Rule 59 Complainant wishes to withdrawI1
England
Where a complainant wishes to withdraw F1an allegation of misconduct at any stage before the bishop determines which course to pursue under section 12 of the Measure, the bishop, after consulting the respondent in writing, shall direct—
that the F2allegation of misconduct shall be withdrawn, whereupon no further action shall be taken upon it, or
that the allegation of misconduct shall proceed, and a nominated person with a proper interest, who has agreed to act as the complainant, shall be substituted in place of the complainant who wishes to withdraw.
The bishop may seek advice from the registrar as to whether the person to be substituted as complainant has a proper interest in making the F3allegation of misconduct.
The bishop’s direction shall be made in writing and a copy shall be given to the respondent, the complainant, the person to be substituted as complainant, and the registrar.
Where a complainant wishes to withdraw F4an allegation of misconduct after the bishop has directed that it is to be formally investigated, the President, after consulting the respondent, the bishop, and the Designated Officer in writing, may direct that—
the F5allegation shall proceed, and
a nominated person with a proper interest, who has agreed to act as the complainant, shall be substituted in place of the complainant who wishes to withdraw.
The President’s direction shall be made in writing and a copy shall be given to the respondent, the complainant, the person to be substituted as complainant, the Designated Officer, the bishop, the Registrar of Tribunals and the registrar.
Annotations
Textual amendments
- F1
Words in rule 59(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 59(1)(a)(b) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
- F3
Words in rule 59(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 59(4) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
- F5
Word in rule 59(4)(a) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
Commencement
- I1
Rule 59 in force at 1.1.2006, see rule 107(2)