{
  "url": "https://openlegislation.uk/clergy-conduct-rules-2026/note",
  "json_url": "https://openlegislation.uk/clergy-conduct-rules-2026/note.json",
  "legislation": "uksi/2026/882",
  "legislation_title": "The Clergy Conduct Rules 2026",
  "legislation_url": "https://openlegislation.uk/clergy-conduct-rules-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nThese Rules are made under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and carry into effect provisions of the Clergy Conduct Measure 2026 (“the CCM”).\nRule 1 provides for these Rules to come into force immediately after the commencement of section 2 of the CCM (which creates the new jurisdiction for disciplinary matters). Rule 1 also introduces Schedule 1, which sets out all the Forms provided for in these Rules.\nRule 2 sets out the overriding objective of the Rules which is to enable complaints under the CCM to be dealt with justly.\nRule 3 requires parties to a complaint to co-operate with the tribunal or court hearing the complaint and anybody else with responsibilities under the CCM.\nRue 4 gives the President of Tribunals a general power to give directions and hold hearings.\nRule 5 enables the President of Tribunals to appoint a litigation friend for anyone who is a protected party (a child, for example).\nRule 6 enables the President of Tribunals to remove a litigation friend.\nRule 7 provides for what happens where a litigation friend is acting on a complaint but circumstances change (for example, the child in question becomes 18).\nRule 8 makes provision about the service or other delivery of documents to a litigation friend.\nRule 9 sets out the main information to include in a complaint form.\nRule 10 sets out additional information to include in a complaint form.\nRule 11 sets out the procedure for making a complaint about the exercise of a function imposed by the CCM or the Rules.\nRule 12 sets out the procedure for seeking permission to make a complaint out of time.\nRule 13 provides that, once a complaint is made, it is to be referred to the lead assessor on the panel of assessors.\nRule 14 sets out the procedure for allocating a complaint, according to whether it involves a grievance, misconduct that is not serious misconduct, or serious misconduct.\nRule 15 provides that, once a complaint is allocated, the parties must be notified.\nRule 16 introduces the provisions on the procedure for dealing with a grievance.\nRule 17 ensures that the parties to a grievance are provided with the Code of Practice produced by the Clergy Conduct Commission.\nRule 18 sets out the procedure for the respondent to a grievance to make a response.\nRule 19 enables the respondent to a grievance to withdraw an admission to a grievance if the President of Tribunals allows that.\nRule 20 sets out the procedure for deciding a grievance.\nRule 21 requires the creation of a “grievance record”, which includes the complaint form on the grievance, the response form and a record of the outcome.\nRule 22 sets out the procedure for the reallocation of a complaint.\nRule 23 introduces the provisions on the procedure for dealing with a complaint of misconduct which is not serious misconduct.\nRule 24 ensures that the parties to a complaint of misconduct are provided with the Code of Practice produced by the Clergy Conduct Commission.\nRule 25 sets out the procedure for the respondent to a complaint of misconduct to make a response.\nRule 26 enables the respondent to a complaint of misconduct to withdraw an admission to the complaint if the President of Tribunals allows that.\nRule 27 requires the case assessor on a complaint of misconduct to seek advice from the Investigation and Tribunals Team.\nRule 28 requires the case assessor, having completed an investigation into the complaint, to issue a report of the investigation.\nRule 29 sets out the procedure where the parties to the complaint reach an agreement under the conciliation process.\nRule 30 sets out the procedure for the reallocation of a complaint.\nRule 31 introduces the provisions on the procedure for dealing with a complaint of serious misconduct.\nRule 32 ensures that the parties to a complaint of serious misconduct are provided with the Code of Practice produced by the Clergy Conduct Commission.\nRule 33 sets out the procedure for the respondent to a complaint of serious misconduct to make a response.\nRule 34 enables the tribunal or court hearing a complaint of serious misconduct to make findings of fact based on admissions by the respondent.\nRule 35 enables the Investigation and Tribunals Team to apply for the tribunal or court for proceedings to be discontinued where the respondent has made partial admissions.\nRule 36 sets out the procedure for the respondent to withdraw an admission.\nRule 37 requires the Investigation and Tribunals Team, having completed an investigation into the complaint, to issue a report of the investigation.\nRule 38 sets out the procedure for parties to a complaint to make representations and the procedure for the President of Tribunals to make a decision.