OpenLegislation

Section 13 No further actionI1

England

(1)

Where the bishop determines that there is to be no further action the following provisions of this section shall apply.

(2)

The bishop shall reduce his determination to writing and shall give a copy of it to the complainant and the respondent.

(3)

The complainant may refer the complaint to the president of tribunals and, if the president considers that the bishop’s determination was plainly wrong, he mayF1—

(a)

direct the bishop to pursue such of the courses specified in section 12(1)(b) to (e) above as he considers appropriate, in which case the bishop shall proceed accordinglyF2, or

(b)

remit the complaint to the bishop and direct the bishop to reconsider the determination that there is to be no further action.

F3(4)

On a reconsideration following a direction under subsection (3)(b), the bishop may nonetheless decide under section 12(1)(a) to take no further action; and, if the bishop does so, this section applies accordingly.

Annotations

Textual amendments

F1

S. 13(3) words renumbered as s. 13(3)(a) (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 10(3)(a), 12(3); S.I. 2016/1213, art. 2

F2

S. 13(3)(b) and word inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 10(3)(b), 12(3); S.I. 2016/1213, art. 2

F3

S. 13(4) inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 10(4), 12(3); S.I. 2016/1213, art. 2

Commencement

I1

S. 13 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops