Rule 9 Receipt of complaintI1

England

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 9 title word substituted by Clergy Discipline 2021 Sch. 2
rule 9(1)(1A)(2) word substituted by Clergy Discipline 2021 Sch. 2
rule 9(1)(1A) words substituted by Clergy Discipline 2021 Sch. 2
rule 9(1A)(2) words substituted by Clergy Discipline 2021 Sch. 2
rule 9(2) words substituted by Clergy Discipline 2021 rule 8(3)(a)
rule 9(2) words inserted by Clergy Discipline 2021 rule 8(3)(b)

(1)

On receipt of a complaint the bishop, or a person authorised by the bishop, shall send the complainant an acknowledgment of the complaint, which states—

(a)

the date when proceedings were instituted, which is the date the complaint was received, and

(b)

subject to F1sub-rule (1A), that the complaint together with the written evidence in support of the complaint, if any, will be referred to the registrar for a written report to be prepared setting out the registrar’s views on—

(i)

whether at the date when proceedings were instituted the complainant was entitled under section10 of the Measure to make the complaint, and

(ii)

whether there is sufficient substance in the complaint to justify proceeding with it in accordance with the provisions of the Measure.

F2...

F3(1A)

Where a complaint alleges misconduct which might constitute a criminal offence, the acknowledgment shall state that resolution of the complaint under the Measure may be postponed to await the outcome of police or other investigations.

(2)

The bishop, or a person authorised by the bishop, shall refer the complaint and written evidence in support of the complaint to the registrar within 7 days of receipt.

Annotations

Textual amendments

F1: Words in rule 9(1) substituted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 5(2), 37(2); 2014 No. 2, s. 2
F2: Words in rule 9(1) omitted (1.2.2014) by virtue of The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 5(3), 37(2); 2014 No. 2, s. 2
F3: Rule 9(1A) inserted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 5(4), 37(2); 2014 No. 2, s. 2

Commencement

I1: Rule 9 in force at 1.1.2006, see rule 107(2)