Section 45 Disobeying penalty etcI1

England Not yet in force

(1)

A breach of a penalty or censure imposed under this Measure or the CDM or EJM is to be regarded as a breach of ecclesiastical law for the purposes of section 3 (1)(a) and is, accordingly, misconduct.

(2)

Where a person is deposed from Holy Orders, a complaint may nevertheless be made against the person which—

(a)

alleges misconduct of the kind referred to in subsection (1), or

(b)

alleges that misconduct, which has not already been alleged in a complaint under this Measure or the CDM, occurred before the deposition took effect.

(3)

Sections 41 (3) and 42 (4) (which apply the consequences provided for in paragraphs (1) to (3) of section 4 of the Clerical Disabilities Act 1870) are subject to subsection (2) of this section.

Annotations

Commencement

I1: S. 45 not in force at Royal Assent, see s. 73(3)