OpenLegislation

Article 7 Suspension

Original text. Later amendments are not shown.

After rule 61B the following new rules are inserted—

“Suspension of a priest or deacon under section 36(1)(e) of the Measure

61C.
(1)

Where the bishop is satisfied, on the basis of information provided by a local authority or the police, that a priest or deacon holding any preferment in the diocese presents a significant risk of harm, the bishop may suspend the priest or deacon from exercising or performing without the leave of the bishop any right or duty of or incidental to the office of priest or deacon, as the case may be.

(2)

Before serving a notice under section 36(1)(e) of the Measure, or revoking a notice served under section 36(1)(e), the bishop must consult the diocesan safeguarding advisor and such other persons as the bishop considers appropriate.

(3)

A notice suspending a priest or deacon under sub-rule (1) shall be in form 16a in the Schedule or in a form which is substantially to the like effect, and may specify any rights or duties which by leave of the bishop are not suspended.

Suspension of a priest or deacon under section 36A of the Measure

61D.
(1)

Where an application is made to the President for permission under section 9 of the Measure for proceedings to be instituted against a priest or deacon holding any preferment in a diocese, the bishop may suspend the priest or deacon from exercising or performing without the leave of the bishop any right or duty of or incidental to the priest’s or deacon’s office, provided the bishop is satisfied that the suspension is necessary in all the circumstances of the case.

(2)

Before exercising the power of suspension, the bishop must refer the matter to the registrar for written advice on—

(a)

whether the complainant has a proper interest in instituting the proceedings,

(b)

whether there is sufficient substance in the complaint to justify proceeding with it in accordance with the Measure, and

(c)

whether the suspension is necessary in all the circumstances of the case,

and the bishop must have regard to the registrar’s report in deciding whether to exercise the power of suspension.

(3)

A notice suspending a priest or deacon under sub-rule (1) shall be in form 17a in the Schedule or in a form which is substantially to the like effect, and may specify any rights or duties which by leave of the bishop are not suspended.

(4)

A copy of the registrar’s report shall be served by the bishop on the priest or deacon at the same time as the notice of suspension.”.