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Rule 71 Priests and deacons: notice

Original text. Later amendments are not shown.

(1)

This rule applies where the responsible bishop in relation to a priest or deacon intends to exercise the power under section 41 (2) of the CCM to depose the priest or deacon from Holy Orders.

(2)

The notice of the intention to depose the priest or deacon from Holy Orders under section 41 (4) of the CCM must be in the form specified in Form 6.

(3)

The notice must—

(a)

state that the responsible bishop intends to depose the priest or deacon from Holy Orders,

(b)

specify the reasons for that decision,

(c)

explain the right of appeal under section 41 (5) and (6) of the CCM, and

(d)

explain the effect of section 41 (7) of the CCM (minimum period before deposition can take effect).

(4)

The notice must be served personally on the priest or deacon; and, in making the arrangements for personal service of the notice, the responsible bishop must have due regard to the Code of Practice.

(5)

But the President of Tribunals, if satisfied on an application by the responsible bishop that service under paragraph (4) is not practicable, may direct that the notice—

(a)

may be sent in accordance with rule 111, or

(b)

may otherwise be given in accordance with the President’s directions.

(6)

An application under paragraph (5)—

(a)

must be made in accordance with rule 105, and

(b)

may be made without notice being given to any person (but the President may direct under rule 4 that written notice of the application must be given to specified persons).

(7)

If the notice is to be given in accordance with a direction under paragraph (5), it must be accompanied by a written offer from the responsible bishop of the opportunity for a meeting with the responsible bishop.