Rule 52 Pronouncement of penaltyI1
England
The Chair shall pronounce in public the penalty or penalties imposed by the tribunal and may sit alone for that purpose F1, save that, in the event of the Chair’s death or incapacity before pronouncement in public, the imposition of the penalty shall be pronounced in public by another member of the tribunal nominated for that purpose by the Registrar of Tribunals.
The pronouncement of the penalty or penalties may be on the same occasion as the pronouncement of the determination under rule 50, or at a later date.
In the event of death or incapacity of any one member of the tribunal after the tribunal has determined F3an allegation of misconduct, whether or not the determination has been pronounced in public, the President may appoint another person from the relevant category of the provincial panel in substitution for that member for the purpose of considering whether a penalty should be imposed; provided that the President shall not make any such appointment until the respondent has been afforded a reasonable opportunity to make representations about the suitability of the proposed person.
The decision to impose a penalty or penalties shall be recorded in writing, and a copy of the written decision shall be sent to the respondent, the Designated Officer, the bishop, the registrar and the provincial registrar.
Annotations
Textual amendments
- F1
Words in rule 52(1) added (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 14(2), 37(2); 2014 No. 2, s. 2
- F2
Rule 52(2A) inserted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 14(3), 37(2); 2014 No. 2, s. 2
- F3
Words in rule 52(2A) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
Commencement
- I1
Rule 52 in force at 1.1.2006, see rule 107(2)