OpenLegislation

Section 55 Conviction, arrest, caution etcI1

England Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where—

(a)

a clerk in Holy Orders is arrested, or interviewed under caution, on suspicion of committing an offence or is charged with an offence without having been arrested or interviewed;

(b)

proceedings for an offence are commenced against a clerk in Holy Orders;

(c)

a clerk in Holy Orders is convicted of an offence or receives a caution or an administrative disposal;

(d)

a clerk in Holy Orders is included in a barred list.

(2)

The clerk must within 28 days of that occurrence—

(a)

in the case of a priest or deacon, inform the bishop of the diocese;

(b)

in the case of a bishop, inform the archbishop of the province;

(c)

in the case of an archbishop, inform the other archbishop and the President of Tribunals.

(3)

In a case within subsection (1)(d), the information required to be provided under subsection (2) also includes the reason for being included in the barred list.

(4)

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

(5)

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

(6)

Section 16(10) (permission of President of Tribunals required for complaint about function under this Measure) does not apply to a requirement under subsection (2).

(7)

In subsection (1)(c), the reference to receiving an administrative disposal is a reference to undergoing an administrative process operated by the police for the disposal of conduct—

(a)

which constitutes an offence, and

(b)

for which the person undergoing the process accepts responsibility, but

(c)

for which no charge is being brought.

Annotations

Commencement

I1

S. 55 not in force at Royal Assent, see s. 73(3)