\nRule 39 sets out the procedure for requiring a person who is not a party to a complaint to produce documents which the court hearing the complaint thinks will be relevant.\nRule 40 provides that a person who fails to comply with an order under rule 39 faces the possibility of being held in contempt.\nRule 41 sets out the procedure for adding a safeguarding professional as a party to a complaint.\nRule 42 gives a safeguarding professional power to attend hearings and make written submissions about the appropriate penalty to impose.\nRule 43 requires the Chair of the tribunal or court to manage complaints actively by, for example, encouraging the parties to a complaint to co-operate.\nRule 44 gives the Chair of the tribunal or court some general case management powers, including power to adjourn a hearing or require a party to attend.\nRule 45 requires the registrar of tribunals to consult the Chair of the tribunal or court before taking steps on the proceedings on a complaint.\nRule 46 enables the Chair of the tribunal or court to exercise powers under these Rules on his or her own initiative.\nRule 47 enables the Chair of the tribunal or court to give directions for the conduct of the proceedings.\nRule 48 lists the matters on which directions may be given (for example, presentation of evidence).\nRule 49 sets out the requirements which witness statements must meet.\nRule 50 provides that, in general, a witness statement for proceedings on a complaint may not be used for other purposes.\nRule 51 sets out the procedure for using an expert report in proceedings on a complaint.\nRule 52 gives the Chair of the tribunal or court power to exclude evidence.\nRule 53 enables oral evidence to be given.\nRule 54 requires the tribunal or court to set a timetable for hearing a complaint and to decide whether it is to be in person, remote or hybrid.\nRule 55 sets out instances in which the respondent to a complaint is prohibited from cross-examining a witness in person.\nRule 56 enables the complainant to ask the registrar of tribunals to amend an allegation of misconduct.\nRule 57 sets out the limited cases in which the tribunal or court is entitled to sit in private.\nRule 58 enables the Chair of the tribunal or court to require a particular witness or expert to attend a hearing in person.\nRule 59 provides that, if a party to a complaint is absent from a hearing, the tribunal or court may not proceed unless satisfied that the party has been given written notice of the hearing.\nRule 60 enables the tribunal or court to exclude from a hearing a person who is, for example, being disruptive.\nRule 61 sets out the special measures that may be put in place where the ability of a party to participate in proceedings on a complaint by, for example, language difficulties or a mental health condition.\nRule 62 enables the tribunal or court on a complaint to order that the identity of a person involved in the proceedings is not to be published.\nRule 63 provides that proceedings on a complaint come to an automatic end if the respondent dies.\nRule 64 sets out what is to happen where the complainant dies or becomes incapacitated or is otherwise incapable of participating in the proceedings — for example, the complainant may be replaced by somebody else.\nRule 65 sets out the procedure for the complainant to withdraw a complaint.\nRule 66 enables the parties to a complaint to make representations before a penalty is imposed.\nRule 67 sets out circumstances in which the responsible bishop can be required to produce a written opinion on the appropriate penalty.\nRule 68 sets out the procedure for imposing a penalty in circumstances in which there has not been a complaint, including where a clerk in Holy Orders has been convicted of an offence.\nRule 69 requires the Chair of the tribunal or court on a complaint to make a public pronouncement of the decision.\nRule 70 provides for copies of decisions to impose penalties or administrative sanctions to be sent to the respondent and certain other persons.\nRule 71 sets out the procedure for giving a priest or deacon notice of an intended deposition.\nRule 72 sets out the procedure for a person to appeal against a notice under rule 71.\nRule 73 sets out the procedure for making a decision whether to depose a priest or deacon.\nRule 74 sets out the procedure for giving an archbishop or bishop notice of an intended deposition.\nRule 75 sets out the procedure for an archbishop or bishop to make representations in response to a notice under rule 74.\nRule 76 sets out the procedure for giving notice of a restriction order.\nRule 77 sets out the procedure for giving notice of a suspension.\nRule 78 sets out the procedure for recording the decision made on whether to make a restriction order or suspension.\nRule 79 sets out the procedure for giving notice of the revocation of a restriction order or suspension.\nRule 80 makes provision for serving or otherwise giving notice of a restriction order or suspension or of a revocation.\nRule 81 makes provision for certain persons to be given a copy of a notice of a restriction order or suspension or a revocation.