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Paragraph 9 Appeal and review

Original text. Later amendments are not shown.

(1)

Section 50 of the CCM (review by President of Tribunals on complaint) applies to a complaint under this Schedule; and for that purpose—

(a)

subsection (1) applies as if it included a reference to a decision taken by the relevant assessor that the alleged misconduct is not likely to call into question the fitness of the clerk in Holy Orders to exercise ministry, and

(b)

subsection (2) applies as if it included a reference to a dismissal by the relevant assessor of the alleged misconduct on the grounds that it is vexatious or totally without merit.

(2)

Section 51 of the CCM (review by President of Tribunals of penalty on conviction etc) applies to a clerk in Holy Orders on whom a penalty has been imposed under section 46 of the CCM (as modified by paragraph 8) as if the clerk were an archbishop on whom a penalty had been imposed under that section.

(3)

Section 52 (1) to (4) of the CCM (appeal etc to court) applies to a complaint under this Schedule.

(4)

Section 53 of the CCM (permission to appeal) applies to an appeal or application for review under section 52 of the CCM (as it is applied by sub-paragraph (3)); and for that purpose, subsections (1) (a) and (3) are to be ignored.

(5)

Part 20 of these Rules applies to a complaint under this Schedule with such modifications as are necessary or appropriate in consequence of this paragraph and paragraph 10.