OpenLegislation

Rule 10 Notifying the respondent about the allegationF10I1

England

(1)

Subject to F1paragraph (2), F2rule 4(5) and rule 6(5), within 7 days of receiving the F3allegation of misconduct from the bishop, the registrar shall notify the respondent in writing—

(a)

that an F4allegation has been made,

(b)

that the registrar’s function is limited to scrutinising the allegation in order to produce a written report for the bishop setting out the registrar’s views on—

(i)

whether, at the date when proceedings were instituted, the complainant was entitled under section 10 of the Measure to make the allegation, and

(ii)

whether there is sufficient substance in the allegation to justify proceeding with it,

(c)

that no formal response or detailed evidence is required from the respondent at this preliminary stage as the registrar’s function is limited to the matters in paragraph (b) above,

(d)

that the respondent will be requested by the bishop to respond to the allegation in detail with evidence in support if it proceeds beyond preliminary scrutiny,

(e)

of the date when the registrar expects to submit the written report to the bishop.

F5(2)

The registrar may in exceptional circumstances for no longer than is necessary delay notifying the respondent that F6an allegation of misconduct has been made.

F7(3)

When notifying the respondent under paragraph (1), the registrar shall send the respondent a copy or, where rules 4(4), 6(4) or 8(1B) apply, an edited transcript of the F8allegation of misconduct or the relevant written evidence in support, as the case may be.

F9(4)

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Annotations

Textual amendments

F1

Word in Rules substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 14(a)

F2

Words in rule 10(1) inserted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 6(2), 37(2); 2014 No. 2, s. 2

F3

Words in rule 10(1) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F4

Word in rule 10(1) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F5

Rule 10(2) substituted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 6(3), 37(2); 2014 No. 2, s. 2

F6

Words in rule 10(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F7

Rule 10(3) substituted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 6(4), 37(2); 2014 No. 2, s. 2

F8

Words in rule 10(3) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F9

Rule 10(4) omitted (1.2.2014) by virtue of The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 6(5), 37(2); 2014 No. 2, s. 2

F10

Word in rule 10 title substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

Commencement

I1

Rule 10 in force at 1.1.2006, see rule 107(2)