\nRule 82 lists who is entitled to have access to the Archbishops’ list under section 58 of the CCM.\nRule 83 requires the archbishop to give notice to a person whose name is included on the list.\nRule 84 enables a clerk to appeal against the inclusion on the list of a conviction which has become protected under the Rehabilitation of Offenders Act 1974.\nRule 85 enables a clerk to appeal against the inclusion on the list of information that is incorrect.\nRule 86 provides that, where a finding of misconduct is made under the CCM or a predecessor Measure against a clerk who also works in another capacity (as a doctor or lawyer, for example), the finding of misconduct is to be notified to an appropriate person involved in that other work.\nRule 87 provides that, where a finding is made against a clerk in disciplinary proceedings relating to work that the clerk carries out in another capacity, that finding is to be notified to a senior member of clergy.\nRule 88 imposes a time limit of two years on the process under rule 87.\nRule 89 enables a clerk to appeal against the imposition of a penalty under the CCM where an adverse finding in disciplinary proceedings relating to other work that the clerk does.\nRule 90 sets out the procedure for applying for permission to appeal or request a review.\nRule 91 sets out the procedure for determining an application under rule 90.\nRule 92 sets out the procedure for applying to bring an appeal out of time.\nRule 93 enables the court hearing an appeal to strike out the appeal.\nRule 94 provides that, if a party to a complaint is absent from a hearing on an appeal, the court may not proceed unless satisfied that the party has been given written notice of the hearing.\nRule 95 provides that, in general, a witness who gave evidence on a complaint of misconduct is to be called to give evidence on an appeal or review arising from the complaint.\nRule 96 provides that, in general, only new evidence may be put before the court on an appeal or review.\nRule 97 sets out the procedure for requiring a person who was not a party to a complaint to produce documents to the court on an appeal or review.\nRule 98 sets out the procedure for amending or withdrawing an appeal.\nRule 99 sets out the powers available to the court on an appeal or review.\nRule 100 provides that decisions by the court on an appeal or review may be taken by majority.\nRule 101 sets out the procedure for bringing an appeal or requesting a review.\nRule 102 sets out the powers available to the President of Tribunals on a request to review a decision to allocate a complaint as a grievance, a decision to dismiss a complaint or a finding of fact in the report of an investigation on a complaint.\nRule 103 sets out the powers available to the President of Tribunals or other person hearing an appeal against the imposition of a restriction order or suspension.\nRule 104 sets out the powers available to the President of Tribunals on a request to review the imposition of a penalty.\nRule 105 sets out the general requirements for making an application under these Rules.\nRule 106 provides that, in general, notice of an application must be given to the parties.\nRule 107 sets out the procedure for dealing with an application at a hearing.\nRule 108 sets out the procedure for dealing with an application where there is no hearing.\nRule 109 provides that, where an application is dismissed for being vexatious, the order of dismissal must record that.\nRule 110 requires a copy of an order made on an application to be sent to the parties.\nRule 111 sets out the ways in which a document may be served or otherwise delivered.\nRule 112 defines a person’s “proper address” for the purposes of the provisions on service.\nRule 113 sets out when a document that is served or otherwise delivered is taken to be delivered.\nRule 114 introduces Schedule 2, which makes special provision for complaints of serious misconduct against clerks in Royal Peculiars.\nRule 115 gives the President of Tribunals a general power to extend a time limit under these Rules.\nRule 116 introduces Schedule 3, which provides for certain decisions to be recorded by the relevant diocesan or provincial registrar and to be published on the Church of England website.\nRule 117 requires certain information about the conviction of a clerk to be provided in writing.\nRule 118 requires certain information about the divorce or separation of a clerk to be provided in writing.\nRule 119 sets out the procedure for applications relating to vexatious litigants.\nRule 120 lists certain road traffic offences which are excluded from the provisions of the CCM relating to convictions of clerks.\nRule 121 provides that, in general, procedural irregularities do not invalidate the proceedings on a complaint.\nRule 122 imposes word and page limits on certain sections in the Forms in Schedule 1.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/882/note",
    "retrieved_at": "2026-10-28T20:56:54.526438+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}