Rule 23 Application to extend two year period to impose penalty under section 30I1I2

After rule 67 there is inserted the following rule—

“Application to extend two year period to impose penalty under section 30

67A.

(1)

An application by the bishop to the President for an extension of the two year period referred to in section 30(3) of the Measure shall be made in writing with reasons, and may be made notwithstanding that the two year period has previously expired.

(2)

Within 7 days of receipt of the application the President shall start consultation by providing the priest or deacon with a copy of the bishop’s application, and shall invite the priest or deacon to make written comments within 21 days about the reasons given by the bishop for not imposing a penalty in time.

(3)

A copy of any comments received from the priest or deacon shall be supplied by the President to the bishop within 7 days of receipt.

(4)

The President shall inform the bishop that within 21 days of receiving a copy of any comments from the priest or deacon the bishop may send written comments in reply to the President and a copy to the priest or deacon.

(5)

Having considered any comments of the bishop and the priest or deacon, and if satisfied that the bishop did not know at any relevant time of the existence of the conviction, or as the case may be, of the decree absolute or order, the President may extend the period in writing for a penalty to be imposed under section 30(1)(a) or (b), and if so, shall specify the time within which the penalty shall be imposed. The President shall send a copy of his written decision to the priest or deacon.

(6)

If the President does not extend the two year period he shall in writing so notify the bishop and the priest or deacon.”.