Section 41 Deposition from Holy Orders: priest or deaconI1

Where a bishop’s disciplinary tribunal imposes the penalty of prohibition for life on a priest or deacon, the tribunal must include in its written judgment—

The responsible bishop, having considered the recommendation and the reasons for it, may depose the priest or deacon from Holy Orders.

If a person is deposed from Holy Orders, the same consequences follow as those provided for in paragraphs (1) to (3) of section 4 of the Clerical Disabilities Act 1870.

Before exercising the power under subsection (2), the responsible bishop must serve on the priest or deacon and on the registrar of the relevant province a written notice in the form specified in the rules of the intention to depose the priest or deacon.

The priest or deacon may appeal against the notice; and the appeal must be made before the end of 28 days beginning with the date of the notice.

The appeal is made to the archbishop of the province which includes the diocese of the responsible bishop.

The responsible bishop may not exercise the power under subsection (2) until—

The rules may make further provision about an appeal under subsection (5), including provision on the powers exercisable where the appeal is allowed.