commencement

I1: S. 36 not in force at Royal Assent, see s. 73(3)