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Rule 55 Death, serious illness or incapacity of complainant nominated by the ParochialChurch CouncilI1

England

(1)

In the event of the death or serious illness or incapacity of the complainant who has been nominated by the parochial church council, that council may, on its own initiative or at the invitation of the bishop, nominate another person as complainant in the proceedings, and shall send or deliver notice in writing of any such nomination to—

(a)

the bishop,

(b)

the respondent, and

(c)

where the F1allegation of misconduct has been referred by the bishop under section 17 of the Measure for a formal investigation, the Registrar of Tribunals and the Designated Officer.

(2)

If the parochial church council does not nominate another person within 28 days of being invited by the bishop to do so, any person claiming to have a proper interest in making the F2allegation of misconduct may apply in writing to be substituted as the complainant. The application shall set out the grounds for the claim, and shall be made to the bishop unless the allegation of misconduct has already been referred to the Designated Officer for a formal investigation, in which case it shall be made to the President.

Annotations

Textual amendments

F1

Words in rule 55(1)(c) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F2

Words in rule 55(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

Commencement

I1

Rule 55 in force at 1.1.2006, see rule 107(2)