Rule 56 Death, serious illness or incapacity of complainant not nominated by the ParochialChurch CouncilI1
England
In the event of the death, serious illness or incapacity of the complainant other than a person nominated by a parochial church council, any other person claiming to have a proper interest in making the F1allegation 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.
Where an application to be substituted as the complainant is made to the bishop, the bishop may seek advice from the registrar as to whether the applicant has a proper interest in the allegation of misconduct.
The bishop or the President, as the case may be, may substitute an applicant as the complainant if satisfied that the applicant has a proper interest in the allegation of misconduct, and that it is in the interests of justice to do so, and shall notify the respondent accordingly.
Annotations
Textual amendments
- F1
Words in rule 56(1)(2)(3) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
Commencement
- I1
Rule 56 in force at 1.1.2006, see rule 107(2)