OpenLegislation

Rule 28 Reference to the Designated Officer for formal investigationI1

England

(1)

Where the bishop directs under section 12(1)(e) of the Measure that the F1allegation of misconduct is to be formally investigated, the bishop shall refer it to the Designated Officer, and shall supply the Designated Officer with a copy of the allegation of misconduct and the respondent’s answer together with all written evidence in support of each of them, and the registrar’s written report.

(2)

Within 14 days of referring the allegation of misconduct to the Designated Officer the bishop shall give written notice of the referral to the complainant and the respondent.

(3)

The complainant and the respondent shall co-operate with the Designated Officer during the investigation, in particular by responding in writing within 14 days (or such extended period as the Designated Officer may allow) to any questions asked by the Designated Officer for the purpose of clarification of the allegation of misconduct or the respondent’s answer or of the evidence in support of each.

(4)

If any new material information is disclosed to the Designated Officer by or on behalf of the complainant or the respondent in the course of the investigation, the Designated Officer shall pass it on to the party who did not disclose it and invite that party to comment within a stated period of time.

(5)

The Designated Officer shall F2cause inquiries to be made into the F3allegation of misconduct and shall send or deliver F4or cause to be sent or delivered a written report to the President within 3 months of the date of the receipt of the documents specified in F5paragraph (1).

The time within which the Designated Officer is required to report to the President may be extended for such period as the President deems to be justified in the particular circumstances of the case. Any application for an extension of time shall be made by the Designated Officer in writing to the President.

Annotations

Textual amendments

F1

Words in rule 28(1)(2)(3) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F2

Words in rule 28(5) substituted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 9, 37(2); 2014 No. 2, s. 2

F3

Words in rule 28(5) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F4

Words in rule 28(5) inserted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 9, 37(2); 2014 No. 2, s. 2

F5

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

Commencement

I1

Rule 28 in force at 1.1.2006, see rule 107(2)

Notes on Part IV

Textual amendments

F1

Word in Pt. IV title inserted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 5(4)