OpenLegislation

Rule 50 Pronouncement of the tribunal’s determination of the allegationF5I1

England

(1)

The determination of the F1allegation of misconduct shall be according to the opinion of the majority of the members of the tribunal.

(2)

The Chair shall pronounce the tribunal’s determination of the allegation of misconduct in public—

(a)

at the end of the hearing, or

(b)

at a later date when the Chair may sit alone for that purpose F2,

save that, in the event of the Chair’s death or incapacity after the tribunal has determined F3an allegation of misconduct but not yet pronounced it in public, the determination shall be pronounced by another member of the tribunal nominated for that purpose by the Registrar of Tribunals.

(3)

The tribunal’s determination shall be recorded in writing with reasons, and shall set out the opinion of the majority of its members together with the minority opinions if any, and shall be signed by F4the Chair, or in the event of the Chair’s death or incapacity, by another member of the tribunal nominated for that purpose by the Registrar of Tribunals.

(4)

The tribunal may omit from the written determination the name and any other identifying details of any person, if satisfied that such an order—

(a)

is desirable to protect the private life of that person, or

(b)

is desirable to protect the interests of any child, or

(c)

is otherwise in the interests of the administration of justice.

(5)

A copy of the tribunal’s written determination shall be sent to the complainant, the respondent, the Designated Officer, the bishop, the registrar, and the provincial registrar.

Annotations

Textual amendments

F1

Words in rule 50(1)(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F2

Words in rule 50(2) added (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 13(2), 37(2); 2014 No. 2, s. 2

F3

Words in rule 50(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F4

Words in rule 50(3) substituted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 13(3), 37(2); 2014 No. 2, s. 2

F5

Word in rule 50 title substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

Commencement

I1

Rule 50 in force at 1.1.2006, see rule 107(2)