# The Clergy Discipline Rules 2005, Rule 8: Allegation out of time

Extent: E

(1) Any application to the President to permit an allegation of misconduct instituting disciplinary proceedings outside the period prescribed in section 9 of the Measure shall be made in writing in form 1c in the Schedule ... and shall set out the reasons why proceedings were not instituted within time.
(1A) The complainant may in the written application request that the complainant’s contact details should not be disclosed to the respondent and shall give reasons for any such request.
(1B) Where a request is made under paragraph (1A), the complainant’s contact details shall not be disclosed to the respondent and shall be deleted from copies of any documents to be served on the respondent unless the President otherwise directs.
(1C) Where the President makes a direction under paragraph (1B)—
(a) the President shall forthwith in writing notify the complainant of the reasons for making the direction, and
(b) the application shall lapse unless within 14 days the complainant informs the President that the complainant wishes the application to proceed notwithstanding the direction made by the President under paragraph (1B).
(2) The President shall start consultation by giving the respondent a copy of the complainant’s application and written directions for the management of the application, and shall invite the respondent to make written comments to the President in response to the application within 21 days of receiving the copy of the application and the directions; and any such comments must be made in accordance with those directions.
(3) The President shall, within 7 days of receiving comments from the respondent under paragraph (2), give the complainant a copy of the comments and written directions for the management of the application.
(4) When acting under paragraph (3), the President shall inform the complainant that, within 21 days of receiving the copy of the comments and the directions, the complainant may send the President written comments in reply; and any such comments must be made in accordance with those directions.
(5) Having considered any comments of the complainant and the respondent, and if satisfied that there was good reason why the complainant did not institute proceedings at an earlier date, the President may give permission in writing to the complainant for an allegation of misconduct to be made under section 10(1)(a) of the Measure, and if so, shall specify the time within which the allegation in writing shall be made in accordance with rule 4. The President shall send a copy of the written permission to the respondent and the relevant bishop.
(6) If, having considered any comments of the complainant and the respondent, the President does not give permission for an allegation of misconduct to be made outside the period prescribed in section 9 of the Measure, the President shall in writing so notify the complainant, the respondent and the relevant bishop.

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Source: https://www.legislation.gov.uk/uksi/2005/2022/rule/8 (the official version)
Page: https://openlegislation.uk/clergy-discipline-rules-2005/rule-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.