Rule 61D Suspension of a priest or deacon under section 36A of the MeasureF1

(1)

Where an application is made to the President for permission under section 9 of the Measure for proceedings to be instituted against a priest or deacon holding any preferment in a diocese, the bishop may suspend the priest or deacon from exercising or performing without the leave of the bishop any right or duty of or incidental to the priest’s or deacon’s office, provided the bishop is satisfied that the suspension is necessary in all the circumstances of the case.

(2)

Before exercising the power of suspension, the bishop must refer the matter to the registrar for written advice on—

(a)

whether the complainant has a proper interest in instituting the proceedings,

(b)

whether there is sufficient substance in the F2allegation of misconduct to justify proceeding with it in accordance with the Measure, and

(c)

whether the suspension is necessary in all the circumstances of the case,

and the bishop must have regard to the registrar’s report in deciding whether to exercise the power of suspension.

(3)

A notice suspending a priest or deacon under F3paragraph (1) shall be in form 17a in the Schedule F4... and may specify any rights or duties which by leave of the bishop are not suspended.

(4)

A copy of the registrar’s report shall be served by the bishop on the priest or deacon at the same time as the notice of suspension.

Annotations

Textual amendments

F1: Rules 61C, 61D inserted (1.1.2017) by The Clergy Discipline (Amendment) Rules 2016 (S.I. 2016/848), rules 7, 20(2)
F2: Words in rule 61D(2)(b) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
F3: Word in Rules substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 14(a)
F4: Words in rule 61D(3) omitted (13.7.2021) by virtue of The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 13(7)