Rule 4 Institution of proceedings against priests or deaconsI1

England

(1)

No disciplinary proceedings under section 10(1)(a) of the Measure may be instituted against priests or deacons except by way of a written F1allegation of misconduct made in form 1a in the Schedule F2...

(2)

F3An allegation of misconduct in writing made under section 10(1)(a) of the Measure shall—

(a)

state—

(i)

the bishop to whom the F4allegation is being made,

(ii)

the full name and contact address, including postcode, of the complainant F5and, if the complainant has one, an email address,

(iii)

the name and position held of the priest or deacon about whom the F6allegation is made,

(iv)

why the complainant claims to have a proper interest or is otherwise entitled to make the allegation,

(v)

in summary form the nature and details of the acts or omissions alleged to be misconduct under section 8 of the Measure,

(vi)

the date or dates of the alleged misconduct,

(vii)

the evidence in support that the complainant relies upon, which shall be in writing signed and dated by the maker of the statement in each case.

F7(aa)

be accompanied by a statement of the relevant events in chronological sequence,

(b)

where the complainant has been nominated by a Parochial Church Council, have attached to it a certified copy of the resolution passed by the Parochial Church Council in accordance with section 10(1)(a)(i) of the Measure,

(c)

contain a declaration that the complainant believes the facts of the F8allegation to be true, and

(d)

be signed and dated by the complainant, and be sent or delivered to the bishop.

F9(3)

The complainant may in the written F10allegation of misconduct request that the complainant’s contact details should not be disclosed to the respondent and shall give reasons for any such request.

(4)

Where a request is made under F11paragraph (3), the complainant’s contact details shall not be disclosed to the respondent and shall be deleted from copies of any documents to be served on the respondent unless the registrar otherwise directs.

(5)

Where the registrar makes a direction under paragraph (4)—

(a)

the registrar shall forthwith in writing notify the complainant of the reasons for making the direction, and

(b)

the F12allegation of misconduct shall lapse unless within 14 days the complainant informs the registrar that the complainant wishes the F13allegation to proceed notwithstanding the direction made by the registrar under paragraph (4).

Annotations

Textual amendments

F1: Words in rule 4(1) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F2: Words in rule 4(1) omitted (13.7.2021) by virtue of The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 13(1)
F3: Words in rule 4(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F4: Word in rule 4(2)(a)(i) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F5: Words in rule 4(2)(a)(ii) inserted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 2(1)
F6: Word in rule 4(2)(a)(iii)(iv) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F7: Rule 4(2)(aa) inserted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 3
F8: Word in rule 4(2)(c) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F9: Rule 4(3)-(5) added (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 2, 37(2); 2014 No. 2, s. 2
F10: Words in rule 4(3) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F11: Word in Rules substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 14(a)
F12: Words in rule 4(5)(b) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F13: Word in rule 4(5)(b) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

Commencement

I1: Rule 4 in force at 1.1.2006, see rule 107(2)