Article 43 Interpretation

In these appeal rules, unless the context otherwise requires—

• “appellant” means the respondent or the Designated Officer, as the case may be, who appeals under rule 3, and, for the avoidance of doubt, does not include a complainant;

• “appellate court” means the Arches Court of Canterbury when the proceedings take place in the province of Canterbury, and the Chancery Court of York when the proceedings take place in the province of York;

• “complainant” means the person who made the complaint under section 10 of the Measure, or the person duly nominated to do so whether under section 10 or section 42 of the Measure, or rule 55 of the Clergy Discipline Rules 2005^f1, or the person authorised or determined to have had a proper interest under section 42 of the Measure in making the complaint, or the person substituted as complainant under rules 55, 56 or 59 of the Clergy Discipline Rules 2005, as the case may be;

• “Dean” means the Dean of the Arches and Auditor;

• “decision” means a determination by a tribunal or Vicar-General’s court within the meaning of section 18(3)(b) of the Measure;

• “Designated Officer” means the officer of the Legal Office of the National Institutions of the Church of England designated by the Archbishops' Council for the purposes of the Measure, and who acts independently from the complainant, the respondent, the bishop, the archbishop or any other person or body;

• “Legal Aid Fund” and “Legal Aid Commission” shall mean the fund and the commission referred to in section 1 of the Church of England (Legal Aid) Measure 1994^f2;

• “parties” means the respondent and the Designated Officer, and “other party” shall mean either the respondent or the Designated Officer, as the case may be according to the context;

• “Provincial Registrar” in the case of an appeal from a bishop’s disciplinary tribunal means the provincial registrar for the relevant province, and in the case of an appeal from the Vicar-General’s court means the provincial registrar for the other province;

• “respondent” means the person against whom disciplinary proceedings were instituted;

• “Schedule” means the Schedule to these appeal rules;

• “the Measure” means the Clergy Discipline Measure 2003;

• “tribunal” means a bishop’s disciplinary tribunal or a Vicar-General’s court exercising its jurisdiction in disciplinary proceedings, as the case may be.