# Clergy Conduct Measure 2026, Section 40: Conditional discharge

Extent: E
Status: prospective

(1) On a finding or admission of misconduct on a complaint, the responsible bishop, the President of Tribunals or the tribunal or court may order the discharge of the respondent subject to the condition that the respondent does not commit misconduct during the period specified in the order; and that period must not exceed two years beginning with the date of the order.
(2) An order under this section is called a “conditional discharge”; and the period specified in the order is referred to as the period of the discharge.
(3) A conditional discharge may be made only if, having due regard to the circumstances (including the nature of the misconduct and the character of the respondent), the responsible bishop, the President of Tribunals or the tribunal or court is of the opinion that it is not expedient to impose a penalty or administrative sanction.
(4) If a person in whose case a conditional discharge has been made is found to have committed or admits to having committed misconduct during the period of the discharge, the responsible bishop, the President of Tribunals or the tribunal or court dealing with that misconduct may also deal with the misconduct for which the conditional discharge was made as if a finding or admission of that misconduct had just been made.
(5) Before making a conditional discharge, the responsible bishop, the President of Tribunals or the tribunal or court must explain to the respondent in ordinary language the effect of subsection (4).
(6) Where, in a case within subsection (4), the conditional discharge was made for serious misconduct and the subsequent finding or admission is of misconduct that is not serious misconduct, the responsible bishop or the President of Tribunals, on receiving the case assessor’s report, must refer the matter to the bishop’s disciplinary tribunal or Vicar-General’s court for the imposition of a penalty or administrative sanction.

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Source: https://www.legislation.gov.uk/ukcm/2026/1/section/40 (the official version)
Page: https://openlegislation.uk/clergy-conduct-measure-2026/section-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.