The Clergy Discipline Rules 2005

S.I. 2005/2022 · Made 9 July 2005 · Extends to England

Contents

1. Part I: Introductory
2. 1Overriding Objective
3. 2Duty to co-operate
4. 3Application of rules
5. Part II: Institution of proceedings
6. 4Institution of proceedings against priests or deacons
7. 5Joint complainants
8. 6Form of statements in support
9. 7Submission of statements in support
10. 8Complaint out of time
11. Part III: Preliminary scrutiny
12. 9Receipt of complaint
13. 10Notifying the respondent about the complaint
14. 11Consulting the complainant for clarification
15. 12Registrar’s written report
16. 13Registrar extends time for sending the written report
17. 14Multiple complaints and the written report
18. 14AComplaints of sexual misconduct towards a vulnerable adult
19. 15Dismissal of the complaint by the bishop under section 11(3) of the Measure
20. 16President’s review of a dismissal
21. Part IV: Consideration of the courses available to the bishop
22. 17Respondent’s answer
23. 18Extension of period for bishop to consider complaint under section 12 of the Measure
24. 19Other proceedings
25. 20No further action
26. 21No further action: referral by complainant to the President
27. 22No further action: President’s decision
28. 23Consent to conditional deferment
29. 24Written determination imposing conditional deferment
30. 25Record of conditional deferment
31. 26Conciliation
32. 27Penalty by consent
33. 28Reference to the Designated Officer for formal investigation
34. Part V: Referring the complaint to the tribunal
35. 29The President’s decision
36. Part VI: Directions preparatory to a hearing before the tribunal
37. 30General
38. 31Form of application
39. 32Setting aside or varying directions given without a hearing
40. 33Matters which may be covered in directions
41. 34Production appointment
42. Part VII: Evidence
43. 35Witness statements for use at a hearing before a tribunal
44. 36Expert evidence
45. Part VIII: The tribunal
46. 37Appointment of members of the tribunal
47. 38Fixing the date and place of the hearing of the complaint
48. 39The tribunal and the overriding objective
49. 40Tribunal hearing normally to be in private
50. 41Power to adjourn
51. 42Absence from a hearing
52. 43Admissions by the respondent
53. 44Entitlement to call evidence
54. 45Oral evidence
55. 46Tribunal may require personal attendance of witness
56. 47Attendance at a hearing in private
57. 48Power to exclude from hearing
58. 49Tribunal may order identity not to be published
59. 50Pronouncement of the tribunal’s determination of the complaint
60. 51Tribunal may invite the bishop to give views about the penalty
61. 52Pronouncement of penalty
62. 53Record of conditional discharges
63. Part IX: Termination, substitution, and withdrawal
64. 54Death of the respondent
65. 55Death, serious illness or incapacity of complainant nominated by the ParochialChurch Council
66. 56Death, serious illness or incapacity of complainant not nominated by the ParochialChurch Council
67. 57President may direct withdrawal if no person is nominated or substituted
68. 58President’s powers under section 18 of the Measure
69. 59Complainant wishes to withdraw
70. Part X: Suspension
71. 60Suspension of a priest or deacon during proceedings
72. 61Suspension of a priest or deacon following arrest
73. 61ASuspension of a priest or deacon following conviction for a criminal offence
74. 61BSuspension of a priest or deacon included in a barred list
75. 61CSuspension of a priest or deacon under section 36(1)(e) of the Measure
76. 61DSuspension of a priest or deacon under section 36A of the Measure
77. 62Contents of notice of suspension
78. 63Notification to others of suspension
79. 64Revocation of suspension
80. 65Notification of cessation of suspension
81. 66Appeals by priest or deacon against notice of suspension
82. Part XI: Penalties imposed under section 30 of the Measure
83. 67Conviction to become conclusive
84. 67AApplication to extend two year period to impose penalty under section 30
85. 68Bishop proposes a penalty after sentence of imprisonment or matrimonial order , etc.
86. 69Bishop makes decision on imposition of penalty
87. 70Application to review decision to impose penalty
88. 71Bishop may respond to application for review
89. 72Archbishop reviews imposition of penalty
90. 73Imposition of penalty by bishop under section 30 of the Measure
91. Part XII: The Archbishops' list
92. 74Access to the list
93. 75Inclusion of name in list under section 38(1)(a) to (dd) of the Measure
94. 76Inclusion of name in list under section 38(1)(e) of the Measure
95. 77Review of an entry in the list – (a), (b), (c) & (dd)
96. 78Review of an entry in the list – (d) & (e)
97. 79Bishop may request review of inclusion in the list
98. 80Person named in the list may request review of inclusion after 5 years
99. Part XIII: Proceedings against bishops and archbishops
100. 81Application of rules to bishops and archbishops
101. 82Institution of proceedings against bishops or archbishops
102. 83Conditional deferment of a complaint against a bishop or archbishop
103. 84Death or serious illness or incapacity of the complainant
104. 85Notice of suspension of a bishop or archbishop during proceedings
105. 86Notice of suspension of a bishop or archbishop following arrest
106. 86ANotice of suspension of a bishop or archbishop following conviction for a criminal offence
107. 86BNotice of suspension of a bishop or archbishop included in a barred list
108. 86CNotice of suspension of a bishop or archbishop under section 37(1)(e) of the Measure
109. 86DNotice of suspension of a bishop or archbishop under section 37(A) of the Measure
110. 87Notification to others of suspension of bishop
111. 88Notification to others of suspension of archbishop
112. 89Sentences of imprisonment & matrimonial orders: bishops & archbishops
113. 90Application by bishop or archbishop for review of penalty
114. Part XIV: Application of rules to special cases
115. 91Special cases under section 42 of the Measure
116. 92Clerk in holy orders serving in a cathedral church
117. 93Chaplains of prisons, hospitals, universities, schools and other institutions
118. 94Chaplain of the armed forces of the Crown
119. 95Ministers with a licence from the Archbishop of the province
120. 96Ministers with a licence from the University of Oxford or Cambridge
121. Part XV: Removal of prohibitions
122. 97Removal of prohibition for life and deposition: priests and deacons
123. 98Removal of limited prohibition: priests and deacons
124. 99Removal of prohibition for life and deposition: bishops and archbishops
125. 100Removal of limited prohibition: bishops and archbishops
126. Part XVI: Miscellaneous
127. 101Sending or delivering documents
128. 102Time
129. 102ATime
130. 103Irregularities
131. 104Revision of forms
132. 105Contempt
133. 106Interpretation
134. 107Citation and commencement
135. Signature
136. Schedule FORMS
137. Explanatory note