OpenLegislation

Section 42 Application of Measure in special casesI1

(1)

In the application of this Measure to the following—

  • Cathedral clergy

  • Chaplains of prisons, hospitals, universities, schools and institutions in an extra-parochial place

  • Chaplains of the armed forces of the Crown

  • Ministers who have a licence from the archbishop of a province to preach throughout the province

  • Ministers who have a licence from the University of Oxford or Cambridge to preach throughout England

it shall be read with the following adaptations.

(2)

In the case of a clerk in Holy Orders serving in a cathedral church, disciplinary proceedings may be instituted only by—

(a)

a person nominated by F1the Chapter of the cathedral; or

(b)

any other person, if the diocesan bishop concerned determines that that person has a proper interest in making the complaint.

(3)

In the case of a chaplain of a prison, hospital, university, school or other institution, disciplinary proceedings may be instituted only by a person duly authorised by the diocesan bishop concerned to institute such proceedings.

(4)

In the case of a chaplain of one of the armed forces of the Crown—

(a)

disciplinary proceedings may be instituted only if the archbishop of Canterbury determines that the person concerned has a proper interest in making the complaint;

(b)

the complaint shall be laid before the archbishop of Canterbury and references to the diocesan bishop concerned shall be construed as references to that archbishop.

(5)

In the case of a minister who has a licence from the archbishop of a province—

(a)

disciplinary proceedings may be instituted only by a person duly authorised by the archbishop to institute such proceedings;

(b)

the complaint shall be laid before that archbishop and references to the diocesan bishop concerned shall be construed accordingly.

(6)

In the case of a minister who has a licence from the University of Oxford or Cambridge—

(a)

disciplinary proceedings may be instituted only by a person duly authorised by the archbishop of Canterbury to institute such proceedings;

(b)

the complaint shall be laid before that archbishop and references to the diocesan bishop concerned shall be construed accordingly.

Annotations

Textual amendments

F1

Words in s. 42(2)(a) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 26 (with ss. 42(4), 48, 52(1))

Commencement

I1

S. 42 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops