Rule 106 InterpretationI1

In these rules, unless the context otherwise requires—

• “Schedule” means the Schedule to these rules;

• F2“allegation of misconduct” has the same meaning as “complaint” has in the Measure;

• F3“bishop” includes the suffragan F4... or assistant bishop, as the case may be, where—

  1. (a)

     disciplinary functions have been delegated in a diocese under an instrument made under section 13 or 14 of the Dioceses, Pastoral and Mission Measure 2007 or in an instrument having effect as if made under either of those sections by virtue of paragraph 3 of Schedule 6 to that Measure; or

  1. (b)

     such functions are discharged under a scheme made under section 11 of the Dioceses Measure 1978 which continues in force under paragraph 5 of that Schedule.

• “Chair” means the chairman (within the meaning of section 22(1)(a), section 23(1)(a) and section 23(2)(a) of the Measure) of the tribunal or Vicar-General’s court which is hearing, or will in due course be hearing, the F5allegation of misconduct;

• “child” means a person under the age of 18 years old;

• “complainant” means the person or persons making or intending to make an allegation of misconduct under section 10 of the Measure, or the person duly nominated to do so whether under section 10, section 42 or rule 55 or the person authorised or determined to have a proper interest under section 42, or the person substituted as complainant under rules 55, 56 or 59, as the case may be;

• “conciliator” includes joint-conciliators;

• “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, who conducts the case on behalf of the complainant when the allegation of misconduct is referred to the tribunal or the Vicar-General’s court, and who acts independently from the complainant, the respondent, the bishop, the archbishop, or any other person or body;

• “party” and “parties” refer to the complainant and the respondent, except in Parts VI, VII, and VIII where they refer to the Designated Officer and the respondent.

• “President” means the President of Tribunals F6or the Deputy President of Tribunals, as the case may be, or a person appointed to act in his or her place;

• “provincial registrar” means the provincial registrar of the relevant province, or in the case of an allegation of misconduct against an archbishop, the provincial registrar of the other province F7or, in the case of either of the provincial registrars, a person appointed under section 29(1) or (5) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018;

• “registrar” means the diocesan registrar F8or a person appointed under section 31(1) or (5) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, or in the case of an allegation of misconduct made against a bishop the provincial registrar, or in the case of an allegation of misconduct made against an archbishop the provincial registrar of the other province;

• “Registrar of Tribunals” means the registrar of tribunals for the relevant province;

• “respondent” means the person in respect of whom disciplinary proceedings are instituted or intended to be instituted;

• “the list” means the archbishops' list compiled and maintained by the archbishops under section 38 of the Measure;

• “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 F9;

• “vulnerable adult” has the same meaning as in section 6(2) of the Safeguarding and Clergy Discipline Measure 2016.

A person appointed under section 29(1) or 31(1) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 is entitled to exercise a function under these Rules of a provincial registrar or diocesan registrar whether or not the person is authorised to exercise that function under the instrument of appointment.